Get Floored Giveaway Sweepstakes

Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.  The following SWEEPSTAKES is OPEN TO LEGAL RESIDENTS OF PENNSYLVANIA WHO LIVE WITHIN 250 MILES OF PHILADELPHIA, PA, WHO meet the eligibility requirements (as defined in the rules below).  VOID ELSEWHERE AND WHEREVER PROHIBITED.  DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW. 

 

Sweepstakes Name:  Get Floored Giveaway – Philadelphia  (the “Sweepstakes”).

 

Sweepstakes Dates: Sweepstakes registration begins at 12:00:00 AM Eastern Time (ET) on September 17, 2018 and ends at 11:59:59 pm (ET) on November 30, 2018 (the “Registration Period”).  Sweepstakes is subject to all applicable federal, state and local laws and regulations.  Void outside of Pennsylvania and wherever prohibited or restricted by law.

 

Who may Enter:  Sweepstakes is open only to legal residents of Pennsylvania who live within 250 miles of Philadelphia, PA, who are age 18 or older as of date of entry and have a valid U.S. driver’s license or government issued photo ID, except the following persons who are not eligible to enter or win:

(a)   Employees, officers, and directors of Floor and Decor (“Sponsor”), Million Dollar Media, LLC (the “Sweepstakes Administrator”), and, as applicable, each of their respective parents, affiliated companies, subsidiaries, distributors, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this Sweepstakes (collectively, “Released Parties”), and the members of the immediate families or same households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this Sweepstakes, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grandchildren (including step-grandchildren) and each of their respective spouses, regardless of where they reside.

(b)   Individuals who do not have access to the internet as of November 30, 2018 in order to register for the Sweepstakes;

 

How to Enter: During the Registration Period, (i) follow the Floor and Decor Instagram handle (@flooranddecor), (ii) visit https://www.instagram.com/christinasadventures (the “Influencer”) and look for the Influencer’s Get Floored Giveaway Sweepstakes Instagram post, (iii) tag two (2) friends in the comments section of the Influencer’s Get Floored Giveaway Sweepstakes post, (iv) include the hashtag #GetFlooredGiveawayPHI #Sweepstakes (“Instagram Entry”). NOTE:  To enter the Sweepstakes in this method, you must be an active holder of a non-private Instagram account (holders with private account settings may not enter in this method).  If you do not have the Instagram application, you may download it through the application store on your mobile device. The Instagram application is free, and Instagram’s Terms of Use apply. For details, visit http://instagram.com/legal/terms/. Submitted entries will appear on Instagram under the hashtag #GetFlooredGiveawayPHI. If you enter on a wireless service provider’s network (as opposed to a WiFi network), your carrier’s text and data rates will apply. You should consult your wireless service provider’s pricing plan for details.  You agree to incur any and all charges imposed by your wireless carrier.

 

All entries must be submitted and registration must be fully completed with all required information by 11:59:59pm ET on November 30, 2018 to be eligible.  Maximum of one entry per person.  Each participant must submit an entry on his/her own behalf.  Any entry submitted on behalf of another individual or using another person’s name, Instagram account, or providing any false information will be disqualified.  Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different social media handles, identities, or any other methods void all that participant's entries and that participant will be disqualified. No mechanically produced or automated entries permitted.  Use of any automated system (including but not limited to third party sweepstakes/contest entry services) to participate is prohibited and will result in disqualification and all such entries will be deemed void.  False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible. 

 

All Entries in the Sweepstakes become the sole property of Sponsor and will not be returned. Each Entrant agrees that their submission may be viewed by the public, and shall become the property of Sponsor. However, the fact that a submission is viewable by the public does not constitute any representation as to Sweepstakes eligibility or notification of selection as a prize winner in the Sweepstakes. Sponsor reserves the right to disqualify and remove submission at any time that is not in compliance with these Official Rules.  All Entries must conform to the submission requirements as outlined above and below, or it may be disqualified and not considered for the Sweepstakes. 

 

Any additional individuals included in a post via Instagram Entry or referenced in any Entry, may be required to provide Entrant with express consent and permission for their names, identities and/or images to be included and submitted in the Sweepstakes, and such Entrant is solely responsible for obtaining all authorizations or approvals.  The individual who submitted the Instagram Entry shall be designated as the official Entrant competing in the Sweepstakes, regardless of any other individuals included in the Entry, and shall be the only individual eligible for any resulting prize award (see below).  Any unauthorized photo or other submissions will be disqualified. 

 

By participating and submitting an entry, contestant agrees that Sponsor and participating parties are authorized to contact entrant via email, mail, phone or any other form of media to make contestant aware of information pertinent to the Sweepstakes, and to distribute information regarding the Sponsor(s) featured products, discounts, special events or promotional offers.  Contestants may opt-out of any further email communication at any time by simply replying REMOVE to any email message, or following the provided opt-out instructions.  Any available opt-in opportunities are not required to enter the Sweepstakes, and checking the opt-in boxes will not improve your chances of winning.

 

All entries must include all required information.  Any entry or submission with incorrect, incomplete or illegible/garbled information, invalid or other inaccurate information will be disqualified.  Released Parties are not responsible for lost, late, misdirected, incorrect, illegible, garbled, corrupted, inaccessible, blocked, incomplete, invalid, unintelligible, or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Official Rules, or for any entry not submitted or received due to any technical error or failure, human error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, failures, omissions, interruptions, deletions, or defects of any phone or cellular phone provider, network computer online systems, computer equipment, servers, or software, including any injury or damage to contestant’s or any other person’s computer or mobile device relating to or resulting from participation in this Sweepstakes; or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer, phone line or cellular transmissions and/or network connections; all of which will be disqualified.  

 

In the event of a dispute as to any entry, registration or submission, the authorized account holder of the Instagram account used to register or submit the entry will be deemed to be the registrant and s/he must be eligible according to these Official Rules. The “authorized account holder” is the natural person assigned to the Instagram account holder (as assigned by Instagram, as the case may be) of the account name used to post the submission.  Proof of being the authorized account holder may be required.

 

By registering and submitting an entry submission, you affirm that you have read and accepted these Official Rules.  The laws of the United States apply to and govern this Sweepstakes and any claims must be raised and resolved in the United States; see IN CASE OF DISPUTES below.  Any information collected by registering and entering the Sweepstakes shall be used only in a manner consistent with these Official Rules and with Sweepstakes Administrator’s Privacy Policy. By entering the Sweepstakes, each contestant agrees that s/he may be contacted, recorded and/or broadcasted by Sponsor, and that his/her story submission may be used, promoted, released, broadcasted or published by Sponsor in any manner related to the promotion or advertising of the Sweepstakes without additional approval, authorization or any compensation. 

 

Collection and use of information collected in connection with the Sweepstakes will be in accordance with the Sweepstakes Sponsor’s Privacy Policy as posted at https://www.flooranddecor.com/policies/privacy-policy.html

 

Additional Submission Requirements:  Sponsor reserves the right in its sole discretion, to disqualify any submission for any reason that it considers to not be appropriate for the Sweepstakes.  Submission restrictions consist of the following requirements: 

·         not use any name, likeness, photograph/image, or any other identifying element, in whole or in part, of any person, living or dead, without permission;

·         not be subject to any third party agreement or require payment or incurrence of any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or rights therein or portions, or modified versions or derivative works thereof;

·         except as relates to the sponsoring brands or approved partners, not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, works of art, or images published on any media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e., “droit morale”), or any other intellectual property rights);

·         not feature, refer to, or mention any companies or brands in competition with Sponsor;

·         not be considered harmful to minors in any way;

·         not contain description or images of nudity, inappropriate, indecent, sexually explicit, pornographic, or obscene content, names or images (which shall be determined by Sponsor, in its sole and absolute discretion);

·         not contain any political or politically themed or motivated messages, statements, or images;

·         not defame, slander, libel, misrepresent, or contain disparaging remarks or any other content that could adversely affect the name, reputation, or goodwill/business reputation of Sponsor or any other individuals and/or entities affiliated or associated with Sponsor, the Sweepstakes , or any prizes, the determination of which shall remain in the sole discretion of Sponsor;

·         not depict, describe or include images that may be considered unlawful, harmful, threatening, violent, abusive, harassing, tortious, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner as solely determined by Sponsor;

·         to the extent submitted through Instagram, not adhere to the Instagram Terms of Use (http://instagram.com/about/legal/terms), as applicable.

 

Representation and Release of Rights to Submissions:  By submitting any entry, each contestant represents that s/he has sole and exclusive ownership and proprietary rights of the submission (and for any Instagram photo or other submission has full permission of all parties within photo or referenced in the submission to publish and release their names, images and actions shown within the photo/submission, as the case may be); and agrees that each submission becomes the sole and exclusive property of Sponsor, and Sponsor may (but is in no way obligated to) publish, display, promote, or utilize submission in any manner of its choosing in relation to the promotion or advertising of the Sweepstakes or Sponsor.  Entry into the Sweepstakes and upload of any submission, constitutes permission for the Sponsor and its designees to use that contestant’s submission, entrant’s name, city and state of residence and/or likeness for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or compensation, notification or permission, unless prohibited by law.  Receipt of submissions will not be acknowledged by Sponsor.

 

Sponsor reserves the right to request from any entrant at any time proof, in a form acceptable to Sponsor, of any permission required or possibly required to use such entrant’s submission and entry.  Failure to provide such proof, if requested, may disqualify such submission and entry from the Sweepstakes. 

 

Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper with or abuse the entry process in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor in their sole discretion.  Any questions regarding the number of entries submitted or the authorized account holder shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Winner Selection and Notification:  At the conclusion of the Registration Period, a random drawing shall be conducted by the Sweepstakes Administrator from among all eligible entries received to select a total of (1) potential grand prize winner (the “Potential Winner”). 

 

The Potential Winner will be notified initially by direct message to the Potential Winner’s Instagram account beginning on or about 12/5/2018. Sponsor and Sweepstakes Administrator each expressly disclaim any and all liability in conjunction with inability to contact Potential Winner due to the configuration of his/her Instagram privacy settings. With regard to Instagram, you are advised to “follow” the official Floor and Decor account on Instagram (@flooranddecor) so that Sponsor/Sweepstakes Administrator will be able to contact you if your submission is a Potential Winner.

 

If the Sweepstakes Administrator is unsuccessful in its attempt to reach and speak directly with a Potential Winner by phone within 48-hours of the initial notification attempt to the Instagram account associated with that contestant’s entry, then that contestant may be disqualified and an alternate Potential Winner may be selected from among the remaining eligible entries via judging as set forth above and notified as per the procedures outlined above Note: phone messages will not be left during the prize winner notification process, to the extent applicable.

 

During prize winner notification, the selected Potential Winner must confirm their eligibility, and indicate their willingness and ability to accept the designated prize award.  The Potential Winner will then receive official notification via email delivery.  If any selected winner does not meet the eligibility requirements, or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion, an alternate winner will be selected from among all remaining eligible entries via judging as set forth above and notified as per the procedures outlined above.  Any disqualified contestant will not receive any alternate prize substitution or compensation of any kind.  Decisions of the Sweepstakes Administrator in the selection and determination of prize winners and all matters relating to this Sweepstakes are final and binding.

 

All of the following will apply to the prize winner: 1) Winner will be required to complete and return, within 5 business -days of date of receipt, a prize acceptance form, a W-9 form (if prize value equals/exceeds $600), an affidavit of eligibility, and a liability/publicity release (where permitted); 2) Winner may be required to present a copy of a valid social security card and a valid driver’s license (or other valid government issued photo ID) as a condition of participating or receiving any prize;  3) Winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won, if prize award value equals/exceeds $600; and 4) Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on prize award.  Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize.  If forfeited for any reason, winner will not receive any other prize substitution or compensation of any kind, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. 

 

Grand Prize – one (1) grand prize award available:  The Grand Prize winner shall receive one (1) $2,500 Floor and Decor gift card, subject to the terms and conditions of the Floor and Decor gift card policy (gift card may include an expiration date, where allowed by law).  Sponsor reserves the right, in its sole discretion, to award multiple gift cards in varying denominations to satisfy the total amount to be awarded.

 

All prizes requiring delivery (“Shipped Prize(s)”) will be shipped to each Entrant who is a confirmed winner at the address listed from their prize acceptance form.  All Shipped Prizes will be delivered by U.S. Postal Service or common carrier of Administrators choosing, and Shipped Prizes will be deemed delivered to the winner once a Shipped Prize is delivered by Administrator to the U.S. Postal Service or other common carrier of Administrator’s choosing.  Sponsor and Sweepstakes Administrator will not be responsible or liable for a late, delayed, lost, stolen, undeliverable or damaged Shipped Prizes once delivered to the U.S. Postal Service or other common carrier, for any loss or damages relating to delivery, use, or misuse of a Shipped Prize, or for any Entrant who incorrectly recorded their actual address on the prize acceptance form.  Please allow 4-6 weeks for delivery of Shipped Prizes.

 

General Prize Conditions: Prize must be accepted as awarded.  All other costs and expenses related to prize acceptance, delivery, redemption or use not specified herein as being provided are the sole responsibility of winner.  All income, federal, state and local taxes are the winner’s sole responsibility.  All prize awards are non-transferable and no cash redemption or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein.  Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion.  All prizes are awarded as is, without any warranty, express or implied, by Sponsor except to the extent that Sponsor provides any express warranty on its restaurant services obtained via use of gift card (and, in such case, the warranty shall be strictly limited to its terms.).  Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize.  If forfeited for any reason, participant will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein.  All properly claimed prizes will be awarded.  Any unclaimed prizes will not be awarded. Prize may not be awarded if an insufficient number of eligible entries are received.

 

Additional Rules & Restrictions:  By participating in this Sweepstakes, entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding in all matters relating to this Sweepstakes.  In the event an entrant wins the prize, and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after he/she has used the prize. Participation in Sweepstakes constitutes permission for the Sponsor and its designees to use each entrant’s name, city and state of residence and likeness for purposes of advertising and trade in any and all media now or hereafter devised, worldwide in perpetuity, without limitation or further compensation, notification or permission, unless prohibited by law.  False, fraudulent or deceptive entries or acts shall render entrants ineligible for the prize and all associated entries will be void.

 

By participating, entrants agree to release and hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of the prize (including any injury or harm resulting from use of the vehicle), or participation in prize-related activities and to assume all liability therefor.  Released Parties shall not be responsible for mechanical, technical, printing, typographical, human, or other errors or problems relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials.  If for any reason this Sweepstakes (or any portion thereof) is not capable of running as planned due to tampering, unauthorized intervention, fraud, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes (or any portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof). If terminated, Sponsor reserves the right, at its discretion, to select the potential winner from among all non-suspect eligible entries received up to time of such action.  Sponsor also reserves the right to disqualify any individual who tampers with the entry process, who disrupts the administration or proper play of this Sweepstakes, intends to annoy, abuse, threaten or harass any other entrant or Sponsor or Sweepstakes representative or who is otherwise in violation of these Official Rules and void all associated entries. Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause. 

 

IN CASE OF DISPUTES:  By participating, each participant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Georgia; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, and in no event will participant be entitled to receive attorneys' fees or other legal costs; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Georgia; without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia; or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Georgia.

 

Official Rules & Winners List:  For a copy of these Official Rules or the name of prize winner, send a self-addressed stamped envelope to be received by 1/30/2019 to: Get Floored Giveaway - Philadelphia, Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting: Official Rules or Winners List. 

 

Sponsor:  The Sweepstakes is Sponsored by Floor & Decor, 2233 Lake Park Drive, Suite 400, Smyrna, GA 30080

 

Sweepstakes Administrator:  The Sweepstakes is administered by Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095.

 

This Sweepstakes is not affiliated with or sponsored, sanctioned, or endorsed by or in any way in association with Instagram. Instagram has no liability or responsibility for any claim arising in connection with this Sweepstakes or any prizes awarded in connection therewith.