12 Days of Eames Holiday Giveaway Official Rules
December 5 through December 16, 2013
How To Enter:
Beginning November 15, 2013, you can enter for a chance to win by registering on SmartFurniture.com. Beginning on that day, all new customer orders will be automatically registered* to win. No purchase is necessary and purchasing does not increase your chances of winning. Other things that do not increase your chances of winning - but we would also like to encourage - include: delivering hot meals to the elderly, leaving a safe distance between you and the car in front of you, and going to visit your family for the holidays. Submitting a new entry each day will increase your chances of winning (and maybe, if you believe in karma, taking food to the elderly will help). You may register once - and only once - per day. (Note: this is one entry per day per household. Special note: for all of you painfully-difficult-to-deal-with contest people who try to cheat, we have sole discretion to decide what "one entry per household" means, and reserve the right to change the rules to exclude you). Registration will be open from November 15, 2013 until 11:59 A.M. (ET) on December 16, 2013. Note: calling every day to see if you have won does not increase your chances of winning.
*Only one registration per day will be included in the drawing, so if you use the form to register as well as place an order on SmartFurniture.com on the same day, only one registration will be counted. To be clear (for the lawyers and contest police), we are just registering our customers automatically because that is a nice thing to do. Folks don’t have to buy anything to register and win.
Here’s How We Will Award Prizes:
We'll read through all your submissions, and will randomly pick one winner per day during each day of the giveaway. All non-winning entries will be automatically re-entered. However, only one prize will be awarded per household for the entire contest.
Who Can Win:
You must be a legal resident living in the 48 contiguous United States. (Sorry, friends in Alaska and Hawaii, Frank hates you and does not want you to have any fun. Don't take it personally, though - Frank is just like that.) You must be 18 years old or older. You must be a human being. You cannot be in prison or dead. You cannot be a Smart Furniture employee or a relative of a Smart Furniture employee, nor any of the people described below in the "official rules" (I think we should exclude lawyers from winning too). If you do win, you agree that we may share the news of your good fortune, as well as your name and picture with the world via any forum or media we can think of, including our site, Facebook, Twitter, and other social media networks. From time to time, we may also send you promotional emails about stuff you may be interested in. Prize winners must also send us a picture of their awesome prize after they receive it because we want to share that with the world too. We would also like to have a video of a victory dance or any spontaneous cheering and jumping which occurred upon learning of your good fortune, if available.
BY LAWYERS, FOR LAWYERS
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE 12 DAYS OF EAMES HOLIDAY GIVEAWAY (the “Promotion”):
How To Enter: Beginning November 15, 2013 through December 16, 2013 at 11:59 A.M. (EST), go to the "Eames Holiday Giveaway Page" and complete and submit the entry form pursuant to the on-screen instructions.
Winner Selection: One winner will be selected each day (individually, a “Winner: and collectively, the “Winners”) will be selected from among all eligible entries received throughout the Promotion. Drawing will be conducted by Smart Furniture, Inc. (“Smart Furniture”), whose decisions are final. Odds of winning will depend upon the total number of eligible entries received.
Prize: The Winner of the Promotion will receive the prize listed on the Summer of Eames Giveaway Page. Smart Furniture will provide starting price models of the winner's choice.
Winner’s List: For Winners’ names, visit www.smartfurniture.com/eames-giveaway/calendar.html after December 16th, 2013. Incomplete, misdirected, inaccurate, lost, late, delayed, undelivered, damaged, or illegible entry forms or entries that have been tampered with will be disqualified.
ENTRIES: Limit one (1) entry per household per day from the starting date indicated above until December 16 at 11:59 A.M. (ET). Entrants can only win one of the prize packages offered. Multiple entries from the same household on the same day will be disqualified. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of Smart Furniture and will not be returned or acknowledged. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an entrant, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet Service Provider, online service provider or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
ELIGIBILITY: Entrants must be legal residents of the lower 48 continental United States and the District of Columbia who are 18 years or older at time of entry. Void in Puerto Rico and where prohibited by law. Employees, officers, directors or agents of Smart Furniture and prize providers, or their respective parents, affiliated entities and subsidiaries, participation advertising and promotion agencies (and members of their immediate family and/or those living in the same household of each such employee) are not eligible to enter or win.
CONDITIONS OF PARTICIPATION: Online entrants must have a valid e-mail address and it is each entrant’s responsibility to update Smart Furniture of any change in e-mail address. Winners are each solely responsible for any expenses not specifically included in the prize package description. The reporting and payment of all federal, state, and local taxes incurred by acceptance of the prize package (or any portion thereof) are the sole responsibility of each Winner. Each prize package is awarded “as is” with no warranty or guarantee, either expressed or implied outside of the respective manufacturers’ limited warranties. No transfer, assignment of substitution of a prize (or any portion thereof) is permitted, except Smart Furniture reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable for any reason. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Smart Furniture, which are final and binding on all matters pertaining to this Promotion. Winners may each be required to sign and return an Affidavit of Eligibility, a Liability Release, and where legally permissible a Publicity Release within seventy-two (72) hours following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Winners hereby further agree that they will sign any documents necessary to transfer copyright of the entries to Sponsor within five (5) days following the date of first attempted notification. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Acceptance of the prize constitutes permission for Smart Furniture and its agencies to use any Winner’s name and/or likeness, biographical material and/or entry (including an altered from of the entry) for advertising and promotional purposes without addition compensation, unless prohibited by law. By accepting the prize, Winners agree to hold Smart Furniture, the prize providers, their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury (including death) or damage to persons or property caused or claimed to be caused, directly or indirectly, by participation in the Promotion (including the way in which Winners are selected), the deliver, acceptance, use or misuse of any of the prizes and/or claims based on publicity rights, defamation or invasion of privacy. Smart Furniture: (i) is neither responsible for any loss (financially or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading any material from the Website, regardless of whether the material was prepared by Smart Furniture or a third party, and regardless of whether the material is connected to the Website by a hypertext link, nor (ii) assumes any liability either for the cancellation, modification or premature conclusion of the Promotion for any reason or through the acts or defaults of any company or person providing any prize. All such losses or expenses must be borne by the affected participants and/or Winners. Smart Furniture is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Promotion of in the announcement of the prizes.
INTERNET: Smart Furniture is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Smart Furniture or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Smart Furniture reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Smart Furniture reserves the right to select winners from eligible entries received as of the termination date. Smart Furniture further reserves the right to disqualify any individual who tampers with the entry process. Smart Furniture may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Smart Furniture reserves the right to seek damages from any such participant to the fullest extent of the law. If you are still reading this, you may have issues.
DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Chattanooga, TN; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Tennessee State law, without reference to Tennessee’s choice of law rules, governs the Promotion and all aspects related thereto.