Terms & Conditions
ALL I WANT FOR CHRISTMAS IS A NEW EF MARBURGER FLOOR OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Sweepstakes begins at 10:00:01 AM Eastern Time (“ET”) on November 1, 2017 and ends at 11:59:59 PM ET on December 10, 2017 (the “Sweepstakes Period”). Void outside Indiana, and where prohibited by law. Subject to all federal, state and local laws, regulations, and ordinances. Sponsor’s computer is the official time keeping device for this Sweepstakes.
SPONSOR: This Sweepstakes is sponsored by EF Marburger Fine Flooring located at 9999 Allisonville Road, Fishers, Indiana 46038.
ELIGIBILITY: All I Want For Christmas Is A New Marburger Floor Giveaway (the “Sweepstakes”) is open only to legal U.S. residents residing (a) in the forty-eight (48) contiguous United States and the District of Columbia and (b) within fifty (50) miles driving distance from the EF Marburger Fine Flooring location, who are at least eighteen (18) years of age or the age of majority in their respective jurisdictions of permanent residence (nineteen (19) years of age in Alabama and Nebraska, twenty-one (21) years of age in Mississippi), whichever is older, as of the date of entry. Employees, officers, and directors of Sponsor, EF Marburger Fine Flooring (EF Marburger & Son Inc.), and their of their respective parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, and each of their employees, officers and directors (collectively, the “Sweepstakes Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes and which Sponsor may decide in its sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
TO ENTER: During the Sweepstakes Period, eligible persons can enter by visiting our showroom located at 9999 Allisonville Road, Fishers, Indiana, 46038, and entering their information into our sweepstakes computer or online via our website at https://www.efmarburger.com/christmasfloor/
LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Entrant must provide all required information on the entry form, including, without limitation, first and last name, email address, phone number, and home zip code to be eligible to enter. Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails in order to be eligible for entry in the Sweepstakes. Upon completion and submission of the entry form, you automatically will be entered with one (1) entry into the Sweepstakes. Automated or bulk entries or entries submitted by third parties may be disqualified. Entries must be submitted by the participant. No copies, facsimiles, or mechanical reproductions of the entry form will be accepted.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Sweepstakes.
Any attempt by any entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will disqualify that entrant’s entries and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries will be disqualified.
SELECTION OF WINNER: One (1) Prize winner will be chosen via random selection from all eligible entries received.
The potential winner will be contacted via email at the email address provided in the entry form. Winning the Prize (defined below) is contingent upon fulfilling all requirements set forth herein. If a potential winner does not respond within 72 hours after the first attempt to notify him/her that he/she has been selected to receive the Prize, that potential winner will be deemed to have forfeited the Prize, and Sponsor will select an alternate potential winner at random from all eligible entries received. The odds of winning are based on the total number of eligible entries received. Any alternate potential winner will also have 72 hours to claim the Prize, and must satisfy all eligibility requirements.
Except where legally prohibited, each potential winner may be required to complete and return within five (5) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. If a potential winner cannot be contacted in person via email after the first attempt to contact him/her or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period or in the event that a potential Winner is disqualified for any reason, the potential winner will be deemed to have forfeited the Prize, and an alternate potential winner will be selected in accordance with these Official Rules. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the Prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.
Only three (3) alternate winner drawings will be held, after which any remaining prizes will remain un-awarded.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
PRIZE: One (1) winner will receive:1 free room of carpet (from select shaw styles) up to 280 sf using Shaw Industries Group materials. The Prize must be used in a single transaction within 90 days of award.
PRIZE RESTRICTIONS: Limit one (1) Prize per person. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of Prize not specifically stated herein, including but not limited to surcharges, service charges and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent Prize substitutions at its sole discretion. Sponsor will not replace a lost or stolen Prize or components of the Prize. Prize cannot be used in conjunction with any other promotion or offer. Only the number of Prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more Prizes are claimed than the number set forth in these Official Rules, Prize winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of Prizes available.
GENERAL CONDITIONS: Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Proof of submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Entry Websites, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities and each of their respective agents are not responsible for (1) lost, late, incomplete, damaged, stolen, or misdirected entries; (2) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (3) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (5) technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT SWEEPSTAKES ENTITIES, FACEBOOK, INC., AND INSTAGRAM, INC., AND EACH OF THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE ENTRY WEBSITES AND ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES: This Sweepstakes is governed by the laws of the United States. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of Indiana or the appropriate State Court located in Indiana; (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 not to exceed fifty US Dollars (US$ 50.00), but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the Commonwealth of Indiana.
Copyright ©2017 EF Marburger Fine Flooring and other logos or trademarks listed herein are trademarks of EF Marburger Fine Flooring and/or other companies in the United States and other countries. All rights reserved.