Memorial Day Giveaway
Rules and Regulations
THIS SWEEPSTAKE IS INTENDED FOR RESIDENTS OF THE UNITED STATES ONLY. THIS SWEEPSTAKE WILL BE INTERPRETED IN ACCORDANCE WITH OHIO LAW.
- SWEEPSTAKE PERIOD: The Memorial Day Giveaway ("Sweepstake”) begins on Sunday, May 30, 2021 at 10 am EDT and ends on Sunday, June 6, 2021 at 6 pm EDT ("Sweepstake Period").
- SPONSOR: Surplus Furniture and Mattress Warehouse LLC d/b/a Surplus Furniture and Mattress Warehouse & Mattress is the sponsor of the Sweepstake (“Sponsor”). This Contest is not sponsored, endorsed or administered by, or associated with Facebook®. Furthermore, each entrant completely releases Facebook® from any liability or obligation with respect to this Contest.
- ELIGIBILITY: The Sweepstake is open to residents of the United States who have reached the legal age of 18 by the end of the Sweepstake Period, except for directors, officers and employees (and persons with whom they are domiciled, whether related or not) of the Sponsor and its affiliates. By participating in the Sweepstake, each entrant agrees to be bound by these Rules and Regulations (“Rules”) and the interpretation of these Rules by the Sponsor. These Rules can be found on the Sponsor’s website at www.surplusfurniture.com/memorial-day-giveaway (“Website”). For a hard copy of these Rules, please send a self-addressed, stamped envelope to: Surplus Furniture and Mattress Warehouse, 501 Morrison Rd, Ste 100, Gahanna, OH 43230.
- HOW TO ENTER: NO PURCHASE NECESSARY. There are two ways to enter the Sweepstake ("Entry”) during the Sweepstake Period, which are:
- Visit our Surplus Furniture and Mattress Warehouse official Facebook Page during the Sweepstake Period and share the giveaway post with your friends and family.
- Visit our Surplus Furniture and Mattress Warehouse official Facebook Page during the Sweepstake Period and post a comment on the giveaway post.
To be eligible, your share and comment must be submitted and received in accordance with these Rules during the Sweepstake Period. All eligible Entries submitted and received in accordance with these Rules during the Sweepstake Period will be entered into the random prize drawing.
Entrant acknowledges that he or she is providing information to the Sponsor through its Facebook page and not to Facebook®.
- ENTRY LIMIT: There is a limit of one Entry per person during the Sweepstake Period. If it is discovered by the Sponsor, using any evidence or other information made available to or otherwise discovered by the Sponsor, that any person has attempted to (a) submit more than one Entry; (b) use multiple names, identities, email addresses; and/or (c) use any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Sweepstake, then such person may be disqualified from the Sweepstake in the sole and absolute discretion of the Sponsor. Your Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules during the Sweepstake Period. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries, all of which are void.
- VERIFICATION OF ENTRY: All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility, in a form acceptable to the Sponsor, including without limitation, government issued photo identification for (a) the purposes of verifying a person's eligibility to participate in this Sweepstake; (b) the purposes of verifying the eligibility and/or legitimacy of any Entry entered, or purportedly entered, for the purposes of this Sweepstake; and/or (c) any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Sweepstake in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.
- THE PRIZES AND APPROXIMATE RETAIL VALUE: There will be one prize ("Prize") available to be won. The Prize is an Accent Chair with an approximate retail value of $128 (SKU 30075-012-01) . The Prize does not include delivery charges, which are the responsibility of the winner of the Prize. Under no circumstances whatsoever will any difference between the actual retail value of the Prize at the time of prize fulfillment and the approximate retail value of the Prize noted above be awarded. For the avoidance of any doubt, the Prize consists of the furniture and not the actual value of the furniture. Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (a) the Prize must be accepted as awarded and is not transferable, assignable or convertible to cash except as may be specifically permitted by the Sponsor in its sole and absolute discretion; (b) no substitutions except at the Sponsor's option; (c) the Sponsor reserves the right at any time to substitute the Prize for any reason with a prize of equal or greater value, including, without limitation, but solely at the Sponsor's sole discretion, a cash award; (d) color and other specifics of the Prize will be at the sole and absolute discretion of the Sponsor and subject to availability; (e) upon notification, the confirmed Prize winner will be required to personally arrange for pickup and delivery of the Prize from a local Surplus Furniture and Mattress Warehouse store location to his or her place of residence within 10 business days of being notified of winning the Prize; (f) the Prize will not be release until the confirmed Prize winner presents adequate personal identification in a form acceptable to the Sponsor, including, without limitation, government issued photo identification; (g) confirmed Prize winner is solely responsible for all expenses that are not included in the Prize description above, including, but not limited to, cost of having the Prize picked up and delivered to his or her place of residence.
- WINNER SELECTION PROCESS AND ODDS OF WINNING: After the end of the Sweepstake Period and on or around Monday, June 7, 2021 ("Draw Date") in Columbus Ohio at approximately 2:00 p.m. ET, the eligible entrant will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules during the Sweepstake Period. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Sweepstake Period.
- WINNER NOTIFICATION PROCESS: The Sponsor or its designated representative will make a minimum of three attempts to contact the selected entrant, using the information provided on the social post, within 5 business days of the Draw Date. If the selected entrant cannot be contacted within 5 business days of the Draw Date, or if there is a return of any notification as undeliverable then the selected entrant may, in the sole and absolute discretion of the Sponsor, be disqualified and, if disqualified, will forfeit all rights to the Prize. Furthermore, the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules during the Sweepstake Period, in which case the foregoing provisions of this section 9 shall apply to such newly selected entrant.
- WINNER CONFIRMATION PROCESS: BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, the selected entrant will be required to sign and return within 10 business days of notification the Sponsor's release form, which among other things (a) confirms compliance with these Rules; (b) acknowledges acceptance of the Prize, as awarded; (c) releases the Sponsor and each of its respective officers, directors, agents, representatives, successors and assigns (collectively, "Released Parties") from any and all liability in connection with this Sweepstake, his or her participation therein and/or the awarding and us or /misuse of the Prize or any portion thereof; and (d) agrees to the publication, reproduction and/or other use of his or her name, address, voice, statements about the Sweepstake and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If the selected entrant (i) fails to return the properly executed release form within the specified time; (ii) cannot accept or is unwilling to accept the Prize, as awarded, for any reason; (iii) fails to pick up the Prize within 10 business days of being notified of winning the Prize; and/or (iv) is determined to be in violation of these Rules, all as determined by the Sponsor in its sole and absolute discretion, then he or she may, in the sole and absolute discretion of the Sponsor, be disqualified and, if disqualified, will forfeit all rights to the Prize. Furthermore the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules during the Sweepstake Period, in which case the foregoing provisions of this section 10 shall apply to such newly selected entrant.
- GENERAL CONDITIONS: All Entries become the property of the Sponsor. This Sweepstake is subject to all applicable federal, state and local laws. The decisions of the Sponsor with respect to all aspects of this Sweepstake are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. ANYONE DETERMINED BY THE SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Sponsor reserves the right to withdraw, amend or suspend this Sweepstake or to amend these Rules in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Sweepstake as contemplated by these Rules. Any attempt to deliberately undermine the legitimate operation of this Sweepstake in any way, as determined by Sponsor in its sole and absolute discretion, is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Sweepstake, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative or other error of any kind or for any other reason whatsoever.
The Sponsor reserves the right, in its discretion and without prior notice, to adjust any of the dates, timeframes and/or other Sweepstake mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstake as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Sweepstake-related materials, including, but not limited to the Entry, and/or point of sale, television, print or online advertising, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
- DISPUTES: Each entrant agrees that (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstake, or the Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by US District Court for the Southern District, Eastern District, of Ohio; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstake but in no event attorneys’ fees; and (c) under no circumstances will entrants be permitted to obtain awards for and entrants hereby waive 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the right and obligations of the entrant and Sponsor in connection with the Sweepstake, shall be governed by, and construed in accordance with, the laws of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws or any jurisdiction other than the State of Ohio.
- WINNER’S LIST: For the name of the winner, please send a self-addressed, stamped envelope to: Surplus Furniture and Mattress Warehouse, 501 Morrison Rd, Ste 100, Gahanna, OH 43230. Please allow 30-60 days for processing and delivery.