| 1. |
PROMOTION PERIOD: Starting September 1, 2009 at 9:00:00 AM Central Time (CT) and ending November 30, 2009 at 11:59:59 PM CT (the "Promotion Period").
|
| 2. |
ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States or Washington, D.C., 18 years of age or older, or a legal resident of Canada (except the province of Quebec), who has reached the legal age of majority in his/her province/territory of residence, AND you must have a valid email address. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after September 1, 2009, was or is a director, officer, or employee of Shaw Industries Group, Inc. (the “Sponsor”), or its parent, subsidiaries, affiliates, franchisees, service agencies, or advertising and promotion agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion or engaged in the administration or execution of this Promotion (collectively, with the entities in 2(a), the “Promotion Entities”), and (c) persons who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories.
|
| 3. |
HOW TO ENTER & PLAY: Go to www.shawfloors.com ("Website"), read and accept these Official Rules and follow the instructions to register. Limit of one (1) registration per person/email address. If it is discovered that you have registered or attempted to register more than ONCE, or attempted to obtain more than the stated number of Instant Win Game Plays or Sweepstakes Drawing Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods, all of your entries will be declared null and void, and any prize you might have been entitled to will not be awarded. You will earn one (1) entry into the Sweepstakes drawing after successfully registering. When you return to the site after your initial registration, you will not need to register again, but you will need to log-in. You will also earn one (1) additional entry into the Sweepstakes each calendar day that you log-in to the Website during the Promotion Period. Limit one (1) additional Sweepstakes drawing entry per person/email address/per day.
Instant Win Entry: After successfully registering (or logging in, as applicable), you will be asked to select one (1) of five (5) available Instant Win Games (each an "Instant Win Game") to play (each of the five (5) Instant Win Games has different prizes available to be won – see Rule #6 for details). Instant Win prizes are randomly time seeded throughout the Promotion Period and awarded to the first person who plays on or after the time the prize is randomly seeded. The time of day when you play the Instant Win Game during the Promotion Period (as recorded by the Website server, which is the official timekeeper for this Promotion) and the number of entries received will solely determine whether or not you are a Potential Winner. Limit: one (1) Instant Win Game Play per day per person/email address throughout the Promotion Period, regardless of which of the five Instant Win Games you choose to play. A “Play Receipt” including a unique Security Identification Code (SIC), will be automatically sent to the email address you provided in the registration process. The Play Receipt and SIC will confirm the results of your game play.
|
| 4. |
TELL A FRIEND: You may also earn additional Sweepstakes entries by referring friends to the site.
U.S. residents: To refer a Friend to the Promotion, Entrant ("Referrer") must provide the Friend's valid email address and click on the button on the "Tell a Friend" page to generate a referral e-mail message that will be sent to the Friend at the email address provided by Referrer (“E-Mail”).
Canadian Residents: To tell a friend about the promotion, Referrer must click the button on the "Tell a Friend" page to email an invitation E-Mail to themselves. They would need to send themselves one invitation E-Mail per friend they would like to refer. This E-Mail can then be forwarded directly from their email account to their friends.
For each unique friend referred who registers, Referrer will receive one (1) additional entry into the Sweepstakes Draw. (In order for Referrers to receive an additional sweepstakes entry, their friends must click on the link provided in the E-Mail and complete a registration on the Site. Please note that if friend types the URL into the address bar of their browser instead of clicking on the link provided in the E-Mail, or if they do not register for the Promotion, you will not receive an additional Sweepstakes entry.) Entrant can refer up to five (5) Friends each day, with a maximum of twenty five (25) referrals throughout the Promotion Period. Friends may not be members of Entrant’s household, as defined above. Entrant may refer each Friend only one (1) time during the Promotion Period. Once an Entrant is verified as the Grand Prize Winner, the earliest Referrer of such Entrant (if any) will receive an identical Grand Prize ("Referrer Prize" – see rule #6.ii.a below) (subject to Promotion eligibility) (if no Entrant referred the Grand Prize Winner, no Referrer Prize will be awarded).
|
| 5. |
RANDOM SWEEPSTAKES DRAW: On or about December 10, 2009, at approximately 2:00:00 PM CT, an independent judging organization (the “Promotion Judges”) will randomly draw one (1) entry (the “Potential Grand Prize Winner” and, if verified, “Grand Prize Winner”) from among all eligible Sweepstakes Drawing entries received during the Promotion Period. The odds of winning a Sweepstakes Prize depend on the total number of eligible Sweepstakes Drawing entries received. The random draw will be held in Winnipeg, Manitoba. The Potential Winner will be eligible to win the Sweepstakes Grand Prize, subject to verification of eligibility under these Official Rules.
|
| 6. |
PRIZES: At the outset of the Promotion, the prizes available to be won are:
6.i. (6,000) Instant Win Game Prizes: each of the five (5) Instant Win Games has its own available prizes:
(1,500 total) Area Rug Themed Game:
Prizes:
- (400 available) One (1) Area Rug (approximate size: 5' x 7'; style to be chosen by each winner from available options shown onscreen) (Approximate retail value (“ARV”): USD $500.00 (CAD $535.00)) (*)
- (800 available) R2x Floor Cleaner (ARV: USD $9.95 (CAD $10.50))
- (300 available) One (1) Shaw Holiday Rug (approximate size: 2'7" x 3'10"; style to be chosen by each winner from available options shown onscreen) (ARV: USD $69.00 (CAD $74.00))
- (40,000 available): One (1) additional Sweepstakes Entry
(1,125 total) Hardwood Flooring Themed Game:
Prizes:
- (25 available) $500 Shaw Floors Gift Certificate (to purchase Hardwood Flooring) (ARV: USD $500 (CAD $535.00)
- (800 available) R2x Floor Cleaner (ARV: USD $9.95 (CAD $10.50))
- (300 available) One (1) Shaw Holiday Rug (approximate size: 2'7" x 3'10"; style to be chosen by each winner from available options shown onscreen) (ARV: USD $69.00 (CAD $74.00))
- (40,000 available) One (1) additional Sweepstakes Entry
(1,125 total) Carpet Flooring Themed Game:
Prizes:
- (25 available) $500 Shaw Floors Gift Certificate (to purchase Carpet) (ARV: USD $500 (CAD $535.00)
- (800 available) R2x Floor Cleaner (ARV: USD $9.95 (CAD $10.50))
- (300 available) One (1) Shaw Holiday Rug (approximate size: 2'7" x 3'10"; style to be chosen by each winner from available options shown onscreen) (ARV: USD $69.00 (CAD $74.00))
- (40,000 available) One (1) additional Sweepstakes Entry
(1,125 total) Tile and Stone Flooring Themed Game:
Prizes:
- (25 available) $500 Shaw Floors Gift Certificate (to purchase Tile or Stone Flooring) (ARV: USD $500 (CAD $535.00)
- (800 available) R2x Floor Cleaner (ARV: USD $9.95 (CAD $10.50))
- (300 available) One (1) Shaw Holiday Rug (approximate size: 2'7" x 3'10"; style to be chosen by each winner from available options shown onscreen) (ARV: USD $69.00 (CAD $74.00))
- (40,000 available) One (1) additional Sweepstakes Entry
(1,125 total) Laminate Flooring Themed Game:
Prizes:
- (25 available) $500 Shaw Floors Gift Certificate (to purchase Laminate Flooring) (ARV: USD $500 (CAD $535.00)
- ((800 available) R2x Floor Cleaner (ARV: USD $9.95 (CAD $10.50))
- (300 available) One (1) Shaw Holiday Rug (approximate size: 2'7" x 3'10"; style to be chosen by each winner from available options shown onscreen) (ARV: USD $69.00 (CAD $74.00))
- (40,000 available) One (1) additional Sweepstakes Entry
The number of Instant Win Game Prizes available to be won decreases as prizes are played for and/or claimed throughout the Promotion Period. Odds of winning an Instant Win prize is determined by time of play and number of eligible entries received.
6.ii. (1) Sweepstakes Grand Prize: one (1) USD $5,000.00 (CAD $ 5,350.00) Shaw Floors Gift Certificate.
6.ii.a (1) Sweepstakes Referrer Prize (if applicable): one (1) $5,000 (CAD $5,350.00) Shaw Floors Gift Certificate.
Limitation of prizes: one (1) prize with an ARV of $500 (CAD $535.00), one (1) R2x Floor Cleaner, and one (1) Shaw Holiday Rug per person/household/email address for the entire Promotion Period. Winners of an Instant Win Prize will still be eligible to win the Grand Prize. There is no limit to the number of additional Sweepstakes Entries that can be won in the Instant Win Game.
Maximum total value of prizes available to be won (including Referrer Prize if awarded): USD $403,300.00 (CAD $431,461.50). Winner acknowledges that neither Promotion Entities nor their directors, employees, or agents have made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers' terms therefore, and Winners agree to look solely to such manufacturers for any such warranty and/or guarantee. All Gift Certificates expire on June 30, 2010 and are subject to the terms and restrictions as stated thereon.
Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state/provincial, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winner's responsibility. All prize details are at the Sponsor's sole discretion.
|
| 7. |
HOW TO CLAIM YOUR PRIZE: In order to be eligible to win an Instant Win Game Prize or a Sweepstakes Grand or Referrer Prize, Potential Winners who are residents of Canada must first correctly answer, without mechanical aid and assistance, a mathematical skill-testing question. All Instant Win Game prizes will be automatically mailed to the verified Winners' address as provided in the registration form, except for the R2x products (for which a promotional code will be emailed to each verified Winner for redemption in an online store). Sponsor is not responsible for any change in Entrant's mailing address, email address or telephone number. Potential Grand Prize Winner (and Referrer Prize Winner, if applicable) will be contacted by phone, mail or email with instructions on how to claim the prize. Prizes won by Entrants who are eligible but still considered minors in their state of residence must have their parent or legal guardian sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on each Winner set forth herein. If a Potential Winner is found to be ineligible, or not in compliance with these Official Rules, declines to accept a prize, if Sponsor is unable to contact a Potential Grand Prize Winner within five (5) business days, or in the event that a prize notification or if any prize is returned undeliverable, such prize will be forfeited. Sponsor reserves the right to conduct a random drawing to award the Instant Win Game prizes remaining at the end of the Promotion, if any. Potential Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification. Before being declared a Winner, Potential Grand Prize Winner (and Referrer Prize Winner, if applicable) (or parent/legal guardian where applicable), may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a W9 form (or, for Canadian residents: a Declaration and Complete Release and Waiver form) within seven (7) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize will be forfeited.
Allow 6 to 8 weeks for verification and shipment of your prize. Promotion Entities shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified Winners.
By accepting a prize, each Winner consents to the use of his/her name, address (city and state/province/territory of residence), voice, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
|
| CONDITIONS OF ENTRY: |
| 8. |
By entering, Entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Promotion Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
|
| 9. |
Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete entries or mail. Proof of transmission (screenshots or captures of game play etc.) does not constitute proof of delivery. All entries become the property of Sponsor and in no case shall be returned to sender.
|
| 10. |
The Sponsor reserves the right to disqualify any Entrant's registration in the Promotion (and void all associated entries) or entitlement to a prize if, in the sole discretion of the Sponsor, it determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
|
| 11. |
If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and he/she must comply with these Official Rules. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
|
| 12. |
As a condition of entering, Entrants (or their parents or legal guardians if eligible minors) agree: (a) to release Promotion Entities and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of any prize or any travel related thereto, (b) that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all 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 (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will Entrants be entitled to receive attorneys' fees and court costs.
|
| PROMOTION OPERATION: |
| 13. |
Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Promotion at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion. In the event of cancellation, Sponsor reserves the right to select the Sweepstakes Drawing Winner from among all eligible, non-suspect Sweepstakes Drawing entries received up to time of such cancellation.
|
| 14. |
Promotion Entities do not warrant that access to the Promotion will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Promotion, the processing of mail or entries, the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
|
| DISCLOSURES: |
| 15. |
Any attempt by an Entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and will forfeit any prize(s) won.
|
| 16. |
If a dispute arises relating to prize won, a combination of factors will be assessed in determining if you are in fact eligible to win a prize; i. the Play Receipt including the unique SIC, and its corresponding play data in the Promotion database will be reviewed to determine the legitimacy of the claim; ii. The Promotion Judges will be consulted to compare the pre-generated game data with the game play data you are presenting or have generated. Ultimately your entitlement to any prize will be determined by the results of the Promotion Judges' analysis. The review of any such dispute will not commence prior to two weeks following the Promotion end date noted herein. In the event the Promotion Judges' analysis reveals valid prize claims are greater than the number of prizes available as set forth in these Official Rules, then Sponsor reserves the right to conduct a random drawing amongst all eligible prize claimants whose claims have not yet been redeemed, to award the remaining number of advertised prizes in the prize category in question. Prizes will stop being awarded in the event Sponsor becomes aware of an error respecting the number of prizes. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question.
|
| 17. |
In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
|
| 18. |
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Georgia without regard to Georgia or any other conflicts of law principles. All Entrants consent to the jurisdiction and venue of the State of Georgia.
|
| 19. |
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
|
| 20. |
This Promotion is solely sponsored by Shaw Industries Group, Inc., 616 E. Walnut Avenue, Dalton, Georgia, 30722-2128.
|
| 21. |
For a list of the major prize winners, send a self-addressed postage stamped envelope to: “Shaw Fall Flooring Event Improve My Nest”, P.O. BOX 4032, South Bend, IN 46634-4032, to be received by November 30, 2009. Winners list will be sent after all prizes have been awarded. Canadian residents may omit return postage.
|
| 22. |
To review our privacy policy, please visit http://www.shawfloors.com/Privacy-Policy to see how we use personal information obtained in connection with this Promotion. Personal information of Canadian Entrants may be collected, used or disclosed in jurisdictions other than Canada. Personal information that resides in jurisdictions other than Canada will be subject to the general laws of application in those jurisdictions. Sponsor will not sell, share or otherwise disclose personal information of entrants with third parties or agents, other than to third parties or agents engaged by Sponsor to fulfill the above purposes or as permitted or required by the applicable laws.
|
| (*) All currency conversions based on listed exchange rate as of August 5, 2009. |
| |
|