Thos. Moser Handmade American Furniture
“Legacy Celebration” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
The following Sweepstakes is intended for legal residents of the 50 United States of America (USA), D.C., and Canada (excluding the province of Quebec) only and shall only be construed and evaluated according to U.S. & Canadian law. Do not enter this Sweepstakes if you are not located in the USA or Canada at the time of entry.
ELIGIBILITY: The “Legacy Celebration” Sweepstakes (the “Sweepstakes”) is open and offered only to legal residents of the 50 United States or Canada, (including the District of Columbia, excluding the province of Quebec), who have reached the age of majority in their state (or province) of residence at the time of entry. Employees of Thos. Moser and Results Marketing, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter or win. Void in Puerto Rico and where prohibited by law.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Thos. Moser, 72 Wright’s Landing Rd., Auburn, ME 04210 (the “Sponsor”) and administered by Ethos Marketing, 17 Ash St., Westbrook, ME 04092 (the “Administrator”).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Weekly Prizes and Grand Prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 p.m. Eastern Time (“ET”) on April 09, 2018 and ends at 4:30:00 p.m. ET on June 13, 2018 (“Sweepstakes Period”). The Administrator’s database computer is the official time-keeping device for the Sweepstakes. Eligible Entrants can enter the Sweepstakes during the Sweepstakes Period by visiting the Sponsor’s Landing Page https://www.thosmoser.com/giveaway/ (the “Website”). At the Website, Entrants must complete the Sweepstakes entry form requesting email address. Each properly completed Sweepstakes entry form will result in one (1) Sweepstakes entry.
All entries must be received by 4:30:00 p.m. ET on June 13, 2018. There is a maximum of one (1) entry per person per email/mailing address throughout the sweepstakes period. Sponsor reserves the right to disqualify any person or e-mail address that submits more than maximum allowed entries. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. The Sponsor is not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Weekly Prize and Grand Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, and the Administrator, their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: The Prize Winners will be selected in a random drawing from among all eligible entries except previous winners received by the Administrator whose decisions are final and binding. The first Prize drawing will be conducted on or about May 2, 2018. The Grand Prize drawing will be conducted on or about June 13, 2018. Odds of winning will depend on the total number of eligible entries received throughout the Sweepstakes Period. All prize winners will be contacted by email. If a potential prize winner cannot be contacted within 24 hours after the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining entries.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): First Prize – Maximum ARV: $1,210, consisting of one (1) Child’s Continuous Arm Chair in Cherry. Grand Prize – Maximum ARV: $3,910, consisting of one (1) Chaise Lounge Chair in Cherry with Riverside 0500 leather. Prizes are nontransferable and must be accepted as awarded. No cash or other substitution may be made, except that Sponsors may award a prize of equal or greater value in the event that a prize cannot be awarded for any reason.
If actual value of prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded. The Prize Winners must note that the value of the accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the winner for the value of the prize and the winner is solely responsible for all matters relating to the prize after it is awarded. No substitution or transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value in the event that the aforementioned prize is not available.
PRIZE CONDITIONS: The Grand Prize Winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (where legal), along with a copy of identification, and return the documents within seven (7) days of written notification. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner, if potential Winner fails to return requisite document within the specified time period, or if potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected.
Should the selected Prize Winner be a Canadian citizen, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by mail or telephone. If the selected Entrant fails to correctly answer the question he/she will be disqualified and another Entrant will be randomly selected. The potential Prize Winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided at the time of entry. If the potential winner is determined to be less than the age of majority in his/her province of residence, then the potential winner will be disqualified and an alternate winner will be selected in their place.
By accepting the Prize, where permitted by law, Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Prize Winner acknowledges that Released Parties have neither 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 the Prize.
USE OF DATA: The Sponsor will not use or share any personally identifiable information collected in ways unrelated to future newsletters, promotions, contests, and the like without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. The Sponsor will not disclose personally identifiable information absent a valid Court Order to do so.
DISPUTES: By entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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, shall be governed by, and construed in accordance with the laws of the state of Maine without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of Maine. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Prize Winners, please send a self-addressed, stamped business size envelope, by July 13, 2018, to: Ethos Marketing “Legacy Celebration” Sweepstakes Winners List Request, 17 Ash St., Westbrook, ME, 04092.