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PROMOTION PERIOD: Starting October 2, 2009 at 9:00:00 AM Central Time (CT) and ending December 11, 2009 at 11:59:59 PM CT (the "Promotion Period").
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| 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 October 2, 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.
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| 3. |
HOW TO ENTER & PLAY: Go to www.shawfloors.com/disney ("Website"), read and accept these Official Rules and follow the instructions to register. Limit of one (1) registration per person. 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 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 subsequent Calendar Day that you log-in to the Website during the Promotion Period. A “Calendar Day” is hereby defined as the period from 12:00:00 AM CT on any calendar day throughout the Promotion Period until 11:59:59 PM CT on that same calendar day. Limit: one (1) additional Sweepstakes drawing entry for logging in per person/per day.
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RANDOM SWEEPSTAKES DRAW: On or about December 14, 2009, at approximately 2:00:00 PM CT, an independent judging organization (the “Promotion Judges”) will randomly draw one thousand, two hundred and sixty-six (1,266) entries (the “Potential Winners” and, if verified, “Winners”) from among all eligible Sweepstakes Drawing entries received during the Promotion Period. Prizes will be awarded in order of highest value to lowest. 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. Each Potential Winner will be eligible to win the prize for which they were drawn, subject to verification of eligibility under these Official Rules.
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SWEEPSTAKES PRIZES: The prizes available to be won are:
- Grand Prize (1 available): $10,000.00 to be awarded in the currency of the legal residence of the winner as a check.
- First Prize (5 available): each consisting of one (1) USD $500.00 Shopping Certificate to be used on Disney.com (Approximate retail value (“ARV”): USD $500.00 (CAD $533.40))
- Second Prize (10 available): each consisting of one (1) USD $250.00 Shopping Certificate to be used on Disney.com (ARV: USD $250.00 (CAD $266.70))
- Third Prize (250 available): each consisting of four (4) movie passes to be used in theaters of the following chains: AMC or The Regal Group (U.S.) or Cineplex (Canada) (ARV: USD $28.00 (CAD $29.87))
- Fourth Prize (1,000 available): each consisting of one (1) Walt Disney plush toy (ARV: USD $4.00 (CAD $4.27))
Limitation of prizes: one (1) prize per person.
Maximum total value of prizes available to be won: USD $26,000.00 (CAD $27,071.50) (*). 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 Shopping Certificates expire on Dec. 31, 2010 and are subject to the terms and restrictions as stated thereon. All movie passes expire one (1) year after date of winner notification.
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.
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HOW TO CLAIM YOUR PRIZE: In order to be eligible to win a Prize, Potential Winners who are residents of Canada must first correctly answer, without mechanical aid or assistance, a mathematical skill-testing question to be administered online. All prizes with a value of USD $500.00 (CAD $533.40) or less will be automatically mailed to the verified Winners' address as provided in the registration form. Sponsor is not responsible for any change in Entrant's mailing address, email address or telephone number. Potential Grand Prize Winner 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 any 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 (or parent/legal guardian where applicable), will 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.
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| CONDITIONS OF ENTRY: |
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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.
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Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete entries or mail. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. All entries become the property of Sponsor and in no case shall be returned to sender.
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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).
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| 10. |
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.
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| 11. |
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.
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| PROMOTION OPERATION: |
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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 Winners from among all eligible, non-suspect Sweepstakes Drawing entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes available.
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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.
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| DISCLOSURES: |
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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.
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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.
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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.
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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.
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This Promotion is solely sponsored by Shaw Industries Group, Inc., 616 E. Walnut Avenue, Dalton, Georgia, 30722-2128.
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For a list of the major prize winners, send a self-addressed postage stamped envelope to: “Tuftex Fall 2009 Sweepstakes”, P.O. BOX 25495, Woodbury, MN, 55125, to be received by December 15, 2009. Winners list will be sent after all prizes have been awarded. Canadian residents may omit return postage.
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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.
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| (*) All currency conversions based on listed exchange rate as of September 17, 2009. |
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