American Leather Living Chair Challenge Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER; ONLY FOUR (4) WILL WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. FOR A COPY OF THESE OFFICIAL RULES, PRINT THEM FROM http://amlea.co/livingchair.
SWEEPSTAKES; ENTRY PERIOD. The American Leather Living Chair Challenge Sweepstakes (the “Sweepstakes”) is sponsored by American Leather Operations, LLC, 4501 Mountain Creek Parkway, Dallas, Texas, 75236 (“Sponsor”). The Sweepstakes runs November 1, 2019 through December 2, 2019 (the “Sweepstakes Period”). Sponsor’s time-keeping mechanism is the official time-keeping mechanism for this Sweepstakes.
ELIGIBILITY. Open only to residents of the continental United States (excluding Alaska and Hawaii, but including the District of Columbia) who are age 18 or older. If the age of majority is higher in winner’s state of residence, a parent or legal guardian will need to accept the prize. Void where prohibited or restricted by law. Employees of Sponsor and employees of retailers selling Sponsor’s products, and their immediate family and household members are not eligible to win. Sponsor reserves the right to disqualify any person who fails to meet the eligibility requirements or any person it determines, in its sole discretion, to be sufficiently connected with Sponsor that such person’s participation could create the appearance of impropriety. Entries generated by script, macro or other automated means are void, and Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated program or via scripts. All applicable federal, state and local laws apply.
4. WINNER SELECTION. Following the end of the Sweepstakes Period, on or about December 5, 2019 in Dallas, Texas, Sponsor will randomly draw four (4) potential winners from all eligible entries to receive the prizes. Only the four (4) announced prizes will be awarded. The number of eligible entries received during the Sweepstakes Period determines the odds of winning. If a potential winner is determined to be ineligible by Sponsor, forfeits or does not claim the prize, Sponsor may select an alternate potential winner in Sponsor’s sole discretion based on a subsequent drawing from the pool of eligible entries. Decisions of Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award more than four (4) prizes, as described in these Official Rules.
5. WINNER DOCUMENTS. By entering or accepting a prize in this Sweepstakes, each winner agrees to be bound by these Official Rules and to conform to all federal, state and local laws and regulations. As a condition to claiming the prize and being verified as the winner, a potential winner shall be required to execute and return to Sponsor within five (5) business days a signed and notarized Affidavit of Eligibility, a Liability and Publicity Release and a completed IRS Form W-9 (Request for Taxpayer Identification) or an alternate winner may be selected. Winner may be required to furnish proof of identity, address and birth date in order to be verified as the winner to receive the prize. Prior to being able to use the travel portion of the prize, a winner’s guest will be required to sign and return a Guest Release in the timeframe requested by Sponsor or the guest portion of the prize may be forfeited.
6. WINNER NOTIFICATION. The potential winners will be notified by email or by phone; Sponsor reserves the right to determine the method of notification. The potential winners must respond to Sponsor’s attempt to contact such person within twenty-four (24) hours after the date of notification. Failure to respond to the prize notification attempt within the specified twenty-four (24) hours, failure to comply with these Official Rules, and failure to timely return the winner documents described above may be considered such potential winner’s forfeiture of the opportunity to claim the prize and an alternate winner may be selected from the pool of eligible entries. If a potential winner is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Winners will be required to return the winner documents described above a condition to claiming the complete prize.
7. PRIZES. Sponsor will award four (4) travel prize packages. Each travel prize package includes: (a) airfare for winner and one (1) guest to fly to and from a location within the continental United States of their choice for up to $1,000 per airline ticket (so up to $2,000 total for both tickets), and (b) a $2,500 for use on travel expenses determined by winner awarded in the form of a prepaid Visa® gift card or check, in Sponsor’s discretion. Air travel is only permitted between commercial airports on commercial airlines and not on private air travel. Approximate Retail Value (ARV) of the prize is up to $4,500, depending on cost of airline travel booked. Tickets must be booked through Sponsor’s designated travel service not less than 14 days prior to the travel date, and the tickets, all airport or airline fees imposed, applicable taxes on the tickets, and any special fees for upgraded seating, priority boarding or additional checked bags paid for at the time of ticketing shall all reduce the $2,000 allowance for air travel. If the $2,000 is insufficient to cover the air travel requested by winner, winner will be given an opportunity to request an alternate fare within such allowance or otherwise reduce costs to come within such allowance. Sponsor will not pay for pets to travel with winner and guest. Layovers (spending the night) in one location prior to resuming travel is not permitted, provided that if the airline’s itinerary does not allow for a direct flight and requires 1-2 stops, as routed by the airline, such stops will not be considered layovers. By way of example, flying from New York to Los Angeles by way of Chicago and spending the night in Chicago is not permitted, but if the airline requires a flight change in Chicago to complete the itinerary, the flight change will be permitted. Prior to being able to use the travel portion of the prize, a winner’s guest will be required to timely sign and return a Guest Release (including the terms of Sections 8 and 9 below as if directly applicable to guest) or the guest portion of the prize will be forfeited. Winner’s guest must be a resident of the United States, 21 or older, unless winner is the parent or legal guardian of the guest in which case a minor may travel with winner. Sponsor reserves the right to verify parent or legal guardian status and age or guest. Travel must be completed on or before December 31, 2020.
Prize is not redeemable for cash. If winner and guest fail to use the full $2,000 amount allowed for airfare, the difference will not be awarded. Sponsor will not replace lost or stolen tickets, prepaid gift card or check. Winner and guest are required to comply with the requests of the designated travel service in order to complete travel arrangements, which once confirmed, may not be changed. Sponsor has no control over airports and airlines elected by winner, including flight delays, cancellations, or other matters that may impact travel. Once travel is booked, winner and guest must abide by the ticket terms and all policies of the airline carriers and airports. Additional checked baggage fees and other expenses not paid to the airline as part of the ticketing process (within the $1,000 ticket allowance) are the winner’s sole responsibility. All costs and expenses incurred in claiming or using the prize, which are not described in these Official Rules as part of the prize package, including all income and all other federal, state and local taxes (if any) applicable to the prize are the sole responsibility of the winner. Sponsor will report the prize value to the IRS as required by law. ARV reported will be determined based on air travel elected by winner. Winner is solely responsible for travel insurance or health insurance for winner and winner’s guest.
8. LIMITS ON LIABILITY. Sponsor, its retailers, and the providers of individual prize components shall not be liable for (1) failed, returned or misdirected notifications based on inaccurate contact information provided by entrants or winners, (2) entries, notifications and responses to notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical or other error of any kind, (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in part or wholly in the Sweepstakes, or (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in this Sweepstakes. Sponsor offers no warranty on prize package components. Sponsor does not make any, and hereby disclaims any and all, representations or warranties of any kind regarding any prize.
By entering, an entrant agrees to indemnify, release and hold harmless Sponsor, its retailers, and the providers of individual prize components, and each of their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, licensees and representatives (collectively, the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from their acceptance, possession and/or use of any prize (or any part thereof) or their participation in the Sweepstakes, or from any misuse or malfunction of any prize awarded (or any part thereof), regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Released Parties are not responsible or liable to any entrant or to any winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ sole control.
The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing, electronic or human errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) viruses or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (vi) any injury 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 or use or misuse of any prize; or (vii) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. These indemnification and release provisions shall survive expiration of the Sweepstakes.
Persons found tampering with, abusing, or otherwise disrupting any aspect of this Sweepstakes, or otherwise attempting to defraud Sponsor, as solely determined by Sponsor, will be disqualified and their entries will be deleted. If disqualified, Sponsor reserves the right to terminate the entrant’s eligibility to further participate in this Sweepstakes and future promotions and sweepstakes of Sponsor or any of its subsidiaries or affiliates. Any attempt by an entrant or any other individual to undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
9. PUBLICITY. Unless prohibited by applicable law, your entry constitutes your permission to Sponsor an its designees to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any further compensation or notice to such entrant.
10. ADDITIONAL TERMS. This Sweepstakes is strictly for promotional and entertainment purposes and may not be used in connection with any form of gambling. In the event this Sweepstakes is challenged by any legal or regulatory authority, Sponsor reserves the right to terminate the Sweepstakes, or to disqualify entrants residing in the affected geographic areas. In such event, the Sponsor shall have no liability to any entrants who are disqualified due to such an action. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Sweepstakes. In the event any portion of this Sweepstakes is compromised by any non-authorized human intervention, actions of entrants, or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or impair the integrity, administration, security, or operation of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to suspend, modify, abbreviate or terminate the Sweepstakes without further obligation. If Sponsor elects to abbreviate the Sweepstakes, the winner will be determined from all eligible entries received prior to the action or compromise giving rise to the suspension or termination of this Sweepstakes. In the event of cancellation, abbreviation or suspension, Sponsor shall promptly post a notice on the Sweepstakes entry page to such effect.
11. APPLICABLE LAW; DISPUTES. This Sweepstakes shall be governed by Texas law. By participating in this Sweepstakes entrants agree that 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 a federal or state court located in Dallas, Texas without resort to any form of class action, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees. 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. The failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.
12. WINNER LIST. To receive a complete list of winners or a copy of the Official Rules, send a self-addressed stamped envelope to Living Chair Challenge (Attention: Dir. Of Marketing), American Leather Operations, LLC, 4501 Mountain Creek Parkway, Dallas, Texas, 75236 by February 29, 2019. Specify winner’s list or rules on your request.