HOUSE OF MARKOR DESIGNER PROGRAM CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- SPONSOR: Rowe Fine Furniture, Inc., 2121 Gardner St, Elliston, VA 24087.
- ELIGIBILITY: The House of Markor Designer Program Contest (“Contest”) is open to legal residents of the Continental United States and the District of Columbia (“Territory”), who are 18 years of age or older as of date of entry. Employees, officers and directors of Sponsor, and Sponsor’s parent, affiliates, subsidiaries, and advertising, contest, fulfillment and marketing agencies, their immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest. By participating, you agree to these Contest Official Rules (“Official Rules”) and decisions of the Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All applicable federal, state and local laws and regulations apply.
- HOW TO ENTER: We want to see you cozying up on our awesome new Madeline™ Sofa. The Contest period begins on January 9, 2020 at 12:00:00 AM Eastern Time (“ET”) and ends 11:59:59 PM ET on March 1, 2020 (the “Contest Period”). The computer clock of the Sponsor is the official time-keeping device in the Contest.
You may enter this Contest by (1) following Sponsor on Instagram @rowefinefurniture, (2) snapping a picture of yourself with our Madeline™ Sofa at any participating retailer, and (3) posting your picture to your Instagram feed or Instagram Stories with the official Contest House of Markor Designer Program in the caption and tagging @rowefinefurniture and the participating retailer (collectively, a “Posting”). Each Posting which features the photo content described above, includes the official Contest hashtag in the caption and tags @rowefinefurniture and the participating retailer, and is made during the Contest Period shall constitute an “Entry” into the Contest. Any Entries submitted after the close of the Contest Period will be disqualified. Minors must have permission from a parent or legal guardian in order to appear in the Posting. The Grand Prize is a Madeline™ Sofa. The approximate retail value (“ARV”) of the Grand Prize is $2,499.00. If the actual value of the Grand Prize is less than the stated ARV, the difference will not be awarded. Three (3) Grand Prizes will be awarded. The total ARV of all prizes in this Contest is $7,497.00. One (1) Grand Prize Winner will be announced on each of the following dates: 02/17/2020, 02/24/20 and 3/2/2020. All Entries will be judged based on the following criteria, in the sole discretion of the judges: (i) Popularity; (ii) Creativity; (iii) Spontaneity of the moment; and (iv) Visual appeal of the photograph.
Limit of one (1) entry per person during the Entry Period, regardless of the number of Instagram accounts a person may have. Multiple entries in excess of this limitation may result in disqualification of all Entries by such person. Sponsor, in its sole discretion, may disqualify any Entry that is deemed inappropriate, illegal or offensive, or otherwise not considered to be a valid Entry, and Entrant will not be eligible to win the Grand Prize. An Entrant must follow @rowefinefurniture and have a non-private Instagram account to enter the Contest and maintain such non-private account for at least sixty (60) days after the Contest Period ends to be eligible to be named a Grand Prize Winner and to claim a prize.
All Entries are subject to all of the provisions of these Official Rules and Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entries that do not comply with these Official Rules. By submitting an Entry, Entrant hereby agrees to these Official Rules and grants permission for the Entry, including the Entrant’s Instagram account name, to be posted on the Sponsor’s Websites or other websites for public view. All Entries are subject to verification of compliance with these Official Rules as determined by Sponsor. Limit one (1) Grand Prize per person/household.
The Entry must be the Entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material). The Entrant must provide upon request all appropriate clearances, permissions and releases for the Entry. The Entry must not include images that are obscene, pornographic, libelous, unlawful or otherwise objectionable. Any Entry that, in Sponsor’s good faith judgment, violates the submission requirements will be disqualified. All Entries must be received by the end of the Contest Period.
All Entrants are subject to review of eligibility and confirmation of their compliance with these Official Rules. Decisions of the judges are final and binding. In the event of a dispute as to any Entry or as to the identity of an Entrant, the Grand Prize winner will be declared made by the authorized account holder (determined at the time the Entry is submitted) of the e-mail address associated with the Instagram account used to make the Entry. The “authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address associated with the Instagram account used to make the Entry. Each Entrant may be required to show proof of being an authorized account holder. Sponsor reserves the right to disqualify any Entrant and/or Entry in its sole and absolute discretion.
- SPONSOR’S INTELLECTUAL PROPERTY (“IP”) AND GENERAL ENTRY TERMS: Sponsor grants Entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, products, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Entrants recognize that all rights, title, and interest in Sponsor’s IP shall remain exclusively with the Sponsor, and Entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No right, title or interest in and to the Sponsor’s IP except for the limited license granted to Entrant in these Official Rules is transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making an Entry in this Contest, and that any use of Sponsor’s IP (whether in the Entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
Each Entrant retains ownership of his/her Entry. Each Entrant hereby grants to Sponsor and its affiliated companies and designated agents a non-exclusive, transferable, perpetual, worldwide, irrevocable, royalty free, unconditional, fully paid license and right (a) to post and to make, have made, use, copy, reproduce, modify, and create derivative works of the Entry and any materials provided by the Entrant with the Entrant’s Entry or otherwise through the Contest (“Entrant Materials”), (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly), or license the Entry and Entrant Materials (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally, each Entrant consents to the use of the name, Instagram account name, statements, photographs, videos, voice recordings and likenesses of himself/herself and any other person appearing in the Entry and Entrant Materials for publicity purposes, as well as any other purpose associated with the Contest. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry and Entrant Materials.
- NOTIFICATIONS TO GRAND PRIZE WINNERS AND CONDITIONS AND REQUIREMENTS TO CLAIM PRIZES: If you are a Grand Prize winner, Sponsor will notify you by Instagram direct message. Each Grand Prize winner must respond to such notification within seven (7) calendar days from the date notification is sent, and must return any documentation sent by Sponsor for completion by the Grand Prize winner within fourteen (14) days from the date it is postmarked by Sponsor or an alternative Grand Prize winner may be selected. All decisions are final in all matters relating to this Contest. Odds of winning are dependent upon the number of entries received. All costs and expenses not specifically included herein are solely the Grand Prize winner’s responsibility as are all federal, state and local taxes.
Prize Conditions: Sponsor and its parent, related, affiliated, and subsidiary companies and their respective officers, directors agents, employees and assigns, shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to a prize and/or the receipt, use and/or enjoyment of a prize and/or the Contest. All benefits and payments are personal to each winner and are not redeemable for cash and are neither assignable nor transferable.
Each Grand Prize winner is responsible for paying all taxes. The award of a prize is subject to applicable withholding requirements. The Grand Prize winners will receive an IRS Form 1099 reflecting the actual final retail value of their prizes. Any portion of a prize not accepted or used by a winner will be forfeited, and Sponsor shall not be responsible for any inability of a winner to accept or use any portion of the prize for any reason. No substitution or transfer of a prize is allowed except with Sponsor’s permission or where required by law. If for any reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value. Award of a prize is subject to verification of eligibility and compliance with these Official Rules.
- INTERNET/LIMITATIONS OF LIABILITY: Sponsor and its parent, related, affiliated and subsidiary companies, their advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Contest, and all of their respective successors, assigns, directors, officers, employees, agents and independent contractors, Instagram, (individually and collectively, “Releasees”) are not responsible for technical malfunctions of any kind, including but not limited to interrupted or unavailable network server or other connections; miscommunications; failed, partial, or garbled telephone or computer transmissions; jumbled, scrambled or misdirected Entries or transmissions; phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person’s computer or wireless device related to participating in the Contest. Additionally, Releasees are not responsible for illegible, unintelligible, late, lost or stolen Entries; incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest; or for any technical or human errors which may occur in the processing of any Entries in the Contest. Any person attempting to enter using multiple identities or any other device or artifice to enter multiple times or to interfere with the proper administration of the Contest will be disqualified from participation in the Contest. Additionally, any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same. Sponsor reserves the right to disqualify any individual found or suspected, in its sole opinion, to be tampering with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting with the intent to disrupt the normal operation of the Contest. If, in the judgment of Sponsor, the Contest is compromised by viruses, bugs, non-authorized human intervention or other causes that corrupt or inhibit, or may corrupt or inhibit the administration, security, fairness or intended proper play of the Contest, so that it cannot be conducted as originally planned or intended, Sponsor has the right, in its sole discretion, to modify the Official Rules or to cancel, modify, terminate or suspend the Contest (except where prohibited by law); and in such event, to select the winners by such method as Sponsor in its sole discretion shall consider equitable. RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT OF A PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, CHECK YOUR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU.
- GOVERNING LAW: The terms of this Contest shall be governed by, construed under, interpreted and enforced in accordance with the laws of the Commonwealth of Virginia. Any dispute or claim arising out of or in connection with this Contest or these Official Rules shall be submitted exclusively to the federal or state courts located in Roanoke, Virginia for trial and determination by the court sitting without a jury. All Entrants consent to the jurisdiction of such courts and to the service of process outside the Commonwealth of Virginia pursuant to the requirements of such court in any matter submitted to it, and they expressly waive the right to a jury trial. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- RELEASE: By participating, each Entrant releases and agrees to indemnify and hold harmless Releasees from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest or Contest-related activity, or the receipt, use, or misuse of a prize.
- GENERAL TERMS & AGREEMENT TO OFFICIAL RULES: By entering the Contest, Entrants agree to abide by these Official Rules. In no event will more prizes be awarded than are stated in these Official Rules. The Contest is subject to all applicable federal, state, and local laws.
- WINNERS LIST: To obtain the Grand Prize winners’ names, send a properly stamped self-addressed envelope, to be received by May 1, 2020, to: House of Markor Designer Program Contest, Rowe Fine Furniture, Inc., 2121 Gardner St, Elliston, VA 24087.