Cyber Week Promotion - Terms & Conditions
TERMS & CONDITIONS:
THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF 48 CONTIGUOUS US/DC (EXCLUDING HAWAII AND ALASKA), 18 YEARS OF AGE OR OLDER.
1. Eligibility: The Cyber Week Every 25th Order Free (the “Promotion”) is open to: legal residents of the forty-eight (48) contiguous United States and the District of Columbia (excluding Hawaii and Alaska), who are at least eighteen (18) years of age or older to win and claim their winning Promotion. Employees, contractors, directors, officers, and agents of HD Buttercup LP (the “Sponsor”), its parent company, affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies, and all other service agencies involved with the Promotion, and members of their family (spouse, parent, child, sibling and their respective spouses, cousins, regardless of where they reside) and household of each such individual (whether or not related) are not eligible to win.
This Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. The Winning Order constitutes the Winner’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning the Promotion is contingent upon fulfilling all requirements set forth herein. There is no separate payment or consideration required to be eligible for the Promotion, but the Winner must pay for and take possession of the Winning Order in order to receive a refund of the payment for a Winning Order.
2. Sponsor: H.D. Buttercup LP, 5880 E. Slauson Ave, Commerce, CA 90040
3. Promotion Entry Period: The Promotion begins on Monday, November 30, 2020 at 8:00 AM Pacific Time (“PT) and ends on Monday December 7, 2020 at 11:59 PM PT (the “Promotion Entry Period”). All orders must be placed and accepted by the Sponsor before the Promotion Entry Period end time/date to be valid.
4. Limit: One (1) winning order per individual during the Promotion Period which also includes any extension of the Promotion Period
5. Winner Notification: Winners will be notified within 5 business days after the winning order has been placed. The potential winner will be notified via email at the email address and/or phone number provided. Potential winner is subject to verification, and must provide a valid address. If a potential winner is found not to be eligible or not in compliance with these Official Rules, then the winner may be disqualified and the winning order may be forfeited in the Sponsor’s sole discretion.
6. Winning Order: Every 25th order during a 24-hour period based on Pacific Standard Time (PST) is free. The order counter resets to zero at midnight each calendar day during the Promotion Period. All winners are subject to verification by the Sponsor whose decision are final and binding in all matters related to the Promotion. A PARTICIPANT IS NOT A WINNER EVEN IF PARTICIPANT RECEIVES AN EMAIL MESSAGE SAYING HE OR SHE WON, UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY INCLUDING BUT NOT LIMITED TO RESIDENCY IN THE CONTIGUOUS UNITED STATES OR DISTRICT OF COLUMBIA, WINNING ORDER AND/OR IDENTITY ARE VERIFIED AND PARTICIPANT IS NOTIFIED THAT VERIFICATION IS COMPLETE. Furniture is subject to availability and Sponsor cannot guarantee that any furniture items will be in stock or available during the 60 day period. The Winning Order is capped at $10,000. Any order amount that exceeds the $10,000 amount shall be the sole responsibility for the Winner. The Winning Order excludes shipping and sales tax which will need to be paid out of pocket by the Winner. Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
The Winning Order will be a return of funds which will be issued to the Winner seven (7) business days after they have paid for and taken possession of the items from the Winning Order. If a Winner also has other online purchases during the Promotion with no cancellations for any of the orders, all items/orders must be in customer’s possession before a refund will be issued.
If a Winner also has multiple purchases online during the Promotion with cancellations, the Winner will be subject to disqualification for the Winning order.
7. Release: The winning purchaser agree: (a) to release the Sponsor, its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Promotion Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of the winning order or any item redeemed therewith; (b) under no circumstances will any winner be permitted to obtain awards for, and Winner hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (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 (if any), excluding attorneys’ fees and court costs.
8. Publicity: Except where prohibited by law, each Winner grants (and agrees to confirm this grant in writing, if requested) permission for the Sponsor and those acting under its authority to use his/her name, photograph, social media handle, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. Winner further understands and agrees that the Sponsor will announce and name the winner (by first name and/or social media handle) in a shout out to the winner via a social media story and/or post(s) on the Company’s Instagram account. Any such “shout out” shall not be deemed final determination that you are a verified winner.
9. General Conditions: The Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by the Sponsor in its sole discretion. The Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. The Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Promotion process, the website, or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Venue for Disputes; Damage Limitation to Out-of Pocket Costs; No Attorneys’ Fees; and California Choice of Law: Participant agrees that: (a) subject to the arbitration provisions in Section 11 of the Official Rules stated below, venue for any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the Los Angeles Superior Court; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. Binding Arbitration: Any controversy or claim arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE WINNER’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND WINNER IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY WINNER.
12. Governing Law & Jurisdiction: This Promotion and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of the Winners and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Los Angeles Superior Court.