1. Eligibility. The Walter E. Smithe Furniture Rebate Promotion (“Promotion”) is open only to legal residents of the 48 contiguous United States who are 18 years or older on the date of their participation in the Promotion. Employees, officers, directors and representatives of Walter E. Smith Furniture (“Sponsor”), Inc. and each of their respective parent companies, subsidiaries, affiliates, divisions, advertising/promotion agencies, distributors, product providers, printers utilized for the Promotion, agents and immediate family members (spouse and parents, siblings and children and their spouses) and persons living in the same households of each of the above (whether related or not) are ineligible to participate in the Promotion. Void where prohibited by law. All federal, state and local laws, rules and regulations apply. Each Walter E. Smithe store will have a supply of Furniture Rebate Scratch-off Cards. Each Furniture Rebate Scratch-off Card will offer the Promotion participant either a dollar amount to be deducted from that participant’s next purchase(s) from Walter E. Smithe Furniture if the purchase(s) is made on or before June 30, 2008. Participant must scratch-off the denoted box on the Furniture Rebate Scratch-off Card in front of a Walter E. Smithe employee.
2. How to participate. No purchase necessary to participate. The Promotion entry period commences on May 1, 2008 Central Time and ends on June 30, 2008 or while supplies last, whichever first occurs (the “Promotion Period”). The hours for each day of the Promotion Period correspond to each of the Walter E. Smithe store’s business hours. Participants may participate in the Promotion by going to any Walter E. Smithe furniture store during the Promotion Period and choosing a Furniture Rebate Scratch-off Card from those available in the store while supplies last. Limit one (1) Furniture Rebate Scratch-off Card per person/shipping address/order. Photocopies, mechanically reproduced or computer generated Furniture Rebate Scratch-off Card are ineligible and will be disqualified. Sponsor not responsible for printing errors appearing on the Furniture Rebate Scratch-off Card, within these Official Rules, in any Promotion related advertisements or other materials or other errors of any kind whether mechanical, human, electronic or otherwise. Furniture Rebate Scratch-off Cards which participants attempt to redeem after the Promotion Deadline (as defined below) or that are damaged, destroyed, tampered with, incomprehensible, forged, mutilated, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. All counterfeit Furniture Rebate Scratch-off Cards and Furniture Rebate Scratch-off Cards generated by automated or other means will be disqualified and ineligible for the Promotion. All Furniture Rebate Scratch-off Cards submitted become the property of Sponsor and will not be returned.
3. Furniture Rebate Scratch-off Values. 3,000 $50 Furniture Rebate Scratch-off Cards ($50 off the purchase price of Walter E. Smithe Furniture with a $150 minimum purchase); 19,470 $100 Furniture Rebate Scratch-off Cards ($100 off the purchase price of Walter E. Smithe Furniture with a $250 minimum purchase); 221 $250 Furniture Rebate Scratch-off Cards ($250 off the purchase price of Walter E. Smithe Furniture; no minimum purchase required); 309 $500 Furniture Rebate Scratch-off Cards ($500 in Walter E. Smithe Furniture; no minimum purchase required); 1 $10,000 Furniture Rebate Scratch-off Card ($10,000 in Walter E. Smithe furniture)
All costs and expenses not expressly provided for in these Official Rules (including, but not limited to, delivery charges) are not included and are the sole responsibility of each participant. No transfer, substitution or cash equivalent of Furniture Rebate Scratch-off Cards permitted by participants. If participant does not use entire amount on his/her Furniture Rebate Scratch-off Card prior to June 30, 2008, Sponsor will not provide participant with cash for the remaining value of the Furniture Rebate Scratch-off Card. Participants may not sell Furniture Rebate Scratch-off Cards to third parties. Each participant is solely responsible for the reporting and payment of any applicable federal, state and/or local taxes on his/her Furniture Rebate Scratch-off Card.
Furniture Rebate Scratch-off Cards must be redeemed by June 30, 2008 (“Deadline Date”). Furniture Rebate Scratch-off Cards are void after the Deadline Date and will not be recognized or fulfilled by Sponsor. Furniture Rebate Scratch-off Cards with a $50 or $100 value may be used with any cash/check discount offer or extended SmitheCard financing offer in effect during the Promotion Period. Furniture Rebate Scratch-off Cards with a $250, $500 or $10,000 value may not be used with any cash/check discount offer or extended SmitheCard financing offer. No value of Furniture Rebate Scratch-off Cards may be used with (i) orders placed at Walter E. Smithe Furniture prior to participant’s receipt of a Furniture Rebate Scratch-off Card; (ii) clearance items; (iii) special buy program items; (iv) any other Furniture Rebate Scratch-off Card or (v) postcard, certificate, coupon or other promotional offer. Furniture Rebate Scratch-off Card must be presented at time of redemption. Furniture Rebate Scratch-off Cards that are not selected by the expiration of the Promotion Period are void and will be disqualified.
4. A participant who does not meet eligibility requirements may be disqualified, in Sponsor’s sole discretion and required to forfeit participant’s Furniture Rebate Scratch-off Card, and, if the disqualification occurs before the expiration of the Promotion Period and there is sufficient time as determined in Sponsor’s sole judgment, the Furniture Rebate Scratch-off Card Package may be returned to the pool of available Furniture Rebate Scratch-off Card Packages. Participants who select a $500 or $10,000 Furniture Rebate Scratch-off Card may be asked to complete, notarize and return (as directed by Sponsor) an Affidavits/Publicity Release to Sponsor. The participant who selects the $10,000 Furniture Rebate Scratch-off Card may be required to provide his/her US Social Security Number for tax purposes as well as a valid government issued photo identification card.
5. General Conditions. By participating in this Promotion, each participant agrees to be bound by these Official Rules and to waive any ambiguity associated with them and agrees that the decisions of the Sponsor are final and binding in all respects and cannot be appealed. By participating in the Promotion, each participant agrees and acknowledges (on his/her behalf and on behalf of his/her guest, if applicable) that Sponsor and Paramount, and each of their respective parent companies, affiliates, divisions, subsidiaries and advertising/promotion agencies and each of their respective employees, officers, shareholders, directors, representatives, and agents (collectively, “Releasees”) are not responsible for and shall not be liable for: (i) lost, stolen, mutilated, incomplete, unreadable, inaccurate, garbled, altered or unintelligible Furniture Rebate Scratch-off Cards; (ii) errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion or the processing of entries; (iii) theft or destruction of Furniture Rebate Scratch-off Cards; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or part, directly or indirectly, resulting from redemption, acceptance, possession, loss or use or misuse of any Furniture Rebate Scratch-off Card or from participating in the Promotion or any Promotion-related activity (including, without limitation, any travel or activities related thereto); (v) inability to participate in the Promotion; or (vi) any printing, typographical, administrative, human or technological errors in any material associated with the Promotion. In the event more Furniture Rebate Scratch-off Cards are produced that indicated in Paragraph 3 above, or more Furniture Rebate Scratch-off Cards are redeemed that indicated in Paragraph 3 above, due to printing, human or other error or problem, only those Furniture Rebate Scratch-off Cards which are redeemed first will be fulfilled. Holders of Furniture Rebate Scratch-off Cards which exceed the number set forth in Paragraph 3 above will not be recognized or redeemed and holder of those Furniture Rebate Scratch-off Cards will have no recourse whatsoever against Sponsor or Releasees. No more than the number of Furniture Rebate Scratch-off Cards stated in these Official Rules will be redeemed by Sponsor. SPONSOR haS not made and/or IS not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the FURNITURE REBATE SCRATCH-OFF CARDS, including but not limited to their quality, merchantability, fitness for a particular purpose or suitability for use and further, accepts no responsibility for any additional expenses, omissions, delays, rerouting or acts of any government or authority.
By redeeming a Furniture Rebate Scratch-off Card, each participant agrees and acknowledges that Sponsor and Releasees and any of their designees may, without any limitation or further compensation, notice, review or approval, use his/her name, voice, biographical data, picture, likeness, any audio and/or video recording of him/her, and his/her hometown/city name in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting the Promotion or any other promotion or contest sponsored by Sponsor, or for any other promotional purpose, except where prohibited by law. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Promotion (or any portion of the Promotion) should an error or other cause or problem corrupt or inhibit the administration, security or proper operation of the Promotion. Sponsor may prohibit a participant from participating in the Promotion or redeeming a Furniture Rebate Scratch-off Card if, in its sole discretion, it determines participant is attempting to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass Sponsor’s representatives. By participating in the Promotion, each participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion or any Furniture Rebate Scratch-off Card shall be resolved individually, without resort to any form of class action exclusively in the courts located in Chicago, Illinois (without regard to choice of law or conflict of law principles); (2) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with participating in the Promotion, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any participant be permitted to obtain any award for, and each participant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The interpretation of these Official Rules shall be governed by the laws of the United States and the State of Illinois by and within the courts of that state.
Release of Liability. Each participant, by participating in the Promotion, agrees, at all times, to release, indemnify and hold harmless Sponsor and the Releasees from and against any and all liability, claims or actions of any kind whatsoever for injuries, death, disability, attorneys’ fees, costs of litigation and settlement as well as damages or losses to persons and property that may be sustained in connection with the receipt, ownership, redemption, use or misuse of a Furniture Rebate Scratch-off Card Package or while traveling to and/or from a location to obtain or redeem a Furniture Rebate Scratch-off Card.
Sponsor and all other Releasees are not liable for any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, 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 Sponsor’s control.
6. Sponsor: Walter E. Smithe Furniture, 1251 W. Thorndale Avenue, Itasca, Illinois 60143. |
