1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. FOR PERSONS WHO ENTER THE GIVEAWAY, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD. ENTRANTS MAY ONLY ENTER THE GIVEAWAY ONCE.
2. Prize(s): One (1) entrant will be selected to win a Napoleon 42-inch PurView Series Linear Wall-Mount electric fireplace.
3.Timing/Giveaway Period: The Giveaway begins on Monday, October 26th, 2020, and ends on Friday, November 20th, 2020.
4. Eligibility: The Giveaway is open only to legal residents of the fifty (50) United States (and the District of Columbia) 18 years or older. Void where prohibited. Employees of Sponsor(s), their respective parents, subsidiaries, and agents are not eligible. By participating, entrants agree to abide by these Official Rules and the decisions of Sponsor(s), which are final and binding in all respects. All federal, state, and local laws apply. Void in Alaska, Hawaii and where prohibited by law.
5. How to Enter: Visit the Fireplaces Direct https://www.fireplacesdirect.com/fireplace_giveaway web page. Locate the information for this sweepstakes and follow all instructions. All entries must be received between the ("Giveaway/Period" stated above in #3.)
6. Selection of Potential Winner: Fireplaces Direct will select the winners from among all eligible entries received. The potential winner must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. In the event of a dispute over the identity of an online entrant, the entry will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor(s) is not responsible for lost, late, damaged, or misdirected Entries. All Entries and requests become the property of Sponsor(s) and will not be acknowledged or returned.
7. Prizes: Winner will be selected to receive prize stated in #2. Arrangements for the fulfillment of the prize will be made by FireplacesDirect.com. All federal, "state, and local taxes" or other expenses relating to the use, "acceptance and possession of prize" are the sole responsibility of the winner. No monetary value can be given in exchange for this prize. The prize cannot be transferred. No substitution, "assignment or transfer of prize" permitted, except as determined at the sole discretion of Sponsor(s), who reserve the right to substitute the prize with another prize of greater or equal value. The winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use. The odds of winning depend on the number of entries received. The winner will be determined in a random selection from all eligible entries received. The winner will be notified by phone or email on or before December 11, 2020.
****If a winner does NOT claim the prize(s) within three (3) days, or if said e-mail and/or mail is returned as undeliverable, or if an entrant is otherwise found to be ineligible, or if the selected winner cannot accept or receive the prize for any reason, the winner will forfeit all rights to the prize and an alternate winner will be selected.***
8. Publicity: Except where prohibited, participation in the Giveaway constitutes winner's consent to Sponsor(s)’s use of winner's name, likeness, voice, opinions, "hometown and state" for promotional purposes in any media without further payment or consideration. The Sponsor(s) reserves the right to modify the notification procedures in connection with the selection of an alternate winner if any. Entry and acceptance of prize constitute permission (except where prohibited by law) to use the winner's "name, prize won hometown and likeness" for online posting and promotional purposes without further compensation.
9. General Conditions: Sponsor(s) reserves the right, in its sole discretion, to "cancel, modify or suspend" the Contest should virus, bugs, unauthorized human intervention, "technical failures or any other factor" beyond Sponsor(s)'s reasonable control corrupt the administration, security, fairness, "integrity or proper operation" of the Contest. In such an event, Sponsor(s) reserves the right to award the prizes at random from among the eligible entries received up to the time of impairment. Sponsor(s) reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor(s)'s website or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor(s) reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor(s)'s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. RELEASE: BY RECEIPT OF ANY PRIZE, WINNER AGREES THAT Sponsor(s), ITS RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES, AND THE AGENTS, EMPLOYEES, DIRECTORS, AND OFFICERS OF THESE COMPANIES, ARE NOT LIABLE WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE OR FROM WINNER'S PARTICIPATION IN THE CONTEST. Entrants agree to these Official Rules and the decisions of the Sponsor(s) and Judges, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless Sponsor(s), any entity involved in the fulfillment of the prize or the administration of the Giveaway, and their respective employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of prize, including property damage, personal injury or death. Sponsor(s) is not responsible for any typographical or other error in the printing of the offer administration of the Giveaway or in the announcement of the prize or for any suspension of the Giveaway or inability to implement the Giveaway or award the prize as contemplated herein due to any event beyond its control, including delays or interruptions caused by acts of God, acts of war, natural disasters, weather, utility outages, acts of terrorism or any federal, state, or local government law, order, or regulation, the order of any court or regulator. This Giveaway shall be governed by and interpreted under the laws of the state of Iowa, USA without regard to its conflicts of laws provisions. Any and all disputes claims, and causes of action arising out of or in connection with this Giveaway, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS GIVEAWAY. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
11. Limitations of liability: Sponsor(s) is not responsible for: (1) incorrect or inaccurate description of entry information or late, lost, stolen, illegible, incomplete, misdirected or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone computer, network, hardware, or software; (3) the unavailability or inaccessibility of any website or service; (4) unauthorized human intervention in any part of the entry process or the Giveaway; (5) electronic or human error which may occur in the administration of the Contest or the processing of entries; (6) late, lost, undeliverable, damaged, or stolen mail, or (7) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part,from entrant's participation in the Giveaway or from downloading any material from Sponsor(s)'s website(s), regardless of whether the material was prepared by Sponsor(s) or a third party, and regardless of whether the material is connected to Sponsor(s)'s website by a hypertext link. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Giveaway, provided that, if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor(s), in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor(s) reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Iowa, the appropriate Iowa State Court located in Cedar Rapids, Iowa (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Sponsor(s) in connection with the Giveaway shall be governed by, and construed in accordance with, the laws of the State of Iowa, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Iowa or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Iowa.
13. Data Collection: Sponsor(s) collects personal information from you when you enter the Contest. The information collected is subject to FireplacesDirect.com. By making or agreeing to a Submission, you promise the following:
that you are 18 years or older; that if children are depicted in the Submission, you are the parent/guardian with legal responsibility of any minors depicted in the Submission;
that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use their names, images or likenesses, and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission does not infringe or violate the rights of any third parties, including, but not limited to, intellectual property rights, copyrights, trademarks, rights of publicity/privacy, patent, trade secret, or confidentiality obligations. You acknowledge that Fireplaces Direct is not responsible for, and has no liability for, any use of all or any part of a Submission. Fireplaces Direct reserves the right, at its sole discretion, to edit any Submission and to choose to include, not include, or remove such Submission from its Website or in any other materials where the Submission may appear.
15. By entering this Sweepstakes, you are opting in for recurring marketing and communication by email and direct mail, from FireplacesDirect.com and any partners in this Sweepstakes.
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