Flexsteel 130th Anniversary Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

1. ELIGIBILITY: The Flexsteel 130th Anniversary Sweepstakes ("Sweepstakes") is open to legal residents of the United States and District of Columbia, except New York and Florida, who are twenty-one (21) years of age or older at time of entry. Void in New York, Florida, and where prohibited. Persons in any of the following categories are NOT eligible to participate or win prizes in the Sweepstakes: (a) persons who on or after July 10, 2023, were or are a director, officer, employee, dealer, distributor, sales professional, or agent of Sponsor, or any parent, subsidiary, affiliate, or independent contractor of Sponsor; (b) persons who on or after July 10, 2023, were or are a director, officer, employee, distributor, sales professional, or agent of a Flexsteel Dealer, or any parent, subsidiary, affiliate, or independent contractor of a Flexsteel Dealer (c) individuals engaged in the development, production or distribution of materials for this Sweepstakes; (d) persons who are immediate family members (defined as spouse, IRS dependent, or biological or step-mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories; and (e) persons who are not eligible to lawfully participate in the Sweepstakes under applicable law. Entries will not be accepted from inmates of a correctional facility. By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
2. ENTRY PERIOD: Sweepstakes begins at 12:00:01 a.m. CST on July 10, 2023, and ends at 11:59:59 p.m. CST on August 10, 2023 ("Entry Period"). The beginning and end times of the Sweepstakes shall be determined in accordance with the time specified by Sponsor's computers.
3. HOW TO ENTER: There are three ways to enter.
   1. Entry Requirements for Instagram: During the Entry Period, take the following actions to enter:
      1. Follow @flexsteelfurniture on Instagram;
      2. Post a photo of your oldest piece of Flexsteel furniture and a legible photo of its dated product tag, include #Flexsteel130 in your caption, and tag @flexsteelfurniture in your caption or photo;
      3. Your account settings must be public when you post and remain pubic until the prizes are awarded; and
      4. You must not change your Instagram handle once you post to enter this Sweepstakes and until the Prizes are awarded (as described in Sections 4 and 6).
      5. NOTE: Instagram stories, and Instagram posts where the hashtag is included in a comment rather than the caption of the original post will not be deemed entries. In addition, Instagram stories, and Instagram posts where the @flexsteelfurniture tag is included in a comment rather than the caption or tagged on the photo of the original post will not be deemed entries.
   2. Entry Requirements for Facebook: During the Entry Period, take the following actions to enter:
      1. Like @flexsteelfurnitureinc's page on Facebook;
      2. Post a photo of your oldest piece of Flexsteel furniture and a legible photo of its dated product tag, include #Flexsteel130 in your caption, and tag @flexsteelfurnitureinc in your caption;
      3. Your post must be public when you post and must remain public until the Prizes are awarded; and
      4. You must not change your Facebook handle once you enter this Sweepstakes and until the prizes are awarded (as described in Sections 4 and 6).
   3. Enter by Mail: To enter without using Instagram or Facebook or if you don't own a piece of Flexsteel furniture, during the Entry Period, send a handwritten 3"x5" card containing your name, address, telephone number, and email address in an envelope, postage paid, to: Flexsteel 130th Anniversary Sweepstakes, 385 Bell St, Dubuque, IA 52001. To be eligible, envelopes must be postmarked during the Sweepstakes Entry Period and must be received by Sponsor within five (5) business days thereafter. Mail-in envelopes must be hand printed by the Entrant only and each request must be mailed individually. Any bulk shipments of ticket requests will not be processed or entered into the Sweepstakes.

   LIMIT: one entry per person, regardless of entry method.

   If any individual, in the sole discretion of Sponsor, is suspected of submitting entries in excess of the disclosed maximum, by any means, including but not limited to establishing multiple email accounts, they will be disqualified from participation in this Sweepstakes. The name of the person submitting the Sweepstakes entry must be the authorized account holder of the corresponding Instagram account used to enter or, the entry may be deemed void in Sponsor's sole discretion. In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized account holder of the Instagram account used to enter the Sweepstakes, and any potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the Instagram account. It is the sole responsibility of the participant to notify the Sponsor in writing if the participant changes his or her email or postal address. Proof of submission of entry does not constitute proof of delivery or entry. All entries become the property of Sponsor and will not be returned to participant. Each entry must be handwritten or manually key stroked and manually entered by the individual participant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. The use of robotic, automatic, macro, programmed, photocopied entries, or multiple entries sent in bulk mail, or like methods, including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services "on behalf of" an entrant, is strictly prohibited. Use of any automated system to participate is prohibited and will result in disqualification. No Entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities. No other forms of participation are valid. Sponsor's (or Sponsor's designee's) computer is the official timekeeping device for this Sweepstakes.

   Participants must supply truthful and accurate information in regards to the Participant's name, email address, phone number and street address when requesting an Entry. Failure to supply truthful and accurate information will disqualify a Participant's Entry. Any attempt by any Participant to obtain more than the stated number of Entries or Entries by using multiple/different mailing or email addresses, Instagram accounts, phone numbers, identities, registrations and logins, or any other methods will void all of that Participant's Entries and that Participant will be disqualified.

   The Sponsor assumes no responsibility for lost, late, or misdirected entries.

4. WINNER SELECTION:
   
   

   On or about August 16, 2023, Sponsor or Sponsor's delegate will select three winners at random from among all eligible entries received during the Entry Period. Sponsor's decisions are final and binding in all matters relating to this Sweepstakes. The potential winner will be notified on or about August 26, 2023. If a potential winner entered by posting on Instagram, winner will be notified by direct message from @Flexsteelfurniture. If a potential winner entered by posting on Facebook, winner will be notified by direct message from @FlexsteelIndustriesInc on Facebook. If a potential winner entered by mail, winner will be notified using the contact information provided at the time of entry. Winners will be asked to confirm their name, email address, home mailing address, and date of birth within three days of the date of notice. Failure by potential Prize winner to respond to the initial verification within 72 hours of notification may result in disqualification, and Sponsor may, at its discretion, select an alternate potential Prize winner from all remaining valid Entries.

5. PRIZES/ODDS OF WINNING:
   
   

   Three winners will receive an item of Flexsteel furniture, as selected by Flexsteel in its sole discretion [approximate retail value ("ARV") $3,000.00 USD; ARV of all prizes: $9,000.00 USD]. If a prize winner declines a prize or cannot accept prize as stated, the prize may be forfeited in its entirety and awarded to an alternate winner.

   No substitution, cash redemption or transfer of prize is permitted, but Sponsor reserves right to substitute any element of a prize with prize of equal or greater value if advertised prize or portion thereof becomes unavailable for any reason. All federal, state and local taxes are the sole responsibility of the winner. Odds of winning will depend on the total number of eligible entries received. Limit (1) prize per person.

6. GENERAL CONDITIONS: Participants agree (a) that the Sponsor and its parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, agents, successors and assigns (individually and collectively "Releasees") are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses, damages, costs or expenses of any kind (whether due to negligence or otherwise) to person(s), including without limitation, personal injury and/or death, or property damage resulting in whole or in part, directly or indirectly, from participant's preparation for or participation in Sweepstakes, or acceptance, possession, misuse or use of the prize and for claims based on publicity rights, defamation or invasion of privacy and merchandise delivery and (b) that Releasees have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, and THE RELEASEES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
   
   

   EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:

   "CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

   A PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY FOR A BREACH BY THE RELEASED PARTIES SHALL BE LIMITED TO $100.00. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   By accepting a prize, each winner grants permission to Sponsor and those acting under their authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation (except where legally prohibited), in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. The potential winner may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of date of notification. If documents are not returned in a timely manner, or if the prize notification or prize is returned as non-deliverable, or if the potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate winner will be selected in accordance with these Rules.

   Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified, and an alternate prize winner may be selected. Sponsor, in its sole discretion, will contact additional potential winners for each prize in accordance with the above procedure until a prize winner is confirmed. By entering the Sweepstakes, participants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor.

7. PRIVACY: The entry information will be used by Sponsor to administer the Sweepstakes and as provided is subject to the Sponsor's Privacy Policy. To read the Privacy Policy, click on the privacy link at www.flexsteel.com.
8. LIABILITY LIMITATIONS: Neither Sponsor, nor any of its affiliates or agencies are responsible for lost, late, misdirected, incomplete, illegible or non-delivered entries or email, or technical errors or difficulties, or printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of registration, entry or other information or the failure to capture, or loss of, any such or similar information. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by non-authorized human intervention, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.
9. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between participant and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Iowa including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's or jurisdiction's laws.
10. 10. DISQUALIFICATION: It is the participant's responsibility to ensure that the participant has complied in full with all of the conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. No mechanically reproduced, illegible, incomplete, forged, software generated, third party or other automated multiple entries will be accepted. Entries made by any other individual or any entity, and/or originating by any other mechanism, including but not limited to commercial Sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
11. FORCE MAJEURE: Subject to any governmental approval which may be required, Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify or suspend the Sweepstakes in any way, if it determines, in its sole discretion, that the Sweepstakes is impaired or that fraud has destroyed or severely undermined the proper entry, integrity, and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic or health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, provincial or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated, in whole or in part, before the designated end date, Sponsor may, in its sole discretion, select winners (or the remaining winners, as the case may be) from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded.
12. INVALIDITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsors.
13. ARBITRATION: By participating in this Sweepstakes, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Releasees arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Iowa law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the Participant and Sponsor shall in no event be entitled to recover punitive, incidental and/or consequential damages; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant 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 Participant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, 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, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org, or contact AAA AT 1633 Broadway, 10th Floor, New York, New York 10019; Phone 212-716-5800, Fax: 212-716-5905, OR BY EMAIL AT websitemail@adr.org.
14. OFFICIAL RULES: To receive a copy of the Official Rules, mail a self-addressed stamped envelope to Flexsteel 130th Anniversary Sweepstakes — Official Rules Request, 385 Bell St, Dubuque, IA 52001. All requests must be received by the end of the Entry Period. VT residents may omit return postage.
15. WINNERS LIST: For a copy of the Official Winners List mail a request with a self-addressed stamped envelope to Flexsteel 130th Anniversary Sweepstakes — Winners List Request, 385 Bell St, Dubuque, IA 52001. All requests must be received by January 1, 2024. Limit one request per stamped outer envelope.
16. SPONSOR: Flexsteel Industries, Inc., 385 Bell St, Dubuque, IA 52001.
    
    This Sweepstakes is in no way sponsored by Instagram or Facebook.

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