DALTILE SUBWAY TILE SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR: This Daltile Subway Tile Sweepstakes (“Sweepstakes”) is sponsored by Dal-Tile Corporation, located at 7834 C.F. Hawn Freeway, Dallas, TX 75217 (“Sponsor”). Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes.
ELIGIBILITY: This Sweepstakes is open to individual legal residents of the 50 United States and the District of Columbia who are age 18 or older at time of entry. Employees and directors of Dal-Tile Corporation and its subsidiaries, affiliates, and advertising agencies are not eligible, nor are persons involved in the execution or administration of this promotion, or the family members of each above (parents, children, siblings, spouse/domestic partners, or individuals residing in the same household). Void where prohibited or restricted by law. By entering you unconditionally agree to be bound by these rules.
HOW TO ENTER:
a. ONLINE: Login to your legally registered Instagram account; follow @daltile on Instagram; post a photo on Instagram of your installed Daltile subway tile; include the name and color of the subway tile in your post; and include hashtags #mydaltile and #sweepstakes. All elements must be included to be eligible. For doing this, you will receive one Sweepstakes entry. If an entrant participates via a mobile device, message and data rates may apply for each text message sent and/or received. Not all cellular telephone providers carry the service necessary to participate in the Sweepstakes through a mobile device. Entrants should check their mobile devices’ capabilities and wireless service pricing plans.
b. BY MAIL: To enter without purchase, title the entry “Daltile Subway Tile Sweepstakes.” Neatly hand print your full first and last name, street address (no P.O. Boxes), city, state, zip code, phone number, email address and date of birth (mm/dd/yyyy) on a plain piece of 3”x5” paper. Mail your entry in a business-size envelope (#10) with sufficient postage affixed to: Dal-Tile Corporation, Attn: Digital Marketing, 7834 C.F. Hawn Freeway, Dallas, TX 75217. Sponsor is not responsible for lost, late, illegible, incomplete, mutilated, misdirected or postage-due entries. Mailed entries must be received by the first business day before any Drawing Date to be eligible for that Drawing Date.
Entry Limit: Limit one (1) entry per person per Project for the Sweepstakes Period. Project means each instance of a unique use of Daltile subway tile in a different setting.
ENTRY PERIOD: The Sweepstakes begins at 7:00 a.m. Eastern Time (“ET”) on October 21, 2019 and ends at 12:00 p.m. ET on November 15, 2019 (“Sweepstakes Period”). The Sweepstakes Period consists of the following Drawing Dates (each a “Drawing Date”):
Non-winning entries will carry forward into subsequent Drawing Date(s). Sponsor's database clock is the official time-keeping device for the Sweepstakes. We are not responsible for excess, lost, late, or incomplete entries. If disputed, entries will be deemed submitted by the authorized account holder of the social media account.
PRIZES: Four (4) $50 gift cards to Crate and Barrel, one awarded on each Drawing Date.
PRIZE LIMIT: One (1) prize per household. All applicable taxes, fees, and other expenses are the responsibility solely of the winners. Sponsor reserves the right to substitute any prize with a prize of equal or greater value but no other substitution or transfer of a prize is permitted. ALL PRIZES ARE AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SPONSOR. Sponsor is obligated to award only the prizes stated above. In no event will more than the stated number of prizes be awarded. Unclaimed prizes will not be awarded. The total ARV of all available prizes in the Sweepstakes is $200. ODDS OF WINNING: Odds of winning a prize depend upon the number of eligible entries received in the Sweepstakes Period. Crate and Barrel is not the sponsor of the Sweepstakes. Gift cards may have fees that reduce winnings and are subject to terms and conditions specified by Crate and Barrel or the company issuing the gift card.
WINNER SELECTION: On or about the Drawing Date listed above, the Sponsor or its designated representatives will randomly select potential prize winners from all eligible entries. Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules.
WINNER NOTIFICATION: Winners will be notified within approximately one (1) week of the Drawing Date by Instagram message or email as provided in the Entry. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive Instagram or email account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any messaging or email account. A winner may be disqualified (forfeits prize) if his or her prize, winner notification or other communication is returned as undeliverable, or if winner fails to respond within five (5) business days, in which case Sponsor will select an alternate winner based on the winner selection process described above. If the alternate winner is disqualified, no winner will be awarded for that Drawing Date. Prizes will be mailed to winners at the addresses provided during winner verification/mail-in entry approximately six (6) to eight (8) weeks after verification. Non-winning entrants will not be notified. Winners must provide their full first and last name, street address (no P.O. Boxes), city, state, zip code, phone number, email address and date of birth (mm/dd/yyyy).
ENTRIES: All entries become the property of the Sponsor and may be used by the Sponsor and its affiliates, subsidiaries and agencies in promotional activities without compensation or acknowledgment to the entrant. Acceptance of a prize constitutes permission from the winner to the Sponsor and its affiliates, subsidiaries and agencies to use such winner’s name, address, prize and/or likeness for advertising and publicity purposes and administration of this Sweepstakes, without further compensation, except where such use is prohibited by law.
SOCIAL MEDIA DISCLOSURE STATEMENT: This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants provide information to Sponsor and not to Instagram. By entering the Sweepstakes, Entrant completely releases the social media provider, as applicable, from all responsibility.
LIMITATION OF LIABILITY: To the extent allowed by law, by entering you agree to release and hold harmless Sponsor and its respective parents, partners, subsidiaries, affiliates, employees and agents (collectively, the “Released Parties”) from any and all liability or any injury, loss or damage of any kind arising in connection with this Sweepstakes or any prize won. Entrants agree that the Released Parties are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Sweepstakes-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize. Released Parties shall not be responsible or liable for entries entered by any automated computer, program, mechanism or device; for any entries in excess of the stated limit; or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries will, at Sponsor’s sole discretion, be disqualified.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner. The decisions of Sponsor are final and binding.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, THEREFORE SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN CALHOUN, GORDON COUNTY, GEORGIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN GEORGIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN CALHOUN, GORDON COUNTY, GEORGIA. 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 OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
WINNERS LIST: Winners' names will be made available upon written request to the Sponsor.