Sweepstakes Official Rules
LEVITY HOME SURVEY SWEEPSTAKES ("SWEEPSTAKES") OFFICIAL RULES
THESE ARE THE OFFICIAL RULES OF THE SWEEPSTAKES DESCRIBED AND SENT VIA EMAIL TITLED “THE LEVITY HOME PRODUCT FEEDBACK SURVEY SWEEPSTAKES” (THE “POST”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
- ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry. Employees, agents, representatives, directors, and officers of Ruggable LLC (“Sponsor”), its parent, subsidiaries, and affiliates (“Promotion Entities”), and members of each of their immediate families (spouses, parents, grandparents, children, and siblings, and their respective spouses) and those living in the same household of each are not eligible to enter or win. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules and any terms or conditions contained in the Post, if any. Winning a prize is contingent upon fulfilling all requirements set forth herein and in the Post. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state, and local laws.
- SWEEPSTAKES PERIOD: This Sweepstakes starts at the time and date listed in the Post and ends at the time and date listed in the Post (the “Sweepstakes Period”). All entry times are in Pacific Time (Daylight or Savings time, as the case may be) (“PT”), unless otherwise noted.
HOW TO ENTER: You can enter the Sweepstakes during the Sweepstakes Period by visiting the link to the participating survey in your email invitation during the Sweepstakes Period and completing the survey with all required information (including your name, email address, and/or any other information requested by the Sponsor) to receive one (1) entry into the Sweepstakes (“Entry”). Entries must contain all information requested to be valid. There is a limit of one (1) entry per person account/email address for the entire Sweepstakes Period.
Individuals who do not follow all of the instructions, provide the required information in their survey response, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.
Automated Entries are prohibited and any such use will cause disqualification. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. If it is discovered that you have entered or attempted to enter the Sweepstakes multiple times using multiple identities or email addresses, or that you submitted or attempted to submit more than the Entry limit provided above, all of your Entries may be declared null and void, and any prize you might have been entitled to will not be awarded, all at determined by Sponsor in its sole discretion. Sponsor’s decisions with respect to whether an Entry complies with these Official Rules are final and binding and may be made by Sponsor at any time. Entries that do not meet the requirements set forth in these Official Rules may not be acknowledged and may be automatically disqualified, in the sole discretion of the Sponsor. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or website or by any technical or human error which may occur in the processing of the Entries.
- WINNER SELECTION: On or around the date listed in the Post, the Sponsor will randomly select the number of winners as listed in the Post in a random drawing from among all eligible Entries received during the Sweepstakes Period. Odds of winning a prize depend on the number of eligible Entries received.
WINNER NOTIFICATION: Potential winner(s) will be contacted via the email address provided during entry into the Sweepstakes on or around five (5) days from the drawing date set forth in the Post. All potential winners are subject to verification, prizes will only be awarded to selected winners that are verified by Sponsor, including verification that such potential winner has complied with all Sweepstakes requirements. Each potential winner will be required to respond to and follow the instructions in such notification by email within two (2) business days of attempted notification, or prize may be forfeited. The contact notification will include instructions on how to claim the prize. Any prize won by an entrant who is eligible but still considered a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winner(s) set forth herein. If winner is found to be ineligible, or not in compliance with these Official Rules and/or the Post, declines to accept a prize or any portion as awarded, if Sponsor is unable to contact the winner within two (2) business days of attempting contact, the potential winner does not respond and/or provide the information required in the timelines provided, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited and potential winner disqualified. Potential prize winner (or parent/legal guardian where applicable) may be required to furnish proof of identification and sign, complete, and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. Sponsor shall not be responsible for and shall not be liable for: (i) any change of email address or other contact information of entrants, (ii) for any delays in awarding prizes for any reason outside of Sponsor’s control, and/or (iii) late, lost, misdirected, or unsuccessful efforts to notify the winner. Prizes will only be delivered to verified winners and to addresses within the 50 U.S./D.C. (no P.O. Boxes).
By accepting a prize, each winner consents to the use of his/her name, address (city and state of residence), voice, comments, and statements relating to the Sweepstakes or Sponsor, and Entries or other likenesses, without further compensation, notification, or permission in any publicity or advertising carried out by Sponsor, any related entities, or anyone authorized by Sponsor in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law, and for the purpose of improving Sponsor’s products and services.
PRIZE(S) (1): One (1) winner shall receive one (1) lounge chair or one (1) dining chair of their choosing as listed in the Post. Approximate Retail Value of each prize: $199-659 USD. Limit one (1) prize per person/household/email address. Unclaimed prizes will not be awarded. If a prize cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If the prize is furniture or other merchandise, allow up to twelve (12) weeks for shipment after verification of the winner. If the prize is a gift card, the gift card is subject to the terms, conditions, and restrictions as set forth by the issuer.
Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each winner’s responsibility, regardless of whether prize is used in whole or in part. Winner(s) may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. All prize details are at the Sponsor’s sole discretion.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes 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 JAMS Rules and Procedures, 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 (60) 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 ENTRANT’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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT 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 SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- By entering, entrants (i) acknowledge compliance with these Official Rules and the Post, including all eligibility requirements and, (ii) agree to be bound by all decisions of the Sponsor, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. All issues of interpretation to be decided by Sponsor. Decisions of Sponsor are final and binding in all matters. Entrants who have not complied with these Official Rules and the Post are subject to disqualification and all associated Entries will be void.
- Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery. Sponsor’s clock is the official timekeeping device for this Sweepstakes.
- Sponsor reserves the right to disqualify any entrant’s Entry in the Sweepstakes or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
- If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and he/she must comply with these Official Rules and the Post. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree to release and hold harmless Sponsor, Promotion Entities, and each of their officers, directors, employees, and agents, from any and all liability, loss, rights, claims, actions, and/or damage of any kind incurred with respect to the Sweepstakes, participating in the Sweepstakes, or the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- All issues and questions concerning the construction, validity, interpretation, and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without regard to any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the courts located in the State of California, in the City of Los Angeles.
- Sponsor reserves the right in its sole discretion to cancel, modify, or suspend this Sweepstakes at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the winners from among all eligible, non-suspect Entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes.
- Promotion Entities do not warrant that access to the Sweepstakes will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes, the processing of Entries, the offering or announcement of any prize or in any Post or prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's computer system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.
- Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified (and all associated Entries will be void) and will forfeit any prize won.
- DISPUTES: The Official Rules govern over all other communications. In the event of any conflict between these Official Rules and the Post, the Official Rules shall prevail. Images of prize(s) or items redeemed with prize as shown in Sweepstakes Materials are for illustrative purposes only. Actual prize may vary from the prize pictured.
- The invalidity or unenforceability of any provision of these Official Rules or the Post 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 and the Post 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.
- SPONSOR: Ruggable LLC d/b/a Levity, 17809 S. Broadway, Gardena, CA 90248.
- WINNERS LIST: For a copy of the winners list (or a copy of the Sweepstakes Official Rules), send your request to: Levity, Andrew Yin, Special Projects Manager, 17809 S. Broadway, Gardena, CA 90248. Requests must be received no later than forty-five (45) days after the closing of the Sweepstakes Period.
- PRIVACY: Please visit https://levityhome.com/policies/privacy-policy to see how Sponsor will use personal information obtained in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly available winner’s list.