Ashley for the Arts Ticket Giveaway Sweepstakes

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.   OPEN TO LEGAL RESIDENTS OF THE UNITED STATES THAT RESIDE WITHIN A ONE HUNDRED FIFTY (150) MILE RADIUS OF ARCADIA, WISCONSIN, 18 YEARS OF AGE OR OLDER, WHO ENTER FROM WITHIN THE UNITED STATES.

  1. Eligibility: The Ashley for the Arts Ticket Giveaway Sweepstakes (the “Sweepstakes”) is open to: legal residents of the United States that who reside within a one hundred fifty (150) mile radius of Arcadia, Wisconsin as measured using Google Maps driving directions (as determined by Sponsor in its sole discretion) (“Eligible Radius”), who are at least eighteen (18) years of age or older, and who are located in the United States, all at the time of entry. Employees, contractors, directors, officers, and agents of Ashley for the Arts, Ltd. (“Sponsor”), and its parent companies, affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies, and all other service agencies involved with the Sweepstakes are not eligible to enter or win.

This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside the Eligible Radius and where prohibited.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

  1. Sponsor: Ashley for the Arts, Ltd., 1 Ashley Way, Arcadia, WI 54612.
  1. Sweepstakes Period: The Sweepstakes begins on May 17, 2022 at 11:00:00 AM Central Time (“CT”) and ends on July 20, 2022 at 11:59:59 PM CT (the “Sweepstakes Period”).  The Sweepstakes Period consists of eight (4) separate entry periods (each an “Entry Period”) as follows:
Entry Period Entry Period’s Start Date and Time Entry Period’s End Date and Time Entry Period Prize Package Entry Period’s Approximate Winner Drawing Date
1 May 17, 2022 at 11:00:00 AM CT May 17, 2022 at 11:59:59 PM CT Family Pack May 19, 2022
2 May 31, 2022 at 11:00:00 AM CT May 31, 2022 at 11:59:59 PM CT His/Hers June 2, 2022
3 June 21, 2022 at 9:00:00 AM CT June 21, 2022 at 11:59:59 PM CT First Day of Summer June 23, 2022
4 July 20, 2022 at 11:00:00 AM CT July 20, 2022 at 11:59:59 PM CT Reserved Seating July 22, 2022

All entries must be received before the Entry Period’s end time/date to be valid for such Entry Period.  Non-winning entries from one Entry Period will not roll into subsequent Entry Periods, if any.

  1. How to Enter: Each Entry Period will have one (1) drawing pool on Facebook (the “Drawing Pool”). To enter the Sweepstakes, during the Entry Period, visit Sponsor’s Facebook account (at https://www.facebook.com/AshleyForTheArts) and find the corresponding Entry Pool’s Sweepstakes post (which post will be made during the Entry Period) (“Post”).  Then, (i) like or react to the Post and (ii) respond to the Post’s prompt by posting a comment on the Post to receive one (1) entry into the corresponding Entry Period’s Drawing Pool.

 

Limit: One (1) entry per person.

Only posts about this Sweepstakes made by Sponsor shall be valid for entry.  Sponsor is not responsible if a Post is not timely made or posted. Entries will not be judged, but must comply with all requirements set forth herein, including the content requirements. Individuals who do not follow all of the instructions and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.  If you don’t have a Facebook account, you can create one for free by visiting  Facebook.com.  By creating a Facebook account, you agree to Facebook’s terms of service and all other applicable requirements and terms.

Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address.  Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant.  “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.  Potential winner may be required to show proof of being the Authorized Account Holder.

Entry Requirements: As used herein, “Entry”/“entry” (and/or “Entries”/“entries”) refers to all content you submit in connection with the Sweepstakes (including, but not limited to, posts, descriptions, explanations, hashtags, tag names, etc.), if any.

Entrants represent and warrant that their Entry is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Entry via various media including Web posting will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Sweepstakes Parties (defined below) from any claims to the contrary.  Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner.

 

By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY WILL BE POSTED ON THE PUBLIC INTERNET.

All Entries you submit must conform to the additional submission requirements set forth herein:

  • Entry must comply with these Official Rules and any terms of use on the Facebook website;
  • Entry must comply with the posting requirements set forth herein and as set forth in all Facebook guidelines;
  • Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
  • Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Entry cannot be obscene or offensive, endorse any form of hate or hate group;
  • Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
  • Entry cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Sponsor’s brands/products), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • Entry cannot infringe on copyrighted materials owned by others;
  • Entry cannot contain materials embodying the name or other indicia identifying any person, living or dead, without permission;
  • Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (as determined by Sponsor in its sole discretion); and
  • Entry cannot depict, and cannot itself, be in violation of any law.

ENTRIES POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.  Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.  Sponsor reserves the right to waive the Entry submission requirements set forth herein in its reasonable discretion.

Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the Sweepstakes entry requirements prior to any drawing.

  1. Drawing: On or around the dates listed in the chart above, Sponsor will randomly select one (1) potential winner for each Entry Period. Odds of winning a prize depend on the number of eligible entries received for such Entry Period’s Drawing Pool.  Non-winning entries from one Entry Period will not roll into subsequent Entry Periods, if any.

On or around one business day after the end of each Entry Period, potential winners will be notified via direct message on Facebook (as applicable) by Sponsor and potential winner will have 24 hours to respond to the direct message. Entrants must have a public Facebook profile to enter so that Sponsor can contact him/her in the event his/her entry is selected as the potential winning entry. Potential winner that is unable to be contacted because of profile settings may be disqualified, in Sponsor’s sole discretion. Potential winners are subject to verification.  If any potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required steps or required documents are not completed and/or returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion.  Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within five (5) days of attempted notification or prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.

  1. Prizes (4): Subject to verification of eligibility and compliance with these Official Rules, each Entry Period will have one (1) prize available for its verified winner as follows (each, a “Prize” or “prize”):
  • Entry Period 1 – Family Pack: (i) four (4) general admission tickets to Ashley for the Arts being held in Arcadia, Wisconsin on August 11, 2022 and August 13, 2022 (the Concert” or “Event”) and (ii) four (4) pieces of Ashley for the Arts (“AFTA”) apparel. Approximate Retail Value (“ARV”) of Family Pack Prize: $140.
  • Entry Period 2 – His/Hers: (i) two (2) general admission tickets to the Event; (ii) two (2) beverage tumblers; and (iii) two (2) pieces of AFTA apparel. ARV of His/Hers Prize: $108.
  • Entry Period 3 – First Day of Summer: (i) two (2) general admission tickets to the Event; (ii) one (1) fishing cooler; and (iii) two (2) pieces of AFTA apparel. ARV of First Day of Summer Prize: $145.
  • Entry Period 4 – Reserved Seating: (i) two (2) reserved seating tickets; and (ii) one (1) $100 Kwik Trip gift card. ARV of Reserved Seating Prize: $500.

Any difference between stated ARV and actual value of prize will not be awarded.  Prize shall not include any expenses incurred by winners, including without limitation, transportation to/from the Event and all such expenses shall be the sole responsibility of the winners.

Event tickets must be used by the winner and their single guest.  Tickets are not transferrable. A minor may accompany winner as a guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during prize by minor’s parent or legal guardian. Lost, stolen or damaged tickets will not be replaced or exchanged.

Sponsor is not responsible for any delay or cancellation of the prize, the event, or any portion of the prize due to unforeseen circumstances, or those outside of Sponsor’s control. In the event, for whatever reason, the concert event and/or any performance is cancelled prior to, or during, the concert event, the experience will not be awarded and Sponsor will not provide any compensation or substitution for that portion of the prize.  Winners and guests agree to comply with all applicable venue regulations in connection with the Event. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to winner and his/her guest who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Event or in any other objectionable behavior.

Because COVID-19 is a novel virus, winner agrees and acknowledges that there is always a risk with attendance at any event and Sponsor shall not be responsible for any such risk or outcome. Further, Sponsor is not responsible for any change or difference in the availability of any concert, event, offerings, or otherwise when such arises out of our effort to adhere to changes in regulations and protocols with respect to COVID-19, over which we have no control.

Limit: one (1) prize per person/household.  Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor.  If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value.  Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.

  1. Release: As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, and its respective affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents, and Facebook, LLC (collectively, “Sweepstakes Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any attendance at any event in connection therewith; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.

 

  1. Publicity: Except where prohibited by law, winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, social media handle, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
  1. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, 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 by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation.  Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  1. 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 Florida 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 rules and procedures established by JAMS, 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 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 AND (2) 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 SET FORTH ABOVE AND IN SECTION 7, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

 

  1. Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of