Promotional Text Messaging Sweepstakes

American Freight® Promotional Text Messaging Opt-In Sweepstakes Promotion
2023 Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE WILL NOT INCREASE THE LIKELIHOOD OF WINNING.

This Promotional Text Messaging Opt-In Sweepstakes Promotion (the “Sweepstakes”) is sponsored by the American Freight Family of Companies, including American Freight, LLC (doing business as American Freight – Furniture Mattress Appliance) and its affiliate American Freight Outlet Stores, LLC, doing business as American Freight – Appliance Furniture Mattress (collectively referred to as the “Sponsor” or “American Freight”).  This document provides the terms and conditions of the official rules for the Sweepstakes.  Customers are encouraged to opt-in to promotional text messaging (“Entry”) for a chance to win a $100 Visa® gift card from American Freight. A total of five (5) prizes will be awarded per month. The selection of the winners will be determined randomly among all eligible Entries.

1. TIMING: The Entry period begins at 12:00 a.m. EST on March 1, 2023 and ends at 11:59 p.m. EST on June 31, 2023 (“Entry Period”). There will be two award periods for the calendar months of March 2023 and June 2023.
2. ELIGIBILITY: SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF ONE OF THE FIFTY (50) STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO ARE AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. THE SWEEPSTAKES IS (A) GOVERNED BY THESE OFFICIAL RULES, (B) VOID WHERE PROHIBITED BY LAW, AND (C) SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees of American Freight and its former employees including retirees, parent companies, affiliates, and subsidiaries, and their respective participating advertising, promotions, and public relations agencies as well as their immediate family members or those living in the same household as such individuals are not eligible to enter.
3. CONDITIONS OF PARTICIPATION: Sweepstakes entrants need to have access to the Internet and a valid mobile phone number to enter. View SMS messaging terms of use here: http://attn.tv/amfreight/terms.html).  Entering the Sweepstakes by submitting an Entry constitutes Entrant’s agreement to abide by and be bound by these Official Rules and Sponsor’s Privacy Policy, which is available : https://www.americanfreight.com/br/content-hub/privacy-policy. Eligibility to win the Sweepstakes is contingent upon the fulfillment of all eligibility and other requirements set forth in these Sweepstakes Official Rules. Decisions of Sponsor are final and binding in all matters related to Entry and the winners’ selection process (as defined in these Official Rules).
4. HOW TO ENTER: During the Entry Period, entrant can visit the following link to apply: https://amfreight.attn.tv/p/i1l/sweepstakes
   Entrant must be the person who is the authorized account holder of the mobile phone number associated with the Entry. One entry per person. No copies, facsimiles, or reproductions or submissions by mail will be accepted.
5. ENTRY REQUIREMENTS: Each Entry requires opting in to promotional text messaging from American Freight. Each Entry must also comply with the following:
   1. Entry may not contain, as determined by the Sponsor in its sole discretion, any content that appears to duplicate any other submitted Entries or violates any law.
   2. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties.
   3. Entries must not contain personally identifiable information of any person other than you.  Should you include personally identifiable information about yourself in your Entry, you acknowledge and agree that such information will be disclosed publicly, and you are solely responsible for any consequences thereof.
6. SELECTION OF WINNER: Winner selection will be chosen randomly and must abide by these Official Rules. Winner chosen by Sponsor is final pending confirmation of eligibility in accordance with these Official Rules. Winner selection will take place on or about ten (10) days after the end of the respective month. If a chosen winner does not claim the prize within one week of being contacted, American Freight reserves the right to choose an alternate winner in its sole and absolute discretion.
7. PRIZE: Grand prize is a $100 Visa® Gift card. Five (5) grand prizes will be given away per month. Prize is predetermined by American Freight. Winning prize is non-negotiable and non-transferable. The selection and notification of the winning entry will be selected and notified on or about ten (10) days after the end of each month. Entrants will be notified by Sponsor via phone (by SMS text notification if Entrant has consented to receive such form of communications) of their selection as a winner along with instructions on how winners may claim a prize. Winners are responsible for any and all taxes associated with the prize. Odds of winning depends on the number of entries received.  Visa® is not a Sponsor of this Sweepstakes.
8. LIMITATIONS OF LIABILITY AND RELEASE: By entering the Sweepstakes, Entrants agree to release and hold harmless Sponsor and its parent, officers, directors, employees and agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out or in connection with the release of personal information. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the costs of entering and participating in the Sweepstakes and in no event shall the Released Parties be liable for attorney’s fees. Entrants waive the right to claim any other additional damages whatsoever, including but not limited to, punitive, consequential, direct or indirect damages. By entering the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from any and all liability for injuries, death or losses or damages to persons or property AS WELL AS CLAIMS OR ACTIONS BASED ON COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT, MISAPPROPRIATION, PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the prize. An entrant may be prohibited from participating in this Sweepstakes if, in Sponsor’s sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of this Sweepstakes by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Released Parties, or associated agencies or entities.
9. USE OF DATA and INTELLECTUAL PROPERTY: By submitting an Entry, Entrant grants American Freight the right to use the Entry for research and data collection. Sponsor may also collect personal data about Entrants in accordance with its Privacy Policy (https://www.americanfreight.com/privacy-statement/). By entering the Sweepstakes, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. The intellectual rights to the Entry, if any, will remain with the Entrant, except that these Official Rules do not supersede any other assignment or grant of rights according to any other separate agreements between entrants and other parties. As a condition of entry, entrant agrees that Sponsor shall have the right to use, copy, modify and make available the Entry in connection with the operation, conduct, administration, and advertising and promotion of the Sweepstakes and of Sponsor via communication to the public, including, but not limited to the right to make screenshots, animations, and video clips available to the public for promotional and publicity purposes.  Furthermore, by participating in the Sweepstakes and/or accepting the Prize, each entrant grants (and agrees to confirm that grant in writing) to Sponsor and/or Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for Sweepstakes, promotions, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered without notice, review or approval and without additional compensation, except where otherwise prohibited by law.
10. WINNERS’ LIST REQUEST: To request confirmation of the name of the winners of the Sweepstakes, please send a self-addressed, stamped business-size envelope, by July 15, 2023 to: American Freight,109 Innovation Court, Suite J, Delaware, OH  43015.  Attention: Sweepstakes Department
11. WARRANTY AND INDEMNITY: Each entrant represents and warrants that their Entry is original, that they are the sole and exclusive owner and right holder of the submitted Entry, and that they have the right to submit the Entry in the Sweepstakes. Each Entrant further represents and warrants that their Entry does not (1) infringe any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) include any personally identifiable information of any person other than entrant; or (3) otherwise violate any applicable law.  To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified the Released Parties at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Released Parties may become liable by reason of or related or incidental to any act, default or omission by an entrant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission, whether negligent or otherwise, of these Official Rules by an entrant.
12. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Ohio. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law or conflict of law rules (whether of the State of or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
13. WAIVER: Entrants hereby waive all rights to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased.
14. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
15. CANCELLATION OR TERMINATION:  Sponsor reserves the right in its sole discretion to cancel or suspend any portion of the Sweepstakes for any reason.