Contest Rules

Best Backyard PHOTO CONTEST

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED.

1. ENTRY PERIOD: American Sale’s Best Backyard (“Contest”) commences at 9 A.M. Central Standard Time on August 7, 2019 and ends at 11:59:59 P.M. Central Standard Time on August 21st (the “Entry Period”). All entries must be received by 11:59:59 P.M. Central Standard Time on August 21, 2019 to be eligible for the Grand Prize.

2. ELIGIBILITY: This Contest is open to legal residents of the continental United States and residents must be located within the Chicagoland area counties (Cook, DeKalb, DuPage, Grundy, Kane, Kendall, McHenry, and Will Counties in Illinois as well as Lake and Porter Counties in Indiana) (the “Eligibility Area”). Entrants must be at least 18 years of age at the time of entry. Employees of American Sale Corporation and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step-parents, step-children and step-siblings) are not eligible to participate.  By participating in this Contest, entrants (a) agree to be bound by these Official Rules and by the decisions of American Sale Corporation, which are final and binding in all matters relating to this Contest and (b) acknowledge compliance with these Official Rules. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

3. TO ENTER: Visit the official American Sale Facebook Contest page at https://www.facebook.com/americansale (the “Site”) any time during the Contest Period and follow the instructions to complete all required fields on the online entry form. All entries submitted in accordance with these Official Rules shall hereinafter be referred to as the “Eligible Entries.” All entries become the property of American Sale Corporation and will not be acknowledged or returned. In the event of a dispute over the identity of an online entrant, the entry will be deemed submitted by the registered holder of the email account. Entries received by American Sale Corporation after the end of the Contest Period will be discarded and deemed VOID. No changes to any entry information will be permitted once submitted.  Proof of entering online will not be deemed to be proof of actual receipt by American Sale Corporation. This Contest is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted.

4. SUBMISSION REQUIREMENTS: Submissions for the Contest must consist of at least one (1) digital photo of entrant's original backyard (the “Submission”). The photo portion of each Submission should be in .jpg, .gif or .png format, and the total upload should not be larger than one (1) megabyte. Each photo must include at least one (1) major outdoor product purchased from American Sale, that falls into the following categories: Patio Furniture, Pools, Hot Tubs, Swing Sets, Grills, or Trampoline.
   
   All Submissions become the property of American Sale Corporation and will not be returned. If Entrant is selected as a prospective Grand Prize winner, Entrant will be required to execute and return releases and additional documentation supplied by American Sale Corporation in accordance with American Sale Corporation's instructions or such prospective finalist will be disqualified. Incomplete and/or late Submissions will also be disqualified. Completed Submissions that are created and received within the above-mentioned guidelines shall collectively be referred to herein as the “Eligible Entries.” Submissions that are not an original work of the Entrant and/or illegible or incomplete application forms will not be accepted. American Sale Corporation reserves the right to reject any Submissions that it deems, in its sole discretion, to violate any of the policies of the American Sale Corporation's customary standards and practices.
   
   The Submission must not include: (a) content that violates any third party rights, including, but not limited to, copyrights or trademark rights; (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language that promotes alcohol, tobacco, or drug use; or (f) any other language that American Sale Corporation determines is not reasonably related to the Promotion.

5. REPRESENTATIONS & WARRANTIES: By submitting a Submission, an Entrant represents and warrants that: (a) the Submission is an original work created solely by Entrant; (b) Entrant owns all rights to the Submission; (c) the Submission complies with all requirements of these Official Rules; and (d) Entrant understands that other entrants may submit Submissions that are identical to yours and that you shall not have any claim against any other Entrant or American Sale Corporation arising out any such similarity or be entitled to any compensation because of any such similarity.

6. PRIZE: A total of one (1) Grand Prize winner will be awarded. One (1) Grand Prize winner will receive one (1) $500 American Sale Shopping Spree, be featured as "The 2019 Best Backyard" on American Sale Corporation's website (www.americansale.com) and social pages (subject to American Sale Corporation’s discretion) (https://www.facebook.com/americansale, https://twitter.com/americansale, http://www.pinterest.com/americansale, http://instagram.com/americansale, https://www.youtube.com/user/AmericanSaleStore. Approximate retail value (ARV) of the prize is $500. The " The 2019 Best Backyard" winner will not receive the difference between the actual value and approximate retail value of the Grand Prize. The prize may not be combined with any other offer. Prizes are not redeemable for cash, and no substitution, assignment or transfer of the prize will be permitted, except that American Sale Corporation reserve the right, in its sole discretion, to substitute the prize with either the cash value of the prize that would have been awarded, or a prize of equal or greater value.  Odds of winning are determined by and depend upon the number and quality of Eligible Entries and votes received. Each entrant acknowledges and agrees that the value of the prize may be taxable to the winner as income. American Sale Corporation SHALL HAVE NO RESPONSIBILITY OR OBLIGATION TO A WINNER OR POTENTIAL WINNER WHO IS UNABLE OR UNAVAILABLE TO ACCEPT OR UTILIZE THE PRIZE AS DESCRIBED HEREIN.

7. VOTING: At the end of the “Entry Period”, American Sale Corporation will post Submissions on the official American Sale Facebook Contest page (Submissions will be posted after the close of the Entry Period on August 21, 2019 at 11:59:59 P.M. Central Standard Time). Visitors to the official American Sale Facebook Contest page will have the opportunity to vote for their favorite (“Public Voting”). The public voters are not enforced to abide by any formal judging criteria to base their voting selection upon. Public Voting will only be available during the “Voting Period” (beginning on August 22nd at 12:00 A.M. Central Standard Time until its close on August 29th at 11:59:59 P.M. Central Standard Time), and visitors may only vote once (1) per day per photo during the Voting Period. A "Day" is defined as the 24-hour period beginning at the time the public voter submits his/her vote, and ending 24 hours later. All voters must be legal residents of the 50 United States or D.C. and at least 18 years of age at the time of casting their vote. At the end of the Voting Period, the Submission with the highest number of votes will be the "The 2019 Best Backyard" or grand prize winner.

8. PRIVACY: When you enter at the Website, you may be asked to consent to receive promotional e-mails and reminders for upcoming promotions and information about American Sale Corporation. Consenting to receive such e-mails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of American Sale Corporation (the “Privacy Policy”), which is available on the Websites. Any information you submit as part of the Promotion will be treated in accordance with Privacy Policy. Except where prohibited, participation in the Promotion constitutes your consent to American Sale Corporation’s use of your personal information, likeness, contest entry, and state of residence for promotional and marketing purposes in any media without further payment or consideration.

9. ELIGIBILITY CRITERIA: Previously published photos (such as those appearing in major books, in magazines, in newspapers, from food companies, publicized on the Internet, and winners in other national contests) will be disqualified, unless the Eligible Entry features changes considered significant by the judges. In addition, Eligible Entries must not have been awaiting publication or submitted for publication consideration during the Contest Period. A grand prize winner will be chosen on or about August 30, 2019. Grand Prize will be mailed to grand prize winner in the amount of a $500 American Sale Gift Shopping Spree (valid in-store only).

10. WINNER VERIFICATION: The prize winners must sign and return the following documents to American Sale Corporation within five (5) days of receipt thereof: (a) an Affidavit of Eligibility and Release of American Sale Corporation and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of the prize or any portion thereof; and (b) except where prohibited by law, a promotional release granting American Sale Corporation and their respective designees the right to use the winner’s name and likeness for advertising and publicity purposes without additional compensation. The potential prize winner must prove eligibility, including, without limitation, proof of age and residence. In the event of non-compliance by the potential prize winner with the instructions above, the potential prize winner shall be disqualified and the next highest scoring Eligible Entry will be chosen. Entry into this Contest constitutes agreement to sign such releases to the extent permitted by applicable law. All decisions of American Sale Corporation related to this Contest are final and binding. American Sale Corporation expressly reserve the right to delay the announcement of the winner for creative or technical reasons or for any other reason American Sale Corporation deem necessary.

11. OWNERSHIP OF SUBMISSIONS: By submitting a Submission, an Entrant acknowledges and agrees that: (a) American Sale Corporation is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your Submission, including, without limitation, all copyright, trademark, and other proprietary rights in and to the Submission (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the Submission shall inure to the benefit of American Sale Corporation from the date of conception, of creation, or of fixation in a tangible medium of [removed]whichever occurs first), of such Submission; (c) Entrant’s Submission is a "work made for hire" (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that Entrant’s Submission is not a work made for hire, Entrant hereby assigns to American Sale Corporation all right, title, and interest in and to the Submission and all copies thereof that Entrant may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) Entrant waives all claims to any and all moral rights in the Submission including without limitation, Entrant’s right of attribution and integrity; and (f) American Sale Corporation  may exploit the Submission (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. American Sale Corporation reserves the right to modify or edit the winning Submission for content including all copyrights and trademarks, and Promotion Entities or their assigned agent(s), will have the right to reproduce, publish, adapt, modify and/or revise the Submission, in its sole discretion, in any manner or form throughout the world, in perpetuity.

12. GENERAL TERMS: American Sale Corporation assumes no responsibility or liability for incorrect or inaccurate entry information, whether caused by an entrant or by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the entries in this Contest. American Sale Corporation is not responsible or liable for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to an entrant's or any other person's computer related to or resulting from participation in this Contest. American Sale Corporation is not responsible or liable for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the prize and/or the prize winner.  If, for any reason, this Contest is not capable of running as planned due to, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of American Sale Corporation  which corrupt or affect the administration, security, fairness, integrity or proper operation of this Contest, American Sale Corporation  reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. Should this Contest be terminated prior to the stated expiration date, notice will be posted on http://www.americansale.com and the prize will be awarded to a winner selected by the judges from among all Eligible Entries received up until the time of termination.  All interpretations of these Official Rules by American Sale Corporation are final.  No software-generated, robotic, programmed, script, macro or other automated online entries are permitted and will result in disqualification of all such entries.  American Sale Corporation reserves the right in its sole discretion to disqualify any individual it finds: (a) to have tampered with the entry process or the operation of this Contest; (b) to be acting in violation of these Official Rules; or (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Contest.  ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, American Sale Corporation RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

13. DISCLAIMER; LIMITATION OF LIABILITY: Entrants acknowledge that American Sale Corporation has not made and is not in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the prize.  Except where prohibited, as a condition of participating in this Contest, entrants agree that any and all disputes which cannot be resolved between or among the parties, and any claims and causes of action arising out of or connected with this Contest, the prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action. IN NO EVENT WILL AMERICAN SALE CORPORATION OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION, FULFILLMENT, MARKETING AGENCIES, PUBLIC RELATIONS FIRMS, CONSULTANTS OR CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXPECTATION, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF THIS CONTEST OR ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN CONNECTION WITH THIS CONTEST, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. IN NO EVENT SHALL AMERICAN SALE CORPORATION’S AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT OF THE PRIZE TO BE AWARDED IN CONNECTION WITH THIS CONTEST.

14. GOVERNING LAW AND VENUE: The state and federal courts located in Springfield, Illinois shall have sole and exclusive jurisdiction of any controversies regarding this Contest, and the laws of the State of Illinois shall govern this Contest. Each entrant waives any and all objections to exclusive jurisdiction and venue in these courts and hereby submits to the jurisdiction of these courts. Any and all lawsuits or other disputes that arise relating to this Contest must be filed within one (1) year from the date that the winner is selected, without regard to any applicable statutes of limitation or repose.

15. WAIVER; SEVERABILITY: The failure of American Sale Corporation to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.

16. LIST OF WINNERS AND OFFICIAL RULES: For the name of the winner and/or for a copy of the Official Rules, send a self-addressed stamped envelope to:

17. PRIVACY STATEMENT: Personal information provided by entrants to American Sale Corporation during the Contest entry process will be used to administer the Contest and may also be used by American Sale Corporation for marketing purposes. For more information about American Sale Corporation’s use of personal information, please review the Privacy Policy located at http://www.americansale.com/page/policies.

18. ADMINISTRATOR: This Contest is administered by American Sale Corporation, 8401 W. 185^th St. Tinley Park, IL 60487