Exclusive Design Giveaway

Tile Mart Giveaway Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING THE GIVEAWAY, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.

Eligibility: The Tile Mart Giveaway (the "Giveaway") is open only to legal residents of the 50 United States and District of Columbia, who are eighteen (18) years or older at the time of entry. Employees of Tilemart Corp[AK1][CC2]. (“Sponsor”), or any of its respective affiliates, subsidiaries, or any other company or individual involved with the design, production, execution, or distribution of the Giveaway (collectively with Sponsor, the "Giveaway Entities"), and any of their respective parent and affiliate companies or subsidiaries, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, whether or not related, are not eligible to enter or win.

Eligibility: The Tile Mart Giveaway (the "Giveaway") is open only to legal residents of the 50 United States and District of Columbia, who are eighteen (18) years or older at the time of entry. Employees of Tile Mart Corp. (“Sponsor”), or any of its respective affiliates, subsidiaries, or any other company or individual involved with the design, production, execution, or distribution of the Giveaway (collectively with Sponsor, the “Giveaway Entities”), and any of their respective parent and affiliate companies or subsidiaries, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, whether or not related, are not eligible to enter or win.

The Giveaway is subject to all applicable federal, state, and local laws and regulations. Participation constitutes each 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 Giveaway. Winning the prize is contingent upon fulfilling all requirements set forth herein.

Giveaway Period: The Giveaway begins at 12:00 a.m. Pacific Time on March 12, 2025 and ends at 11:59 p.m. Pacific Time on April 11, 2025 (the "Giveaway Period").

How to Enter: During the Giveaway Period, you (“Entrant”) need to: (1) follow @tilemartofficial on Instagram; (2) like this post on Instagram; (3) share the post on your story on Instagram and tag @tilemartofficial; and (4) post a comment about your dream home improvement project and tag at least two (2) friends.

LIMIT OF ONE (1) ENTRY PER ENTRANT/HOUSEHOLD. If more than the stated entry limit is received from the same person, Instagram account or email address, then the entries may, at Sponsor's discretion, be disqualified. Entrants are prohibited from using more than one (1) Instagram account or multiple identities. If it is found or suspected that an Entrant is using more than one Instagram account or multiple identities to participate in the Giveaway, then that Entrant, in Sponsor's discretion, may be disqualified. Entries that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Giveaway at Sponsor's discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries received through any tampering or foul play will render that Entrant ineligible to receive any prize(s) at Sponsor's sole discretion. The Giveaway Entities are not responsible for technical failures of any kind, including, but not limited to, the malfunctioning of any wireless network, telephone, computer, computer network, hardware or software or the unavailability or inaccessibility of any service. The Giveaway Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in Entrant's device to receive messages. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. All materials submitted become the property of Sponsor and will not be returned. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. You understand that Internet access and device data usage charges and any other charges imposed by your mobile plan and/or online service may apply when submitting an entry. Contact your wireless carrier and/or check your mobile plan for data usage pricing plans and details. In the event of a dispute as to any entry, the Account Holder of the Instagram account used to register for the entry will be deemed to be the Entrant. The “Account Holder” is the natural person who is assigned an account by Instagram. The potential winner may be required to show proof of being the Account Holder. Privacy Policy and Data Collection: Information provided by Entrant for this Giveaway is subject to Sponsor's privacy policy: https://tilemart.com/policies/privacy-policy. By entering this Giveaway, each Entrant agrees that the Sponsor has the right to contact the Entrant at the Instagram account, phone number and/or email account provided by Entrant in order to administer and fulfill this Giveaway.

Prizes:

• Design consultation and custom design action plan provided by Julee Ireland. This includes a one hour initial design consultation and a thirty (30) minute follow up (project check-in) as well as a custom design action plan which consists of paint color scheme and Tile Mart recommended product list.
  • The initial design consultation must be used within six (6) weeks of Notification (defined below)
• Four Hundred Dollars ($400) off Tile Mart products for your home improvement project.
• Early access to Julee Ireland's Curves Collection.

Drawing/Winner Notification: On April 21, 2025, Sponsor will randomly select one potential (1) prize winner (“Prize Winner”) from among all eligible entries received during the Giveaway Period and notify the Prize Winner via direct message on Instagram from @tilemartofficial (the “Notification”). Odds of winning depend on the total number of eligible entries received during the Giveaway Period.

Failure of a potential Prize Winner to respond to the Notification message within forty-eight (48) hours of Notification for any reason may result in disqualification and an alternate potential Prize Winner may be selected, at Sponsor's sole discretion. Sponsor is not responsible for any technical issues or a potential Prize Winner's failure to receive or respond to the Notification due to any issue.

Prize Restrictions and Limitations: No more than the stated prizes will be awarded. Prizes are subject to availability, non-transferable, non-negotiable, not redeemable for cash, non-refundable and no substitution will be made except as provided herein at the Sponsor 's sole discretion. Sponsor reserves the right to substitute any prize or prize component for one of equal or greater value for any reason. All taxes (including, without limitation, state and federal income taxes) and the reporting consequences thereof associated with the use and acceptance of any prize are solely the responsibility of the Prize Winner. Sponsor makes no warranties and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Giveaway. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

Entry Conditions and Release: By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Giveaway; (b) release and hold harmless the Giveaway Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entry, creation of an entry participation in the Giveaway, and/or acceptance or use or misuse of prize; and (c) indemnify, defend and hold harmless the Giveaway Entities from and against any and all claims, expenses, and liabilities (including, without limitation, reasonable attorney's fees) arising out of or relating to an Entrant's participation in the Giveaway and/or Entrant's acceptance, use or misuse of any prize.

General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the Prize Winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be Entrant's sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules. The invalidity or unenforceability of any provision of these Official Rules 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 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's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability: The Giveaway Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections on Instagram, in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Giveaway, provided that if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, at its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover prize at its sole discretion. Governing Law and Jurisdiction: Any dispute arising from these Official Rules and the Giveaway will be governed by and construed and enforced in accordance with the laws of the State of California except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Entrant and the Sponsor agree that any action brought by either party against the other in any court, whether federal or state, will be brought exclusively within the State of California, County of Los Angeles. Both Entrant and the Sponsor hereby irrevocably consent to the jurisdiction of such court and waive any objection to either jurisdiction or venue of such court.

Dispute Resolution: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SPONSOR TO AGREE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND THE SPONSOR FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND THE SPONSOR AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. THE SPONSOR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

Any dispute or claim arising from, relating to, or connected with these Official Rules or the Giveaway (each a "Claim") will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Official Rules will be administered by JAMS and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be in Los Angeles County, State of California or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding the foregoing, the Sponsor may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce its intellectual property rights or those of the Sponsor's affiliates, suppliers, or licensors.

ONE YEAR TO ASSERT CLAIMS. To the extent permitted by law, any Claim by you or the Sponsor relating in any way to these Official Rules, the Giveaway, or any aspect of the relationship between you and the Sponsor as it relates to these Official Rules or the Giveaway, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and the Sponsor will not have the right to assert the Claim.

WAIVER OF CLASS ACTIONS. Sponsor and you each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE OFFICIAL RULES OR THE GIVEAWAY.

OPTION TO OPT-OUT. You have the right to opt out of binding arbitration within 30 days of the date that you submit an entry (unless a longer period is required by applicable law). In order to be effective, your written notification to the Sponsor, Attention: Tile Mart Giveaways, and your written notification must include your name, mailing address, and email address. The notice must clearly indicate your intent to opt-out of this binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the Official Rules' Governing Law and Jurisdiction provision.

You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises or forever be barred.

For purposes of any Claim that is not subject to the arbitration procedures of the Official Rules, we both agree to the governing law and jurisdiction as set out in the Official Rules' Governing Law and Jurisdiction provision above.

Publicity: Except where prohibited, participation in the Giveaway constitutes the Prize Winner's consent to Sponsor's and its agents' use of Prize Winner's name, likeness, photograph, voice, and opinions for promotional purposes in any media, worldwide, without further payment or consideration.