Home-y Holiday Giveaway Official Rules

UPDATED: NOV 22, 2024

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR ANY OTHER ENGAGEMENT WITH THEHOMEMAG DOES NOT INCREASE THE CHANCES OF WINNING.

1. Sponsor:  The Sweepstakes Sponsor is TheHomeMag, 1732 SE 47th Terrace, Cape Coral, Florida 33904, USA.

2. Eligibility: The Homey Holiday Giveaway (the “Sweepstakes”) is open only to those who sign up at the Sweepstakes page located at https://thehomemag.ac-page.com/homey-holiday-giveaway and who are eighteen (18) years old or older as of the date of entry. The Sweepstakes is only open to legal residents of the fifty (50) United States and the District of Columbia, and is void where prohibited by law. Employees of TheHomeMag (the “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law.

3. Consent to Rules: By participating, you agree to be fully unconditionally bound by these Rules and represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the Sponsor's decisions as final and binding as they relate to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws.

4. Sweepstakes Period: Entries will be accepted online starting on November 25, 2024, and ending on December 20, 2024. All online entries must be received by December 20, 2024, at 11:59 p.m. EST.

5. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this Sweepstakes site, located at  https://thehomemag.ac-page.com/homey-holiday-giveaway The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications as contained herein may be disqualified at the Sponsor's sole discretion.

6. Number of Entries: You may enter the Sweepstakes only once and must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the Sponsor's sole discretion.

7. Prizes: One (1) potential winner will receive a Visa gift card in the amount of Two Thousand Five Hundred Dollars and No Cents ($2,500.00), to be purchased by the Sponsor and given directly to the potential winner (the “Prize”). The Sponsor shall solely determine the specifics of the prize and reserves the right to substitute prize(s) of equal or greater value. No cash or other prize substitution is permitted except at the Sponsor’s discretion. The Prize is non-transferable. All prize-related expenses, including without limitation all federal, state, and local taxes, shall be the sole responsibility of the potential winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of the prize constitutes permission for The Sponsor to use the potential winner's name, likeness, and entry for advertising and trade without further compensation unless prohibited by law. 

8. Odds. The odds of winning depend on the number of eligible entries received.

9. Winner selection and notification: The potential Winner of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Potential Winners will be notified via email to the email address they used to enter the Sweepstakes within five (5) days following the winner selection. TheHomeMag shall have no liability for a potential winner's failure to receive notices due to the potential winner's spam, junk e-mail, or other security settings or for the potential winner's provision of incorrect or otherwise non-functioning contact information. If the selected potential winner cannot be contacted, is ineligible, fails to claim the Prize within forty-eight (48) hours from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, the prize may be forfeited, and an alternate potential winner selected. If necessary, an Alternative Winner will be chosen by the same process and subject to the same requirements outlined in this section.

The receipt by the potential winner of the Prize offered in this Sweepstakes is conditioned upon compliance with all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY POTENTIAL WINNER, AT THE SPONSOR'S SOLE DISCRETION, WILL RESULT IN SUCH POTENTIAL WINNER'S DISQUALIFICATION AS POTENTIAL WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS POTENTIAL WINNER WILL BE IMMEDIATELY TERMINATED.

11.   Rights Granted by You: By entering this Sweepstakes, you understand that the Sponsor, anyone acting on behalf of the Sponsor, or its respective licensees, successors, and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and potential winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

12. Termination of Sweepstakes: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, the Sponsor may select the recipients from all eligible entries received before and after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.

The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to, multiple entries from the same user from different IP addresses; multiple entries from the same computer above that allowed by sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering.

Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person, including the recovery of all attorneys’ fees and costs in the seeking of such damages to the fullest extent permitted by law.

13. Disclaimer for Errors: The Sponsor is not responsible for, nor do these rules create any right to a cause of action or damages, any printing, technical, or other similar type of error in selecting the potential winner in this Sweepstakes. Further, the Sponsor reserves the right to cancel all or part of the Sweepstakes and declare a potential winner ineligible for any such error contained herein.

14. Consent for Communications: By entering the Sweepstakes, you are providing your signature to consent to receive marketing emails and text alerts from TheHomeMag, even if such communications are considered advertisements, and you confirm that you are the subscriber or customary user of any phone number or e-mail address you submit. Text alerts may be sent using an automated dialing system. Your consent is not a condition of purchasing goods or services or winning the Sweepstakes. Your consent may be revoked at any time by responding STOP to any SMS text alert you receive, by clicking the unsubscribe link within future e-mail messages from TheHomeMag, or by contacting TheHomeMag to unsubscribe at marketing@thehomemag.com. Message and data rates may apply. By clicking Submit, you agree to send your info to TheHomeMag, who agrees to use it according to their privacy policy. View TheHomeMag Privacy Policy by clicking here. https://www.thehomemag.com/privacy

15.   Limitation of Liability: By entering, you agree to release and hold harmless The Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; and (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.

16. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, you agree that all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resorting to any form of class action, exclusively before a court located in Lee County, Florida. Further, in any such dispute, under no circumstances will the participant be permitted to obtain awards for and waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than the participant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

17. Recovery of Attorney’s Fees: If any action is brought in connection with any dispute arising out of the Sweepstakes or claims that are the subject of the Sweepstakes, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in such litigation, in addition to any other relief to which that Party may be permitted by law. 

18. Privacy Policy:  Information you submit to the Sponsor associated with the Sweepstakes is subject to the Privacy Policy on TheHomeMag Web Site. To read the Privacy Policy, click here.

19. Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to:

TheHomeMag

1732 SE 47th Terrace,

Cape Coral, FL 33904

 All requests must be received no later than February 4, 2025.

20. Amendment of Rules: These rules shall not be altered, amended, or modified by oral representation made before or after the execution of this Agreement. All modifications must be in writing and posted on the Sponsor’s website at the following link. [https://www.thehomemag.com/homeyholidaygiveaway].

21. Indemnification: You release and agree to indemnify TheHomeMag, their respective affiliates, subsidiaries, advertising and promotion agencies from all liabilities and expenses (including legal fees and costs, whether incurred in (a) defending against claims or (b) enforcing its rights under these Rules) brought forth by any potential winner or any other participant in the Sweepstakes that may arise from TheHomeMag’s actions taken by the Sweepstakes, or claims arising from any use of the Prize.

22. No Endorsement: This promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Pinterest, LinkedIn, or Google. You understand that you are providing your information to the Sponsor of this sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Pinterest, LinkedIn, or Google. 

23. Interpretation of Rules: The Sponsor has the exclusive power to interpret these rules, and the Sponsor’s decision regarding all matters related to the Sweepstakes is final and binding on all participants.