LOWE’S BLACK FRIDAY DIGITAL GIFT CARD PROMOTION – PACIFIC TIME ZONE

OFFICIAL RULES (“RULES”)

 

 

NO PURCHASE OR TEXT NECESSARY TO PARTICIPATE OR WIN. A PURCHASE OR TEXT WILL NOT INCREASE YOUR CHANCES OF WINNING. GIFT CARD QUANTITIES LIMITED, WHILE SUPPLIES LAST. SEE BELOW FOR AVAILABLE QUANTITIES.

 

1. ELIGIBILITY: The Lowe’s Black Friday Digital Gift Card Promotion (“Promotion”) is open only to legal U.S. residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of participation. Employees, officers and directors of Lowe’s Companies, Inc. (“Sponsor”), its parent, subsidiary, and affiliated companies, advertising, promotion or production agencies, Web masters/suppliers, and their IRS dependents, immediate family members (spouse, parents, children, siblings and each of their respective spouses, regardless of where they reside), and individuals residing in their same household (whether or not related) are not eligible to participate. By participating, participants agree to these Rules and the decisions of Sponsor which are final and binding in all respects. Void where prohibited.

 

2. PROMOTION PERIOD: The Promotion begins at 6:00:00 a.m. Pacific Standard Time (“PST”) on November 23, 2018 and ends at 8:00:00 a.m. PST on November 23, 2018. The computer of Sponsor's Web master is the official time-keeping device of the Promotion.

 

3. HOW TO PARTICIPATE:

 

(a) Text Message: While at any Lowe’s store, look for the Promotion signage containing a keyword for you to text to participate in this Promotion. Next, use your SMS-enabled mobile phone to text that keyword to short code 78133. Follow the prompts to provide your email address and agreement to these Rules via text message (“Submission”). By texting the Keyword to 78133, you expressly authorize Sponsor to send you automated text messages, related to this Promotion, to your mobile phone number. Upon receipt of a valid email address and your agreement to these Rules, you will receive a text message instructing you to visit a promotional Website which will reveal your randomly assigned Gift Card, (while supplies last). See Section 4 for Gift Card details. Participants must have a mobile phone with text messaging capabilities to participate by text message. Participants participating in this Promotion via text message may incur a standard text message charge from their wireless service provider for each message sent and received. Check with your wireless service provider for details on these and other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate. A participant may, at any time, choose to not receive further text messages by sending an opt-out text message stating STOP to 78133. If a participant sends an opt-out text message, he/she will be sent a reply text message which will confirm that he/she has been unsubscribed and will receive no further text messages. For help, text the word HELP to 78133.

 

All information submitted by participant is subject to, and will be treated in a manner consistent with, Sponsor’s Terms of Use and Privacy Policy accessible at: www.lowes.com/privacy.

 

(b) Toll-Free Call: Call the toll-free number as stated on the in-store Promotion signage and follow the automated instructions to provide your email address and mobile phone number (also, a “Submission”) after agreeing to these Rules. Participants may opt to speak with a live operator to provide their email address and mobile phone number (also, a “Submission”). The randomly assigned Gift Card (while supplies last) will be delivered via email within fourteen (14) days of participating via Toll-Free Call.

 

All Submissions are subject to verification by Sponsor, in Sponsor’s sole discretion. Limit one (1) Submission per person/email address/household/mobile phone number for the Promotion. For clarity: This Promotion is being offered in six different time zones and you are only eligible to (i) submit one (1) Submission for the Promotion and (ii) receive one (1) Gift Card for the Promotion. You may only participate in the Promotion in one (1) time zone.

 

Each Submission (via text message or toll-free call via automated operator) must be manually entered by the individual participant; automated and/or repetitive electronic Submissions (including but not limited to Submissions made using any script, macro, bot or promotional service) will be disqualified and transmissions from these or related phone numbers may be blocked. Additionally, use of multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulation of such information or any attempt to participate in more than one (1) time zone, for the purpose of obtaining more than one (1) Gift Card for the Promotion, is prohibited and such persons will be disqualified, all Submissions shall be deemed invalid, and any Gift Card assigned to such individual shall be forfeited.

 

4. GIFT CARD DETAILS: One (1) Lowe’s Gift Card randomly awarded via automated text message or email to the mobile number or email address associated with the Submission (subject to verification and method of participation). The amount of the Lowe’s Gift Card will range between $5.00 and $500.00 (as set forth in more detail below). Quantities limited, while supplies last. See table below for available quantities. Odds of receiving a Gift Card depend on the number of Submissions received and the order in which they are received. If you win a Gift Card, odds of receiving a specific Gift Card denomination are set forth in the table below. Limit one (1) Gift Card per person/email address/household/mobile number for the Promotion. NOTE: First come. First served. Gift Cards available while supplies last. Your Gift Card can be used for any online or in-store Lowe’s purchase. Just enter your card number and PIN during check out at Lowes.com, or present it to your Lowe’s associate at the register. Gift Card is not a credit/debit card and has no implied warranties. Gift Card is not redeemable for cash unless required by law, cannot be used to purchase any other retailer or third-party gift card, or to make payments on any charge account. Lowe’s reserves the right to deactivate or reject any Gift Card issued directly or indirectly in connection with fraudulent actions, unless prohibited by law. Gift Card will be void if altered, defaced, or sold, unless prohibited by law. Returns of in-store purchases made with the Gift Card will be refunded to a Lowe’s In-Store Credit card, which can be redeemed for in-store purchases only and is not available for use on Lowes.com or telephone orders. Valid in US only. For Gift Card balance information call: 1-800-560-7172.

 

Time Zone

Gift Card Allocation / Gift Card Amount and

Odds of Receiving a Specific Gift Card Denomination

$5

Odds

$10

Odds

$25

Odds

$100

Odds

$500

Odds

PST

57,647

9 in 10

4,804

3 in 40

929

1 in 69

512

1 in 125

160

1 in 400

 

Recipient must accept Gift Card as stated, or Gift Card shall be forfeited in its entirety. Total value of all Gift Cards for PST: $490,700. All federal, state and local taxes, if any, on Gift Cards or use of a Gift Card and any other costs and expenses associated with Gift Card acceptance and use not specified herein are solely recipient's responsibility. Unclaimed Gift Cards will not be awarded.

 

5. GENERAL CONDITIONS: As a condition of participating, participants agree (and agree to confirm in writing, if requested): (a) to release and hold harmless Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) and that such Released Parties shall have no liability whatsoever for and against any liability for any injuries, losses or damages of any kind to person(s) including, without limitation, death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Gift Card or participation in this Promotion or any Promotion-related activities; and (b) that, except where legally prohibited, such recipients grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law.

 

6. RECIPIENT NOTIFICATION AND VERIFICATION: Neither Sponsor, nor any of its affiliates are responsible for suspended or discontinued wireless or online service which may result in a potential recipient not receiving a Gift Card notification; nor are Sponsor or any of its affiliates responsible for any change in participant's email address. If (i) a potential recipient does not respond to the Gift Card-claim instructions as stated within the text message or email, (ii) a potential recipient cannot be verified, or (iii) a potential recipient is otherwise unable to accept the Gift Card as stated, the applicable Gift Card will be forfeited. If any Gift Card is returned as undeliverable, Gift Card will be forfeited and Sponsor shall have no further liability to award that Gift Card. Any communication between participant and Sponsor or its agencies regarding this Promotion (e.g. phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. 

 

No more than the stated number of Gift Cards will be awarded. In the event that a programming, production, seeding or printing error or any other reason causes more than the stated number of Gift Cards, as set forth in these Rules, to be made available, offered and/or claimed, Sponsor reserves right to award only the stated number of Gift Cards. Screen shots are not proof of obtaining a Gift Card.

 

7. LIABILITY LIMITATIONS: Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered Submissions, text messages or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (“ISP”), Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of a Submission or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Promotion or otherwise attempt to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Released Parties are not responsible for injury or damage to participant's or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the promotional Website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Submissions, Sponsor reserves the right, at its sole discretion, to suspend, modify or terminate the Promotion, and select the potential recipient(s) in a random drawing from all non-suspect, eligible Submissions received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, human error, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction of any equipment used for this Promotion. In case of a dispute, the authorized account subscriber of the email address used to participate in the Promotion at the actual time of participation will be deemed to be the participant and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned the email address or mobile number by the ISP or other organization responsible for assigning email addresses or mobile numbers. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF RELEASED PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

 

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

8. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Promotion 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 North Carolina 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 (60) 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 PARTICIPANT’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 PARTICIPATE IN THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN SPONSOR’S PROMOTION, EACH PARTICIPANT AND GIFT CARD RECIPIENT AGREES (AND AGREES TO CONFIRM IN WRITING IF REQUESTED) 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 PROMOTION, OR ANY GIFT CARD AWARDED INCLUDING ANY TRAVEL OR GIFT CARD ACTIVITY RELATED THERETO, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR GIFT CARD RECIPIENT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND GIFT CARD RECIPIENT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.

 

9. GOVERNING LAW AND JURISDICTION: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’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 North Carolina without giving effect to any choice of law or conflict of law rules, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in Charlotte, North Carolina. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Charlotte, North Carolina.

 

10. SPONSOR: Lowe’s Companies, Inc., 1000 Lowes Blvd, Mooresville, NC 28117.