84 Lumber Announces Golf Bag Giveaway Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN THREE (3) DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”). 

BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES  LICENSE TO SPONSOR FOR USE OF YOUR ENTRY COMMENT, INDEMNITIES TO THE SPONSOR FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS-ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.

OVERVIEW: The Golf Bag Giveaway Sweepstakes (“Sweepstakes”) is sponsored by 84 Lumber Company (“Sponsor”). 

The Sweepstakes begins at 9:00:00 a.m. Eastern Time (“ET”) on April 12th, 2021, and ends at 8:59:59 a.m. ET on April 19th, 2021 (“Sweepstakes Period”) and consists of two separate random drawings. If you satisfy the eligibility requirements (described below), you may enter the Sweepstakes by following all of the steps set forth in Sponsor’s designated Sweepstakes Invitation Posts (defined below) on Instagram, as more fully described in the “How to Enter” section below. Following the conclusion of the Sweepstakes Period, Sponsor will select one (1) winner from among all eligible entries received for the Invitation Post. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. Instagram may also be referred to in these Official Rules as the “Social-Media Platform.”

ELIGIBILITY: This Sweepstakes is open only to legal residents of any one (1) of the fifty United States or the District of Columbia (“Territory”) who are at least eighteen (18) years old as of the date of entry and who are registered users of Instagram in good standing throughout the Sweepstakes Period and prize fulfillment process. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, with Instagram, the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible.  This Sweepstakes is void outside of the Territory and where prohibited by law.

HOW TO ENTER: During the Sweepstakes Period, Sponsor will post one invitation to its official Instagram account (@84Lumber) inviting eligible entrants to enter the Sweepstakes (an “Invitation Post”). If you meet the eligibility requirements, you can enter by completing the following steps (“Entry Steps”):

Instagram Post (“Invitation Post”) on April 12th, 2021:

  • Follow @84Lumber on Instagram.
  • “Like” the Invitation Post.
  • Comment on the Invitation Post by tagging friend.

Each comment submitted in accordance with the above instructions is an “Entry Comment.” Your Instagram page must be set to “public” and you must complete all of the Entry Steps in the Invitation Post during the Sweepstakes Period to earn one (1) entry into the Sweepstakes. You may obtain additional entries into the drawings by entering additional Entry Comments on the Invitation Post, however Entry Comments that are duplicative, as determined in Sponsor’s sole discretion, will not result in valid entry. Any text or other content you submit as part of an Entry Comment is referred to collectively in these Official Rules as your “Entrant Content.” All Entrant Content must comply with these Official Rules (including, without limitation, the Submission Requirements section below) and any terms and guidelines applicable to your use the applicable Social-Media Platform (e.g., Instagram’s Terms of Use (https://help.instagram.com/478745558852511)). Your completion of the Entry Steps will not be deemed an entry in the Sweepstakes until Sponsor verifies that you have met all requirements of these Official Rules; but the substantive content of the Entry Comment will not otherwise affect your chances of winning.

All Entry Steps must be completed and identifiable by Sponsor during the Sweepstakes Period or entry will be void.  Entries are “received” when the Social-Media Platform’s database records the completed Entry Comments, and “like” is viewable by Sponsor. Other proof of submitting an entry (such as a printed or copied screenshot) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Sponsor’s clock will be the official timekeeper for this Sweepstakes. Your Entry Comments must remain active on the Social-Media Platform and viewable to Sponsor through winner selection and prize award for this Sweepstakes. Purported Entry Post “likes” and Entry Comments that are not both actually visible and received by Sponsor during the Sweepstakes Period will not be entered into the Sweepstakes. Each entrant must be the rightful owner of the Instagram account utilized for entry.

Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries must be submitted and received by Sponsor during the Sweepstakes Period through the Social-Media Platform and in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required content in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Purported entries that are incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged. Entries made on your behalf by another, made by you on behalf of any other individual, or made by any entity, and/or originating at or using any web site or online service not operated by Instagram as part of the platform, including, without limitation, commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified for this Sweepstakes.  As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules.

SUBMISSION REQUIREMENTS: Your Entrant Content must meet all of the requirements in these Official Rules, including the following, or the associated entry will be disqualified:

  • If your Entrant Content mentions or depicts any identifiable person other than you – including, without limitation, the person you tag in your Entry Comment 2 – you agree that (a) such person is 18 years old or older and the age of majority in his or her state of residence and you have that person’s approval to include her or his name (and, if applicable, likeness or image) in the Entrant Content and submit it in this Sweepstakes and can provide Sponsor proof of that approval in writing upon Sponsor’s request and within the timeframe requested or (b) such person is your own minor child or ward and you are capable of granting such approval on behalf of her or him.
  • All aspects of the Entrant Content must be originally created by and solely owned by you (or be in the public domain). Except for materials in the public domain, all third-party content and content unoriginal to you is prohibited. 
  • Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
  • Entrant Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of Sponsor.
  • Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.  
  • Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (include trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Released Party or any other party. Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations.
  • Entrant Content must be suitable for presentation in a public forum.
  • Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
  • You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content permitted under these Official Rules will not violate any agreement to which you are a signatory or party.
  • To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content permitted under these Official Rules.

Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes any entrant whose Entrant Content refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or does not comply with any provision of these Official Rules (including the above Submission Requirements), all as determined by Sponsor in its sole discretion.

ODDS AND WINNER SELECTION/NOTIFICATION: There will be one (1) prize winner. One (1) prize winner will be selected in a random drawing from among all eligible entries received for Invitation Post in this Sweepstakes. The drawings will take place within approximately one (1) business day following the close of the Sweepstakes Period. Odds of winning a prize depend on the number of eligible entries received for each Invitation Post.

Within approximately one (1) business day of the prize drawing, Sponsor will attempt to contact the potential winners by tagging the each potential winner in an Instagram story. In addition to the Instagram story tag, Sponsor may also elect (but is under no obligation) to attempt to contact the potential winner using Instagram’s direct message feature. The potential winner will be required to respond to Sponsor as instructed within seventy-two (72) hours of Sponsor attempting to contact the potential winner as described above and provide their mailing address using Instagram’s direct message feature. Entrants are encouraged to monitor their Instagram accounts for correspondence from Sponsor.  If you enter via Instagram and are not a follower of Sponsor’s @84Lumber account on Instagram, you may have to affirmatively accept a direct message sent by Sponsor.

If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond according to the notification’s or Sponsor’s instructions or otherwise fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting).  Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant.  To claim a prize, each potential winner must follow the directions in his or her notification.  Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.

Potential prizes winner may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable) and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents, if applicable (collectively, “Prize Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within five (5) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected. The prize claim and Prize Winner Documents are subject to verification by Sponsor.  The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, in which case that prize may go unawarded.

PRIZES & APPROXIMATE RETAIL VALUE (“ARV”):

One (1) winner will each receive an 84 Lumber embroidered Adam’s Golf Golf Bag and 7 golf clubs following winner verification.

Approximate retail value (“ARV”) of each prize: $300.00

All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner. Winner will receive an IRS Form 1099 for the ARV of the prize. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.  Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason.  Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion.  No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize. If winner is a minor, the prize will be awarded to the winner’s parent or legal guardian and any required Winner Documents must be completed by the parent or legal guardian or prize will be forfeited.

LICENSE: By entering the Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display her or his name, Entrant Content, photograph, likeness, voice, prize information, biographical information, any quotes attributable to her or him and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to her or him, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, Instagram direct message, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind (including, without limitation, Instagram direct messages that require entrant to actively accept the message in order to access it), or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages.  Released Parties are not responsible, and may disqualify you, if your email address, Instagram account, or other contact information does not work or is changed without prior written notice to Sponsor.  Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic or pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.

GENERAL RULES: Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winner, and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any Social-Media Platform account or other identifiable source if any suspicious entry and/or participation is detected.  Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.  In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion.  Entrants waive any right to claim ambiguity in the Sweepstakes structure or these Official Rules.  If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The Released Parties are not responsible and will have no liability for any purported Entry Comment or other content that is removed from the Social-Media Platform for any reason at any time, including removal by Instagram of content that would otherwise qualify as an Entry Comment in response to such content being “flagged” or reported as inappropriate. The invalidity or unenforceability of any provision of these Official Rules will 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 will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties are not responsible for any changes to or unavailability of the Social-Media Platform that may interfere with the Sweepstakes (including any limitations, restrictions, or conditions placed upon Sponsor’s ability to use such Social-Media Platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prizes from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.  In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the email address associated with the Instagram account used at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS.  IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW/DISPUTES/ARBITRATION: These Official Rules and participation in the Sweepstakes shall be governed by the law of the State of Pennsylvania, excluding its conflicts of laws principles. The arbitration proceedings shall be governed by federal arbitration law and by the JAMS (defined below) rules.

BOTH YOU AND SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

Except for disputes relating to the infringement of your or Sponsor’s intellectual property (such as trademarks, trade dress, copyright and patents) or where you or Sponsor is seeking injunctive relief (the “Excluded Disputes”), you and Sponsor each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Sweepstakes will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence) or your hometown (but only if required by the JAMS Rules). The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Eighty Four, Pennsylvania. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any of your travel or other costs to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Sweepstakes or any other property of Sponsor.

PRIVACY: As described elsewhere in these Official Rules, Sponsor collects certain information from Entrants, including personal information of individual Entrants, for purposes of administering the Sweepstakes and complying with applicable laws, regulations, and rules. By participating in the Sweepstakes, Entrant gives consent for Sponsor and its agents to use and provide such personal information (e.g., name, Instagram username, contact information), and other information and content provided by Entrant in connection with the Sweepstakes, to third parties for purposes of administering the Sweepstakes and complying with applicable laws, regulations and rules. In addition, certain information about each Entrant and each Entrant’s Entrant Content, may be publicly visible on Instagram and elsewhere as posted or made available by Sponsor, and Sponsor may use such information to communicate with Entrants about the Sweepstakes status, or for advertising, trade, publicity, and promotional purposes according to the rights granted in these rules and other Sweepstakes-related documents. By participating in the Sweepstakes, each Applicant agrees to the 84 Lumber Privacy Policy: https://www.84lumber.com/privacy-policy.

Your participation may require you to log into third party Social Media Platform account(s). Doing so may allow us to collect (or the third party to share) information about you. The information collected and stored by the third party remains subject to the third party’s privacy practices, including, without limitation, whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service. Sponsor is not responsible for the privacy or other practices employed by any third party.

WINNER’S LIST/OFFICIAL RULES: A copy of these Official Rules is available online during the Sweepstakes Period by visiting here. For information about who won, send a self-addressed, stamped envelope to: “84 Lumber Golf Bag Giveaway – Who Won?, Attn: Marketing Department, 84 Lumber Company, 1019 Route 519, Eighty Four, PA 15330.” Requests for winner information must be received no later than three (3) months after the end of the Sweepstakes Period.

SPONSOR: 84 Lumber Company, 1019 Route 519, Eighty Four, PA 15330.

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