Consumers purchasing any furniture item or other merchandise described below (“No Hitter Merchandise”) at a Jordan’s Furniture, Inc. (“Jordan’s” or “Sponsor”) store location or online at Jordans.com between April 14, 2021 and May 16, 2021 will receive a rebate of the purchase price paid for No Hitter Merchandise if and only if the Boston Red Sox® pitch a “no-hitter,” as defined by Major League Baseball, between August 3, 2021 and October 3, 2021 (the “Rebate”). Major League Baseball defines a no-hitter as a game in which a pitcher (or pitchers) allows no hits during the entire course of a game, which consists of at least nine innings. For the avoidance of doubt, a game of fewer than nine innings in which a pitcher (or pitchers) allows no hits will not be considered a “no-hitter.” In a no-hit game, a batter may reach base via a walk, an error, a hit by pitch, a passed ball, or a wild pitch on strike three, or catcher’s interference. A no-hitter does not imply a shutout or even a Boston Red Sox® win. Any no-hitter that completes nine innings but is forced to extra innings can only remain a no-hitter if no hits are given up by a Boston Red Sox® pitcher in the extra innings. The Rebate is subject to all of the following terms and conditions:
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED
EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST JORDAN’S
FURNITURE, INC. TO BINDING AND FINAL ARBITRATION. UNDER THE
ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE
CLAIMS AGAINST JORDAN’S FURNITURE, INC. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY
BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. No Hitter Merchandise Description. No Hitter Merchandise includes any
Jordan’s merchandise item (furniture, mattresses, accessories or other).
Does not include merchandise sold in Jordan’s Colossal Clearance Center,
service items, gift cards, Fuddruckers, Richardson’s Ice Cream, Walpole
Outdoors, BeanStalkTM or ITTM Adventure Ropes
Courses, Blaze Pizza, or ScoopIt, IMAX® Theater, or MOM purchases.
2. No Hitter Merchandise Purchase and Delivery.
- No Hitter Merchandise must be ordered in person or by telephone from a
Jordan’s store location or online at Jordans.com on a firm written sales
order dated between April 14, 2021 and May 16, 2021 (the “Purchase Period”)
with a deposit of at least 30% of the purchase price. Sales quotations are
not valid for purposes of this Rebate offer. The Jordan's Credit Card may
be used to purchase qualifying No Hitter Merchandise, but the use of the
Jordan's Credit Card or any particular promotional financing offer is NOT
required to participate in the No Hitter promotional offer. Customers
should retain a copy of the sales order for their records.
- Customers must take delivery of No Hitter Merchandise between April 14,
2021 and August 1, 2021. If delivery of No Hitter Merchandise is delayed
past August 1, 2021 due to Jordan’s inability to supply such No Hitter
Merchandise, such No Hitter Merchandise will be eligible for the Rebate if
customer takes delivery within 2 weeks after Jordan’s notifies customer
that such No Hitter Merchandise is available for delivery.
3. The Rebate.
- In the event that the Boston Red Sox® pitch a no-hitter between August 3,
2021 and October 3, 2021, consumers who purchase No Hitter Merchandise
during the Purchase Period will receive the Rebate in an amount equal to
the purchase price paid for No Hitter Merchandise indicated on any
applicable sales order for No Hitter Merchandise purchased during the
Purchase Period, including any furniture protection charges, but excluding state sales taxes, design fees, delivery and set-up fees,
finance charges, and other separately stated fees and charges. In order to
receive the Rebate, the Boston Red Sox® must pitch a no-hitter between
August 3, 2021 and October 3, 2021.
- The Rebate amount will be reduced to reflect any credits, refunds or
other purchase price reductions previously received by customer with
respect to No Hitter Merchandise. Sales orders with applied coupons or
other offers, excluding promotional financing offers on the Jordan's Credit
Card, are not eligible.
- The Rebate will be paid by check issued only to original customer
who purchased No Hitter Merchandise according to the applicable
sales order. The Rebate is not transferable, no exceptions. The
Rebate will not be applied to the original form of tender.
Customers must continue to pay any amounts owed on a Jordan's
Credit Card or other payment method in accordance with their terms.
4. Payment/Delivery of the Rebate.
- In the event that any No Hitter Merchandise purchase made during the
Purchase Period is returned or cancelled for any reason and other No Hitter
Merchandise is reselected after the Purchase Period ends, the Rebate will
be paid based on reselected No Hitter Merchandise, up to the amount of the
Rebate which would have been payable on No Hitter Merchandise originally
purchased during the Purchase Period.
- The Rebate will be reduced to reflect any credits, refunds or other
purchase price reductions previously received by customer with respect to
No Hitter Merchandise. Sales orders with applied coupons or other offers,
excluding promotional financing offers on the Jordan's Credit Card, are not
eligible.
- In the event of any dispute concerning the Rebate, Jordan’s records with
respect to No Hitter Merchandise will govern.
- The Rebate will be mailed to the original customer at the mailing address indicated on the applicable sales order that may be different than the delivery address indicated on the applicable sales order or such other address as customer may provide by written notice to Jordan’s at 450 Revolutionary Drive, E. Taunton, MA 02718 Attn: No Hitter 2021. Address change notice must be received before September 5, 2021. Jordan’s is not responsible for misaddressed, postage due, lost, late or illegible address change notices. No Rebates will be paid at any Jordan’s store location. Proof of purchase may be required to receive the Rebate.
- If the Boston Red Sox® pitch a no-hitter between August 3, 2021 and
October 3, 2021, allow approximately 6-8 weeks for delivery of Rebate
payment after later to occur of (a) the date on which the Boston Red Sox®
pitch a no-hitter, and (b) the date on which Customers takes delivery of No
Hitter Merchandise in accordance with the terms of Section 2 above.
- Customer is responsible for all federal, state and local taxes relating
to receipt of the Rebate. All expenses and
other costs not expressly stated herein are the sole responsibility of the
customers.
- Jordan’s will not issue any Rebates in the event that the Boston Red Sox®
do not pitch a no-hitter between August 3, 2021 and October 3, 2021 or for
any regular season games cancelled for any reason and not rescheduled and
replayed before October 3, 2021.
- In the event that the Boston Red Sox® pitch more than one no-hitter
between August 3, 2021 and October 3, 2021, Jordan’s Furniture will not
issue more than one Rebate for the applicable No-Hitter Merchandise.
5. Eligibility and General Terms.
- Offer not available to employees of Jordan’s Furniture, Inc.
- Offer cannot be combined with other offers, including sales orders with applied coupons or promotional financing offers greater than 60 months on the Jordan's Credit Card.
- Offer not valid on previous purchases or “Sweet Dreams” mattress
exchanges.
- Jordan’s, the MLB Entities, the issuer of the Jordan's Credit Card and
each of their respective agents, directors, officers, shareholders,
employees, insurers, servants, parents, subsidiaries, divisions,
affiliates, predecessors, successors, representatives, advertising,
promotion, and fulfillment agencies, and legal advisors (the “Released
Entities”), are not responsible for, shall not be liable for, and hereby
disclaim all liability arising from or relating to: (a) errors, omissions,
interruptions, deletions, defects or delays in transmission of information
whether arising by way of technical or other failures or malfunctions,
destruction, loss or alteration of offer materials; (b) failed, incomplete,
garbled, or delayed computer or e-mail transmissions; (c) any condition
caused by events beyond the control of Jordan’s; (d) any injuries, losses,
or damages of any kind arising in connection with or as a result of
participation in the No Hitter offer; or (e) any printing or typographical
errors in any materials associated with the No Hitter offer. Jordan’s
reserves the right, at its sole discretion, to modify or terminate this
offer if any cause beyond Jordan’s reasonable control affects the proper
conduct of this offer. Jordan’s reserves the right to correct errors in
promotional materials and to disqualify any individual who tampers with the
offer process. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THIS OFFER IS A VIOLATION OF CRIMINAL AND CIVIL
LAWS. SHOULD SUCH AN ATTEMPT BE MADE, JORDAN’S RESERVES THE RIGHT TO
SEEK DAMAGES FROM ANY INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE
FULLEST EXTENT PERMITTED BY LAW.
- The MLB Entities shall mean the Office of the Commissioner of Baseball
(“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced
Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC,
the Major League Baseball Clubs (“Clubs”), each of their parent,
subsidiary, affiliated and related entities, any entity which, now or in
the future, controls, is controlled by, or is under common control with the
Clubs or the BOC and the owners, general and limited partners,
shareholders, directors, officers, employees and agents of the foregoing
entities.
- By participating in the No Hitter offer, those receiving a Rebate hereby
release, discharge and hold harmless the Released Entities, and all others
associated with the development and execution of the No Hitter offer, from
any and all losses, damages, rights, claims and actions of any kind arising
out of or relating to the No Hitter offer, participation in the No Hitter
offer, any Rebate and/or acceptance, possession, use or misuse of any
Rebate, including, but not limited to statutory and common law claims for
misappropriation or customer’s right of publicity.
- Offer valid only in the fifty (50) United States and the District of
Columbia (excluding territories and possessions) to individuals who are
eighteen (18) years of age or older as of April 14, 2021. VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
6. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS
YOUR RIGHTS.
- Agreement to Arbitrate. This Section 6 is referred to in these Terms and
Conditions as the “Arbitration Agreement.” You agree that any and all
disputes or claims that have arisen or may arise between you and the
Released Parties in connection with the No Hitter offer, whether arising
out of or relating to these Terms and Conditions (including any alleged
breach thereof), any advertising, any aspect of the relationship or
transactions between us, shall be resolved exclusively through final and
binding arbitration, rather than a court, in accordance with the terms of
this Arbitration Agreement, except that you may assert individual claims in
small claims court, if your claims qualify. Further, this Arbitration
Agreement does not preclude you from bringing issues to the attention of
federal, state, or local agencies, and such agencies can, if the law
allows, seek relief against us on your behalf. You agree that, by entering
into these Terms and Conditions, you and Sponsor are each waiving the right
to a trial by jury or to participate in a class action. Your rights will be
determined by a neutral arbitrator, not a judge or jury. The Federal
Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized
Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER, AND YOU AGAINST ANY MLB ENTITY, ONLY ON AN INDIVIDUAL BASIS AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S
CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF
THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution. Sponsor is always interested in
resolving disputes amicably and efficiently, and most customer concerns can
be resolved quickly and to customer’s satisfaction by emailing customer
support at [email protected]. If such efforts prove
unsuccessful, a party who intends to seek arbitration must first send to
the other, by certified mail, a written Notice of Dispute (“Notice”). The
Notice to Sponsor should be sent to Jordan’s Furniture, Inc., 450
Revolutionary Drive, E. Taunton, MA, Attention: No Hitter Rebate (“Notice
Address”). The Notice must (i) describe the nature and basis of the claim
or dispute and (ii) set forth the specific relief sought. If Sponsor and
you do not resolve the claim within sixty (60) calendar days after the
Notice is received, you or Sponsor may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by Sponsor
or you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or Sponsor is entitled.
- Arbitration Procedures. Arbitration will be conducted by a neutral
arbitrator in accordance with the American Arbitration Association’s
(“AAA”) rules and procedures, including the AAA’s Supplementary Procedures
for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified
by this Arbitration Agreement. For information on the AAA, please visit its
website, http://www.adr.org. Information about the AAA Rules and fees for
consumer disputes can be found at the AAA’s consumer arbitration page,
http://www.adr.org/consumer_arbitration. If there is any inconsistency
between any term of the AAA Rules and any term of this Arbitration
Agreement, the applicable terms of this Arbitration Agreement will control
unless the arbitrator determines that the application of the inconsistent
Arbitration Agreement terms would not result in a fundamentally fair
arbitration. The arbitrator must also follow the provisions of these Terms
and Conditions as a court would. All issues are for the arbitrator to
decide, including, but not limited to, issues relating to the scope,
enforceability, and arbitrability of this Arbitration Agreement. Although
arbitration proceedings are usually simpler and more streamlined than
trials and other judicial proceedings, the arbitrator can award the same
damages and relief on an individual basis that a court can award to an
individual under these Terms and Conditions and applicable law. Decisions
by the arbitrator are enforceable in court and may be overturned by a court
only for very limited reasons.
- Unless Sponsor and you agree otherwise, any arbitration hearings
will take place in a reasonably convenient location for both
parties with due consideration of their ability to travel and other
pertinent circumstances. If the parties are unable to agree on a
location, the determination shall be made by AAA. If your claim is
for $10,000 or less, Sponsor agrees that you may choose whether the
arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an
in-person hearing as established by the AAA Rules. If your claim
exceeds $10,000, the right to a hearing will be determined by the
AAA Rules. Regardless of the manner in which the arbitration is
conducted, the arbitrator shall issue a reasoned written decision
sufficient to explain the essential findings and conclusions on
which the award is based.
- Costs of Arbitration. Payment of all filing, administration, and
arbitrator fees (collectively, the “Arbitration Fees”) will be governed by
the AAA Rules, unless otherwise provided in this Arbitration Agreement. If
the value of the relief sought is $75,000 or less, at your request, Sponsor
will pay all Arbitration Fees. If the value of relief sought is more than
$75,000 and you are able to demonstrate to the arbitrator that you are
economically unable to pay your portion of the Arbitration Fees or if the
arbitrator otherwise determines for any reason that you should not be
required to pay your portion of the Arbitration Fees, Sponsor will pay your
portion of such fees. In addition, if you demonstrate to the arbitrator
that the costs of arbitration will be prohibitive as compared to the costs
of litigation, Sponsor will pay as much of the Arbitration Fees as the
arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive. Finally, if the value of the relief sought is $75,000 or
less, Sponsor will pay reasonable attorneys’ fees should you prevail.
Sponsor will not seek attorneys’ fees from you. But, if you initiate an
arbitration in which you seek more than $75,000 in relief, the payment of
attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any
ruling, decision, or award by the arbitrator, will be strictly confidential
for the benefit of all parties.
- Severability. If a court or the arbitrator decides that any term or
provision of this Arbitration Agreement other than Section 6(b) above is
invalid or unenforceable, the parties agree to replace such term or
provision with a term or provision that is valid and enforceable and that
comes closest to expressing the intention of the invalid or unenforceable
term or provision, and this Arbitration Agreement shall be enforceable as
so modified. If a court decides that any of the provisions of Section 6(b)
is invalid or unenforceable, then the entirety of this Arbitration
Agreement shall be null and void. The remainder of these Terms and
Conditions will continue to apply.
- Future Changes to Arbitration Agreement. Notwithstanding any provision
in these Terms and Conditions to the contrary, Sponsor agrees that if it
makes any future change to this Arbitration Agreement (other than a change
to the Notice Address) while you are a user of the Services, you may reject
any such change by sending Sponsor written notice within thirty (30)
calendar days of the change to the Notice Address provided above. By
rejecting any future change, you are agreeing that you will arbitrate any
dispute between us in accordance with the language of this Arbitration
Agreement.
Questions regarding this offer? Call customer service at 1-866-8JORDANS or
visit www.jordans.com
Fuddruckers® is a registered trademark of Fuddruckers, Inc.
Richardson’s Ice Cream® is a registered trademark of Richardson’s Ice Cream
Walpole Outdoors® is a registered trademark of Walpole Woodworkers
BeanStalkTM and ITTMAdventure Ropes Course are
trademarks of Sky Trail Massachusetts, LLC.
Blaze Pizza® is a registered trademark of Blaze Pizza LLC
IMAX® is a registered trademark of Imax Corporation.
Major League Baseball trademarks and service marks are proprietary to the
MLB Entities. All rights reserved.
THE NO HITTER OFFER IS NOT ENDORSED BY, ASSOCIATED WITH, OR
SPONSORED OR ADMINISTERED BY, ANY MLB ENTITY, EXCEPT, THAT JORDAN’S
FURNITURE, INC. IS AN OFFICIAL SPONSOR OF THE BOSTON RED SOX® AND HAS RECEIVED APPROVAL FROM THE BOSTON RED SOX ® FOR THE NO HITTER OFFER.
Copyright 2021 Jordan’s Furniture, Inc.