PermaBilt® Tribute to the 12’s (2/5/14 to 2/16/14)
“Official Contest Rules”
NO PURCHASE IS NECESSARY TO PLAY OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING. INTERNET ACCESS AND A VALID EMAIL ADDRESS AND FIRST AND LAST NAME REQUIRED TO PLAY ONLINE. EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE COMPANY (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE GAME (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION.
CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WERE NOT EDITED BY COMPANY AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF COMPANY IN ANY MANNER.
Company: Town and Country Post Frame Buildings Division of PermaBilt® Industries Inc., (the “Company”)
Company Address: 16521 Highway 99, STE C, Lynnwood, Washington 98037
Telephone: 800 824 9552
Contest Period: 2/15/14 to 2/16/14
I. CONTEST DESCRIPTION.
The “PermaBilt® Tribute to the 12’s (2/5/14 to 2/16/14)” (the “Contest”) consists of an online game (the “Game”) that begins at 6:00:01 p.m. Pacific Time (“PST”) on February 5, 2014 and ends at 11:58:45 p.m. PST on February 16, 2014 (the “Contest Period”). The Contest is only available in Washington State (the “Territory”). The Contest is void where prohibited. The Contest and the Game are governed by the Official Contest Rules.
The website www.time.gov (the “Timer”) is the official timekeeping device for the Contest and Game.
II. WHO IS ELIGIBLE.
2.1 Eligibility. The Contest, including the Game, is open only to individuals who are residents of the Territory, who are eighteen (18) years of age or older on the first day of the Contest Period, and who have liked the Company’s Facebook page (“Participants”). Persons in any of the following categories are NOT eligible to participate in the Game: any person who on or after February 5, 2014, was or is (a) a Company owner, or a director, officer, employee, agent, or independent contractor of the Company; (b) a director, officer, employee, agent, or independent contractor of the Company’s parent companies, subsidiaries, affiliated companies or service agencies; (c) a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of the Contest, or of any entities retained by the Company.
2.2 Agreement to Official Contest Rules. The Contest is conducted in Washington State by the Company, and each person who plays the Game (each “Participant”), unconditionally accepts and agrees to comply with and abide by these Official Contest Rules and the decisions of the Company, which shall be final and binding with respect to all aspects of the Contest in the Territory.
2.3 Compliance with Rules. Winning any prize requires that the potential winner of the prize is, and remains, in compliance with these Official Contest Rules. Until a potential winner is verified to be eligible and in compliance with these Official Contest Rules, the potential winner is, and will remain, a potential prize winner, unless the potential winner is disqualified for not complying with the Official Contest Rules and/or not being eligible to participate in the Contest. The Company reserves the right in its sole discretion to disqualify any potential winner who the Company determines is not permitted by law to receive a prize. The Company reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason.
III. HOW TO PLAY.
3.1 How to Enter. Enter by visiting the Company’s Facebook page at www.facebook.com/permabilt and follow the contest links, instructions, and complete the on-line entry during the Contest Period. Deadline for entry is 11:58:45 p.m. PST on February 16, 2014. One entry per person per day, per Contest Period. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.
3.2 Winner Selection. On or about February 17, 2014 the Company will identify the winner by random selection of entries received. The winner will be contacted by the Company via email within 30 days of the Contest end date. (See Claim Details/Deadlines/Restrictions).
4.1 Prize. ONE (1) Grand Prize Winner will receive a $500 Amazon gift card.
4.2 Odds. The odds of winning a prize will vary depending on the number of entries submitted.
4.3 Details. Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable. No more than the advertised number of prizes will be awarded.
V. PRIZE CLAIM REQUIREMENTS
5.1 Claim Deadline. A potential winner will receive an email with information to claim the prize by February 20, 2014. The Company will also contact a potential winner via telephone, mail and/or email with any additional instructions and Prize Claim Documents for the prize claim. Once the potential winner follows the instructions provided in the email and completes the Prize Claim Documents to claim the prize, the claim must be submitted by mail for verification to the Company for receipt no later than February 28, 2014. The verification of any prize valued at $600 or more will require the potential winner to submit their social security number. Upon completion of verification, the Company will contact the winner to initiate the prize awarding process or to notify the potential winner that he/she is not eligible to receive the prize. If the Company so elects, a potential prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility, security requirements set by the Company and to help ensure that the use of any such person in advertising or publicity for the Contest will not bring the Company into public disrepute, contempt, scandal or ridicule, or reflect unfavorably on the Contest or the Company as determined by the Company in its sole discretion.
5.2 Prize Claim Documents. The documents necessary to claim a prize (the “Prize Claim Documents”) may include but not be limited to: a Declaration or Affidavit of Eligibility (as solely determined by the Company), Release of Liability and, where lawful, a Publicity Release, a Federal form W-9 for tax filing purposes (for the year a prize is received), and such other documents as may be determined by the Company. All Prize Claim Documents must be returned to the Company for receipt by February 28, 2014. Prizes that ship will ship in approximately 6-8 weeks from date of verification. If verification results in forfeiture, you will not receive the prize. For any buildings awarded, the Company will coordinate delivery and construction.
5.3 Conditions for all Prizes. PRIZES NOT CLAIMED OR THAT ARE FORFEITED WILL NOT BE AWARDED, EXCEPT THE GRAND PRIZE WHICH WILL BE AWARDED TO AN ALTERNATE WINNER. All details and other restrictions of prizes not set forth in these Official Contest Rules will be determined by the Company in its sole discretion and will be provided to the applicable prize winner upon award of the prize. No interest will be paid on any cash prizes. No cash alternative or substitution of any prize will be provided (other than as may be expressly provided in the prize descriptions above), except the Company, in its sole discretion, reserves the right to substitute a prize of equal or greater value if any prize cannot be awarded as described due to unavailability for any reason. Prizes will be delivered only to an address in the Territory stated in the claim information completed by winner. All income taxes (including, without limitation, federal, state, and/or local income taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of respective winners. A Federal Form 1099 will be issued for any prize valued at $600 or more, for the tax year the prize is received. If required by law, the Company reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not stated for any prize are the sole responsibility of the winner. If a potential winner cannot accept a prize as stated, that prize will be forfeited in its entirety and, if the Grand Prize, awarded to an alternate winner.
5.4 Conditions for Prize Claim Documents. All Prize Claim Documents received after the applicable redemption deadlines shall be deemed VOID and will be ineligible for prizes. Prize Claim Documents that are complete and duly submitted to the Company within the applicable redemption period will be verified within six (6) to eight (8) weeks after the Prize Claim Documents are received, or as soon thereafter as reasonably practical, and once verified, prize winners may either be notified by regular mail, telephone or email with prize delivery information or the prize will ship directly to the winner. If any potential prize winner fails or refuses to properly sign and return all Prize Claim Documents by the redemption deadline, or if the Prize Claim Documents or a prize is returned as unclaimed or undeliverable to any potential winner, such potential prize winner will be disqualified and/or otherwise forfeit their prize. If a prize winner makes any false statement in any Prize Claim Document, in the Game, or in the Contest, or if it is discovered that a winner has tampered with the Contest, the winner will be required to promptly return to the Company upon demand their prize(s) or, at the Company’s option, the cash equivalent of the prize(s) based on the ARV. The submission of Prize Claim Documents is solely the responsibility of each Participant. If any potential winner declines a prize, is found to be ineligible, or fails to comply with these Official Contest Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received.
VI. GENERAL RELEASE AND CONDITIONS
Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. The Company and its respective parent companies, subsidiaries, affiliates, franchisees, retailers, local advertising cooperatives, advertising/promotion agencies, and all of its respective directors, officers, employees, representatives, and agents (individually and collectively “Game Entities”) are not responsible for: (a) incomplete, illegible, misdirected, late, lost, damaged, stolen, non-delivered, or postage-due submissions of Prize Claim Documents or materials, or any mail; (b) any damage to an entrant’s or other person’s computer system or digital device which is caused or occasioned by participating in the Game or claiming a Game prize; (c) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, Digital Device or Wireless Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Game; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, email or cable transmissions or hardware or software or program or programming malfunctions, failures or difficulties; (e) any technical malfunctions, failures, or difficulties, printing errors, color discrepancies, clerical, typographical or other error in any printed copy or artwork, any prize offering announcement or any Prize Claim Documents; or (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Game or Contest; or (h) the incorrect or inaccurate capture of information, or the failure to capture or loss of any information. Proof of mailing Prize Claim Documents of any kind or nature does not constitute proof of delivery. Prize Claim Documents submitted become the sole property of the Company and will not be returned. The Company shall not be responsible to correspond with Participants. By participating in the Game each Participant hereby releases and agrees to hold the Game Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Game, Contest, or any Game-related and/or travel-related activity, or participation in any prize-related activities, or the receipt, use or misuse of any prize. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize. By submitting Prize Claim Documents, each verified winner hereby agrees and grants the Company the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the universe for advertising, commercial and promotional purposes in connection with the Game, Contest, and other promotions without further compensation (except where prohibited by law), and releases the Game Entities from any liability with respect thereto.
VII. DISCLAIMER OF WARRANTIES.
THE GAME ENTITIES MAKE NO WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE GAME OR CONTEST. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND THE GAME ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
8.1 Tampering and Disqualification. The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who the Company determines (in its sole discretion) is or is attempting to: (i) tamper with the Company’s Website, Facebook page and/or any part of the Contest; (ii) attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or the Game Entities; and/or (iv) otherwise violating these Official Contest Rules. Any attempt to deliberately damage the Company’s website, Facebook page (or any part thereof) or undermine the operation of this contest may be a violation of criminal and civil laws. Should any such attempt be made, the Company and its licensees (if any) reserve the right to seek damages and any other available remedies from any such person(s) responsible for any such attempt to the fullest extent permitted by law. If, in The Company’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Contest, the Company reserves the right to void suspect entries or votes and/or evaluations and/or terminate the Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified.
8.2 Use of Personal Information. On occasion participant may have the opportunity to opt-in with carefully selected third parties such as promotional partners, who may offer you products and services of interest with your expressed consent. In the event that Participant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Contest, Participant understands and acknowledges that information (including Participant’s personally identifiable information) provided will be collected independently The Company and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Contest, and consent to opt-in will not improve your chances of winning.
8.3 Consumer Created Content. If this Contest includes submitting creative material from the participant (the “Consumer Created Content”). By submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, that the Company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. By submitting any content, entrant acknowledges that his/her content may be posted on the Company’s website or Facebook, in the Company’s discretion. Consumer Created Content: (a) must comply with these Official Rules and any Terms of Service on the Company’s Facebook page; (b) must be uploaded through the format specified on the Facebook page and must comply with the posting requirements set forth above and as posted on the Company’s website; (c) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about the Company or its products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; the Company does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by the Company) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Company; (h) no background artwork should appear in an content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in the content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein; (i) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (j) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Company wishes to associate; and (k) cannot depict, and cannot itself, be in violation of any law. Any waiver of any obligation hereunder by the Company does not constitute a general waiver of any obligation to entrants. The Company reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. The Company reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging or voting period. The Company reserves the right to alter, change or modify the winning content, in its sole discretion. Upon request of Company, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Company, reasonably necessary to establish the ownership of record of the right, title and interest in and to the content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Company fail to request the said assignment as stated, that shall not be deemed a waiver of Company’s rights and Company may at a later time request the assignment.
8.4 Force Majeure. In the event the Company is prevented from continuing with the Contest or Game as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, 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, provincial or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Company’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, the Company shall have the right to modify, suspend, extend or terminate the Contest and Game. Only the type and quantity of prizes described in these Official Contest Rules will be awarded. If, due to printing, digital, computer programming, hardware or software, or production errors or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Contest Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances.
8.5 Severability. If any term or provision hereof, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, such provision shall be reformed to give the greatest possible effect to such provision, and the remainder hereof, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and every other provision of these Official Contest Rules shall be valid and shall be enforceable to the fullest extent permitted by law. Headings and captions are used in these Official Contest Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Contest Rules or any provision hereof. These Official Contest Rules cannot be modified or amended in any way except in writing by a duly authorized representative of the Company.
8.6 Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules or the rights and obligations as between Participant and the Game Entities in connection with the Game or Contest shall be governed by and construed in accordance with the internal laws of the State of Washington including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
8.7 Winners List and Official Rules. For a list of Official Winners whose prize value exceeds $600 (“List”) or a copy of the Official Contest Rules, mail a #10 SASE to the Company at 16521 Highway 99, STE C, Lynnwood, Washington 98037. All requests must be postmarked by December 23, 2014 and received by December 31, 2014. Limit one (1) request per outer envelope. You can also request the List and Official Contest Rules electronically by emailing your request to: email@example.com. The List will be available no sooner than January 1, 2015, and will be sent when the Game is officially over and the prizes have been verified and awarded.
By participating in this Game or Contest, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Game Entities arising out of, relating to, or connected in any way with the Game, the awarding or redemption of prizes, or the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed upon by the Participant and the Company; (3) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Contest Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Game or Contest; (4) the arbitrator shall apply Washington state law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant’s and/or the Company’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the Participant and the Company shall be entitled to recover punitive, incidental and/or consequential damages only to the extent permitted by law; (7) in the event that the administrative fees and deposits that must be paid to initiate arbitration against the Company exceed $125 for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, the Company agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (8) with the exception of subpart (5) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, 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, sub-part (5) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither the Company nor Participant shall be entitled to arbitrate their dispute.