Advantage Lumber, LLC, CO. CUSTOMER PHOTO SHOWCASE CONTEST
OFFICIAL RULES
VOID WHERE PROHIBITED
The "//advantagelumber.com/upload/showcase.html" (the "Contest") starts on November 22, 2010, and ends at 11:59 p.m. EST on December 17, 2010 (the "Promotion Period"). The Contest is governed by these Official Rules, is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void wherever prohibited by law.
1. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and District of Columbia (excluding residents of Guam, Puerto Rico and all other U.S. territories and possessions), who are at least 18 years of age or of the age required to enter into a Contest such as this in his/her state of residence at the time of entry. Due to international laws, international entries will be judged separately and a non-cash prize will be awarded by Sponsor. Any individuals who have, within one year prior to the start date of the Contest, performed services for Sponsor, or its parents, subsidiaries, affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Contest or supplying any prize, and the immediate family and household members of such individuals, are not eligible to enter the Contest or win any prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive a prize, you must fully comply with the Official Rules, and by entering you agree to be bound by these Official Rules and the decisions of Sponsor, whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter.
2. HOW TO ENTER: To enter, during the Promotion Period upload your digital photographs at the highest resolution possible, along with the required contact information, including but not limited to first and last name, country, state, & city, contact telephone number (including area code and country code if applicable), e-mail address which will be referred as (your "Entry") herin at //advantagelumber.com/upload/showcase.html. Enter as often as you'd like. Entries will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of the entry. "Authorized account holder" is defined as the natural person to whom an e-mail address is assigned by the Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
3. CRITERIA; WINNER SELECTION: Entries will be drawn from at random to determine winners. Photographs must feature decks, floors or other installs/objects constructed using hardwood lumber.
4. WINNER NOTIFICATION: Potential winner(s) will be notified by e-mail or telephone, using the information provided on his/her entry. Sponsor will then send to potential winner(s) by e-mail, at the e-mail address on his/her entry (or via post if no e-mail address was provided) an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires (the "Affidavit"). In order to redeem his/her prize, potential winner(s) shall sign, have notarized, and return to Sponsor the Affidavit within fourteen (14) days of receipt of the Affidavit. Any person whose image appears in a winning photograph (his/her parent/legal guardian if a resident of a jurisdiction that deems him/her to be a minor) shall sign, have notarized and return to Sponsor a Liability Release, Publicity Release, unless prohibited by law, and any additional Affidavit that Sponsor requires within fourteen (14) days after receipt of such documentation by the potential winner(s). In the event: (a) potential winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) potential winner is found to be ineligible to enter the Contest or receive the prize, (d) potential winner cannot or does not comply with the Official Rules, (e) potential winner's prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) potential winner or person(s) depicted in the photograph fail to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant's e-mail address, telephone number, or home mailing address changes after he/she enters the Contest, it is the entrant's sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
5. PRIZES: Winner will receive a $100 gift card to Target®. All federal, state and local taxes on prizes are the sole responsibility of the winners. Sponsor reserves the right, in its sole discretion, to substitute prizes of equal or greater value. All prizes will be awarded within 90 days of receipt of valid and executed winners' Affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted. By accepting the Prize, Winners agree that these photographs become the property of Sponsor and that Sponsor shall have the perpetual and worldwide right to use the image free of charge, in any manner and in any medium. You agree that all photographs thereby become exclusive property and copyrighted material of Sponsor.
6. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor to use and/or publish winner's full name, city and state of residence, photographs or other likenesses, entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or the Internet, without further limitation, restriction, compensation, notice, review, or approval. By entering the Contest, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Contest and awarding the prizes.
7. USE OF PHOTOGRAPHS; OWNERSHIP: By submitting your photograph, you agree that it becomes the property of Sponsor and that Sponsor shall have the perpetual and worldwide right to use the image free of charge, in any manner and in any medium. You agree that all submitted photographs thereby become exclusive property and copyrighted material of Sponsor. By entering the Contest, you also warrant: (1) you are the original owner of the copyright in the photograph; and (2) you have the consent of all individuals appearing in the photograph for the dissemination of the photograph and shall, at Sponsor's request, obtain any release or other documentation required relating to those individuals. Sponsor reserves the right, at its sole discretion, to reject or remove any photograph that, in its judgment, does not comply with these Official Rules or any other rules of user conduct for Sponsor's website, or is otherwise harmful, objectionable, or inaccurate. Sponsor is not, however, responsible for any failure or delay in rejecting or removing such content. You hereby consent to such removal or rejection without notice to you and waive any claim against us arising out of such rejection or removal of content.
8. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any websites promoting the Contest; (b) acting in violation of the Official Rules. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior
9. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Contest, you agree to release and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related activity and shall indemnify Sponsor against any claims or causes of action based on infringements of intellectual property rights, publicity rights, defamation or invasion of privacy. Entrants and winners acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of prizes or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Erie, New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non convenience or lack of personal jurisdiction they may have.
10. LIST OF WINNERS: Winners announcements will be posted at //advantagelumber.com/upload/showcase.html on or around May 31, 2011.
11. SPONSOR: The Sponsor of the Contest is Advantage Lumber, LLC, Co., 601 Ohio Street, Buffalo, NY 14203.