TRANSFORMING WOOD TO STONE DECKS ACROSS AMERICA
Official Rules | Deck Makeover Contest by Silca System
BY ENTERING THE CONTEST YOU AGREE TO RECEIVE EMAIL MESSAGES FROM THE SPONSOR. VOID WHERE PROHIBITED.
Eligibility: The “Deck Makeover Contest” (the “Contest”) is open only to legal residents of the fifty (50) United States, the District of Columbia and Canada, excluding Quebec, who are at least eighteen (18) years old at the time of entry and who have either purchased Silca System brand products as a homeowner or built a deck for a homeowner using Silca System brand products. Employees of Silca System, Inc. and affiliate companies, advertising agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: Silca System, Inc., 14600 Commerce St, Alliance, OH 44601, USA.
Timing: The Contest begins on August 2, 2014 at or about 9:00 a.m. Eastern Time (“ET”). The “Entry” period ends on August 31, 2014 at or about 11:59 p.m. ET (the “Promotion Period”). The The Public Voting period begins on September 1, 2014 and ends on September 15, 2014 at or about 11:59 p.m. ET. Sponsor’s computer is the official time-keeping device for the Contest.
Entering the Contest: During the Promotion Period, visit http://silca.wpengine.com/silca-system-contest/ and follow the instructions to complete and submit the Entry form. All Entries must be in English. By submitting an Entry you represent and warrant that you are the creator of the Entry. Photos may not contain any copyrighted information or inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote violence. Unlimited entries are valid during the Promotion Period. If any individual other than the entrant appears in the Photo, the entrant must have first obtained the written consent, grant of rights, and release of such individual and promptly provide such written consent, grants of rights, and release to Sponsor upon Sponsor’s request.
Grants/Waivers: By uploading a Photo, you irrevocably grant Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited and perpetual right and permission to reproduce, encode, store, copy, transmit, edit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use, or reuse, your Photo or any portion of your Photo in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from you. You understand and agree that although you have granted Sponsor the right to use or reuse your Photo, Sponsor, in its sole discretion, may elect not to. YOU REPRESENT, UNDERSTAND AND ACKNOWLEDGE THAT YOU WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE, POSTING, DISPLAY OR EXHIBIT OF SUCH PHOTO BY SPONSOR (OTHER THAN THE PRIZE THAT MAY BE AWARDED TO THE GRAND OR FIRST PRIZE WINNERS.) You hereby waive all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor’s use of your Photo and agree not to sue or assert any claim against Sponsor arising out of or connected to the use, posting, display or exhibit of the Photo or your participation in this Contest.
Indemnification/Release: You further agree to indemnify and hold Sponsor harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or arising out of your submission, uploading, posting, display or exhibit of your Photo, or your conduct in creating the Photo or other actions in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, work product, violation of an individual’s right of publicity or right of privacy, or defamation. You further agree to release and hold harmless Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes your rights with regard to the Photo or any portion thereof. As stated above, posting or publication of a Photo does not mean that Sponsor has determined the Photo is in compliance with these Official Rules. Photos that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsor in its sole discretion may be disqualified and removed from any website belonging to or controlled by Sponsor at any time.
Selection: Selection of the potential winner will be made on or about August 14, 2014 from all eligible entries. Sponsor will contact the potential winner by email or phone. If the email address is invalid, the notification cannot be delivered or the potential winner cannot be contacted within 48 hours, the potential winner forfeits prize and the Sponsor will select an alternate winner. Winner is announced as soon as commercially reasonable after verification. Sponsor’s decisions are final. In the event of a dispute about the identity of an entrant, entries will be declared made by the Authorized Account Holder of the email used at time of entry. An “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Prizes: The winner will receive one (1) $150 Gift Card valid at Home Depot stores. Winner is responsible for paying all taxes and expenses associated with the prize.
Public Votes: The public will have the opportunity to vote during the voting period of the Contest by utilizing the “Vote” button and following the voting instructions on SilcaSystem.com. You do not have to submit an entry in order to vote. Limit – public voter may only vote once during the Contest. The use of robotic or automatic devices for voting is prohibited. Votes generated by script, macro, additional emails addresses/registrations per same person, or other automated means, or with the intent to impair the integrity of the voting process will be void and Sponsor reserves the right to nullify all such votes and to disqualify from voting the responsible individual.
Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or useor misuse of any prize. The Sponsor is not responsible for (1) typographical errors, misdirected or incomplete entries; or (2) computer or telecommunication system failures or similar disruptions to email services and/or the Internet.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion in a disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that, if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court Northern District of Ohio; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
No Affiliation with Facebook: The Promotions are in no way sponsored, endorsed, or administered by, or associated with, Facebook. You also understand that by using and interacting with www.facebook.com, you are subject to the terms, conditions, and policies that govern the use of Facebook.
Winner List: For a winner list, visit www.facebook.com/SilcaSystem. The winner list will be posted on the Sponsor’s Facebook page after winner confirmation is complete.