2022 My Deck Life Contest Official Rules
APPLIES TO PARTICIPANTS RESIDING IN THE U.S. AND CANADA, EXCLUDING QUEBEC. VOID FOR PARTICIPANTS RESIDING ANYWHERE OUTSIDE THE ABOVE-STATED RESIDENCE TERRITORY OR, WHEREVER PROHIBITED. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.
2022 ‘My Deck Life”
1. Eligibility: The Fiberon Decking 2022 ‘My Deck Life’ contest (“Contest”) is open to anyone owning a Fiberon composite or PVC deck[BS1] and 18 years or older (if the age of majority is older than 18, you must be the age of majority within your state or province to be eligible to win) (“Entrant”). Employees, officers and directors of Sponsor, their parent, affiliate and subsidiary companies, the agents and advertising and promotion agencies of each of the foregoing, and members of the immediate families (defined for these purposes as including spouse, biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above, are NOT eligible to enter or win a prize. The Contest is subject to all U.S. and Canadian laws and regulations and are void in Quebec and anywhere outside the 50 United States, D.C. and Canada or, wherever prohibited by law.
2. Sponsor: The Contest is sponsored by Fiber Composites, LLC 181 Random Drive
New London , NC 28127 U.S.A.
3. Agreement to Official Rules and Reassignment of Entry: Participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
4. Entry Period: The Contest begins on July 29th at 3:00:00 pm Eastern Time (“ET”) and ends on September 30th at 11:59:59 pm ET (the “Entry Period”). Entries received outside of the entry period will be disqualified.
5. Online Entry: To enter, an eligible participant must take a photo or video of their Fiberon deck, post on Instagram, tag @fiberondecking and include the hashtag #MyDeckLife. Entrants must have full ownership rights to any photos/videos submitted to be eligible to win. By entering the Contest, Entrants confirm they have all ownership rights to all photos submitted for entry.
Multiple online entries do not increase chances of winning. The Sponsor reserves the right to choose the best photo for the voting round if multiple photos/videos are submitted.
Submissions and photo/videos(s) must be dignified, modest and in good taste, may not have obscene or indecent content, including but not limited to profanity, must not contain any offensive or defamatory statements/references including but not limited to words/images that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, must not include threats to any person, place, business, group or world peace, must not invade privacy, publicity, or other rights of any person, firm or entity, must not portray Sponsor or Sponsor’s brands or products, or any other company’s brands or products in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule, or other reputational harm, and must not in any other way violate any applicable laws, rules or regulations. Sponsor reserves the right to disqualify any submission that, in Sponsor’s sole determination, does not comply with these rules.
6. Voting/Choosing Winners: Voting will open October 4th at 10:00:00am ET and ends on October 14th at 11:59:59 pm ET. The Sponsor will post all the eligible photos, in a random order, in a single Instagram post on the Sponsor account (@fiberondecking) on October 4th at 10:00:00am ET. Votes must be made in the comments section of this Instagram post to be counted. The photo with the highest number of votes during the eligible period will be the first-prize winner, the next highest number of votes will be the second-prize winner. Winners will be announced through comment on the original post on the Sponsor Instagram account and through direct message on or about October 19th as applicable. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. Odds of winning a prize depend on the number of eligible entries received.
Voting is limited to once per day per Instagram account.
7. Requirements of the Potential Winners: Except where prohibited, the potential winner once contacted may be required to complete and return an affidavit of eligibility and liability/publicity release within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release, such potential winner will be deemed to be ineligible, be disqualified and have forfeited the prize. Further, if any prize notification is returned as undeliverable, the corresponding prize will be forfeited. The selected participant must be in full compliance with all Official Rules (including the residency requirements) to be eligible to be the winner. By accepting the Prize, the winner represents to having validly submitted their entry and confirms his/her consent to these Official Rules.
9. Prize: One (1) first-prize winner will receive $750 worth of gift cards of their choice for various retailers and restaurants. Winner will be able to select various gift cards through the third-party website Reward Link, which the first-prize winner(s) will be provided access to by Sponsor. One (1) second-prize winner will receive $250 worth of gift cards of their choice for various retailers and restaurants. Second-prize winner will be able to select various gift cards through the third-party website Reward Link, which the second-prize winner will be provided access to by Sponsor. In the event there is a first-prize tie, both eligible participants will receive the $750 value prize and there will be no second-prize winner. In the event there is second-prize tie, both eligible second-prize winners will receive the $250 prize and 1 first-prize winner will receive the $750 prize.
Total ARV of all prizes in this Contest: $1000.00. All federal, state or local income taxes on the prizes are the sole responsibility of the winners. Any difference between the stated ARV and actual value of any prize will not be awarded in cash or in any other form. Dollar amounts are expressed in U.S. currency. No transfer or substitution of prizes (or any portion thereof) or cash alternative permitted, except by Sponsor in its sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event the advertised prize (or portion thereof) becomes unavailable. All prizes will be awarded according to these Official Rules provided a sufficient quantity of qualifying entries are received and the prizes are claimed properly in accordance with these Official Rules. Prizes (and all elements thereof) are not redeemable for cash. You will receive a 1099 tax form if you are awarded a total prize value over $599. It is up to the Entrant to report these earnings as part of your annual tax filing.
10. Photo Release: Entrant further warrants that each entry is a wholly original creation and that no such component infringes any copyright, trademark, publicity, privacy or other proprietary right of any third party, union or guild and contains no defamatory or offensive content. Entrant further warrants that they have received consent from anyone other than entrant who appears within the submitted photograph(s) for their inclusion in the Contest submission, and may be required to provide proof of such consent. Submission of an entry grants Sponsor, its subsidiaries, affiliates, agents and related companies the right to publish, use, adapt, edit and/or modify the entry in any way, in whole or in part, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without notice or consideration to the entrant. By submitting an entry, each entrant in the Contest further agrees that his/her entry constitutes an assignment to Sponsor of all rights, title and intellectual property rights in and to all components of such submission as a condition of competing for a prize, including without limitation the right to make any derivative version of the entrant’s submission (in whole or in part), and absolute discretion to alter the entrant’s submission in any way, including without limitation editing, cropping, reformatting, title changes, and removal or addition of any element.
12. Entry Errors/Tampering: The Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a web site/service or entry method, as applicable. The Sponsor is not responsible for: (i) electronic, wireless or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected, or not received for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries; (iii) destruction of or unauthorized access to, or alteration of, entries; (iv) failed or unavailable hardware, network, software, or telephone transmissions; (v) damage to entrant’s or any person’s computer or wireless device or its contents; (vi) causes beyond the Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (vii) any entries submitted in a manner that is not expressly allowed under these Official Rules; (viii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest; (ix) any typographical or other error in the printing or advertising of the offer, administration or execution of the Contest, or in the announcement of prize(s) or prize winner(s); (x) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks); or (xi) cheating or fraud by any participant..
If for any reason the Contest cannot be executed as planned, including but not limited to any printing, administrative, or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winner(s) from among all eligible non-suspect entries received as of the date/time of termination. The Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Limitations on Liability: By entering, each Entrant agrees to abide by the terms of these Official Rules and by the decisions of the Sponsor, and agrees to indemnify, release, defend and hold harmless the Sponsor, their respective parent company, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy or merchandise delivery arising from or in connection with participation in the Contest or the acceptance, possession and/or use/misuse of a prize (if awarded to him/her) or his/her participation in prize-related activities (if applicable).
By accepting a prize, the winner agrees that any liability concerning or arising out of his/her prize rests solely with the manufacturer of the goods, (as applicable) and/or the respective affiliates of each of the foregoing. Furthermore, each winner, by accepting a prize, acknowledges that the Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
14. Consent to Publicity: By accepting a prize, the winner further irrevocably consents to use of his/her name, voice, statements and/or likeness for advertising, promotion, public relations or trade purposes in commerce and in any media worldwide without limitation or additional compensation or notice, unless prohibited by law.
14. Disputes/Venue/Governing Law: By participating, Entrants agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Ohio; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Contest, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the 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 Ohio or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Ohio.
15. All trademarks related to the prizes in this Contest are the property of their respective owners and no sponsorship, endorsement or affiliation with Sponsor, its products or this Contest is implied by their use.
16. This contest is not sponsored or endorsed by Instagram. Entrant fully releases Instagram from any claim arising out of Entrant’s participation in the Contest.
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