The Nemacolin Stay Giveaway Contest

The Nemacolin Stay Giveaway Contest

 Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

 

EACH WINNING NOMINEE MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN TEN (10) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.

 

BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES.  BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS.

 

SPONSOR MAY REQUIRE THE NOMINATOR FOR A WINNING NOMINEE TO COOPERATE WITH SPONSOR DURING THE CONTEST AND EACH NOMINATOR AGREES TO COOPERATE AS REQUESTED.

 

OVERVIEW: The Nemacolin Stay Giveaway (“Contest”) is a nomination-based promotion and is sponsored by 84 Lumber Company, 1019 Route 519, Eighty Four, PA 15330. (“Sponsor”). Eligible individuals (“Nominees”) may be nominated by completing and submitting a nomination at https://form.jotform.com/84Lumber/frontline-worker-giveaway (“Contest Site”), by email at social@84lumber.com, or by mail at the address listed in the “How To Enter” section below beginning at 2:00:00 p.m. Eastern Time (“ET”) on March 2, 2022, through 11:59:00 p.m. Eastern Time (“ET”) on March 21, 2022 (“Nomination Period”). Anyone 18 or older may nominate an eligible Nominee.  Each person who nominates a Nominee is referred to in these Official Rules as a “Nominator.”  Nominees may nominate themselves.  Nominations submitted via email or through the Contest Site must be received by Sponsor no later than 11:59:00 p.m. Eastern Time (“ET”) on March 21, 2022 (“Entry Deadline”) and nominations submitted through the mail must be postmarked by March 21, 2022 and received by Sponsor no later than March 28, 2022. Nominees will be evaluated by Sponsor-selected Judges (defined below), who will select two (2) Nominees as the potential winners in accordance with the judging criteria detailed under the “Winner Selection/Notification” section below. Prizes will be awarded to the winning Nominees. All taxes in connection with receipt of a prize will be the responsibility of the Nominees, as applicable.

 

ELIGIBILITY:

 

Anyone who is at least eighteen (18) years old may nominate an individual in this Contest.

 

Nominees in this Contest must be:

 

• At least eighteen (18) years old on the date of nomination in this Contest, and
• A person who is a frontline worker such as a first responder, healthcare staff, police officer. (“Front Line Role”) that:

Is an employee within an essential industry with a specific frontline occupation who must physically show up to their job and face a variety of health risks in the workplace.

 

Nominee must be a natural person.  Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, Nemacolin Woodlands, Inc., any of their subsidiaries or affiliates, any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Contest, or any of their respective parent companies, divisions, subsidiaries or affiliates and any of the Contest Judges (defined below) (the “Released Parties”) are not eligible to be a Nominee. For purposes of this Contest, the term “family member” is defined as spouse, partner, parent, legal guardian, in-law, grandparent, child, or grandchild.

 

All determinations regarding a Nominee’s eligibility will be made by Sponsor in its sole discretion. If at any point a dispute arises as to a Nominee’s satisfaction of the eligibility criteria, or its decision-making process for management and development matters, Sponsor may disqualify that Nominee and will have no liability to such person.

 

HOW TO ENTER:  Nominator may nominate themselves, if they are an eligible Nominee, or Nominators may nominate another eligible Nominee. To nominate an eligible Nominee, during the Entry Period, write a short original essay about your Nominee (“Essay”). The Essay should tell a brief story about the Nominee’s Front Line Role and why the Nominee deserves a spa getaway. Then visit the Contest Site to upload your Essay and complete and submit an entry form with the Nominator and Nominee’s name, street address, city, state, zip code, date of birth and any other information requested by the Sponsor (“Entry information”). To make a nomination via email, send an email including your Essay and Entry Information to social@84lumber.com. To submit your nomination via mail send your Essay and all required Entry Information (with proper postage) to Sponsor at “Nemacolin Stay Giveaway – Nomination, c/o Marketing Department, 84 Lumber Company, 1019 Route 519, Eighty Four, PA 15330.” Mail entries must be postmarked by the Entry Deadline and received by March 28, 2022.  Nominators must have consent of the Nominees they enter into this Contest. Limit: One (1) entry per Nominator/person and one (1) nomination per Nominee.

 

Each submission identifying an eligible Nominee that is completed and submitted in accordance with the terms of these Official Rules and all instructions of Sponsor is referred to in these Official Rules as a “Nomination.”

 

Nominators who do not follow all of the instructions, provide the required Entry Information in their entry and/or abide by these Official Rules or other instructions of Sponsor may be disqualified (as well as such Nominator’s Nominee) in Sponsor’s sole discretion. All Nominations must comply with the “Submission Requirements” detailed in that section below.

 

As a Nominator, you may only submit one (1) Nomination for any Nominee, though you may nominate as many Nominees as you wish during the Nomination Period. A person may not pay or otherwise improperly influence (as determined by Sponsor) a third party to submit a Nomination for them.  Nominations must be submitted and received by Sponsor during the Nomination Period and in strict accordance with the instructions and restrictions on the Contest Site, and in these Official Rules. Nominations must be submitted and received by Sponsor, as described above, no later than the Entry Deadline in order to be considered in this Contest.

 

The Contest Site’s database clock will be the official timekeeper for this Contest. For purposes of this Contest, only Nominations that are actually received by Sponsor in accordance with these Official Rules will be considered.  Other proof of submitting or attempting to submit a Nomination (such as, without limitation, a screenshot of a purportedly submitted Nomination or a shipping receipt or delivery confirmation) does not constitute proof of actual receipt of the Nomination for purposes of this Contest. Without limiting any other provision of these Official Rules, Sponsor will have no liability or responsibility for its inability to contact a Nominee due to Nominator having failed to provide or provided inaccurate contact information for the Nominee on the Contest Site. Nominators, Nominees, Nominations that do not abide by these Official Rules, the instructions of Sponsor (including those on the Contest Site and or that do not provide all required information may, in Sponsor’s sole discretion, be disqualified. Nominations, or other participation may not be acknowledged and will not be returned. Nominations (or participation that does not qualify as a “Nomination”) that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void.  Nominees must be a natural person and any purported Nomination identifying an entity as the Nominee will be disqualified.  Nominations originating at any web site other than the Contest Site, including, without limitation, through commercial promotion subscription, notification, or entering services, will be declared invalid and disqualified for this Contest. With respect to a potentially winning Nomination, the potential winner may be required to provide proof that he or she is the Nominee identified in the corresponding Nomination. If a dispute cannot be resolved to Sponsor’s satisfaction, the Nomination will be deemed ineligible.  As a condition of entering the Contest, without limiting any other provision in these Official Rules, each Nominator and Nominee gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties (the Judges (defined below) for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. NOMINATIONS WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF ANY NOMINATION. ANY NOMINATION THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.

 

SUBMISSION REQUIREMENTS

For purposes of these Official Rules, all content submitted by a Nominator or Nominee (including, but not limited to, the Essay, any pictures, images, videos, descriptions, writings, explanations, the Nomination, Essay and or Video) is referred to as the “Nominee Content.”  All Nominee Content in this Contest must meet all of the following requirements (as determined by Sponsor in its sole discretion) or it will be disqualified and the purported Nominee will not be considered in this Contest:

• Nominee Content must be entirely in English.
• Nomination must abide by any restrictions (e.g., maximum word count) described on the Contest Site (as applicable).
• If any part of the Nominee Content depicts or includes any party other than Nominee or Nominator, Nominator must have all rights and permissions from the individual depicted (and, if such individual is a minor, his/her parent or legal guardian) and agrees to provide Sponsor with written confirmation of those rights and permissions upon request.
• Nominee Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
• Nominee Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of the Nominee.
• All aspects of the Nominee Content must be originally created by and solely owned by Nominator or Nominee or in the public domain. All third-party content and content unoriginal to Nominator or Nominee is prohibited, unless that content is in the public domain.
• Nominee Content must be suitable for presentation in a public forum.
• Nominee Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
• Nominee Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, slanderous, libelous (including trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Nominator, Nominee, Released Party, or third party.
• Nominee Content must not contain or describe any harmful or illegal activity or content or in any way violate any laws, rules, or regulations.
• Nominator or Nominee (as applicable) agrees that their submission of the Nominee Content in the Contest and agreement to these Official Rules and any Released Party’s display and use of the Nominee Content will not violate any agreement to which Nominator or Nominee, respectively, is a signatory or party.
• Nominator or Nominee (as applicable) hereby warrants that their Nominee Content is in full compliance with these Official Rules and agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Nominee Content submitted by such person that is authorized under these Official Rules.

 

Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any Nominee Content that (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules.

 

WINNER SELECTION/NOTIFICATION:

 

Eligible Nominations will be judged by a panel of judges chosen by Sponsor in its sole discretion.  The Judges will evaluate eligible Nominations based on the following criteria according to the percentage weights indicated (the “Criteria”):

• Nominee’s story as a frontline worker (50%)
• Nominee’s need for a spa getaway, as determined by judges (50%)

 

On or around March 28, 2022, during the judging process, each eligible Nomination will be scored by the panel of Judges in accordance with the Criteria. The two (2) Nominees with the highest score will be selected as the potential winners of the prize. In the event of a tie the tie will be broken by the Nomination with the higher score on the “[proximity to Nemacolin resort]” Criterion. Sponsor reserves the right to contact Nominators and Nominees for verification purposes and administration of the Contest. Judges may rely on the Nominee Content in evaluating each Nominee and may also supplement the Nominee Content with their own research on the Nominee. All Judges’ decisions are final and binding in all matters relating to the evaluation of Nominations and selection of winners in this Contest. Each Nominee and Nominator acknowledges that other Nominees or Nominators may have created ideas and concepts contained in their Nomination that may have familiarities or similarities to theirs, and that they will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.  There is a limit of one (1) prize per Nominee in this Contest. In the event there are fewer than two (2) eligible Nominations received in this Contest, Sponsor reserves the right to award fewer prizes.

 

Sponsor or its designee will attempt to notify the potential winners in this Contest on or around March 28, 2022, by telephone or email (as determined by Sponsor in its sole discretion). The potential prize winners may, in Sponsor's sole discretion, be required to complete, sign, have notarized (if applicable), and return (at winner’s own cost) an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), a confidentiality agreement and tax documents, and the Winners’ guests will be required to complete Travel Companion forms (collectively, “Winner Documents”), any or all of which may require the potential winner to provide their Social Security Number, and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Winner Documents, if applicable, must be received by Sponsor from the potential winner within ten (10) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Winner Documents, or prize may be forfeited and an alternate winner may be selected. If any notification or other Contest-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. Guests must complete and sign a travel companion release in accordance with Sponsor’s instructions before any guest travel will be booked and/or awarded. The Nomination, prize claim, travel companion release, and Winner Documents, and any documents required by Sponsor are subject to verification by Sponsor.  The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason.

 

PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”): Subject to verification, two (2) winners will each receive a prize package consisting of a two (2) night stay at Nemacolin resort in Farmington, PA (the “Resort”) for winner and one (1) guest (one standard room, double occupancy for two nights in The Chateau or a townhome), $500 spa credit, $100 Nemacolin gift card, and one (1) welcome bag upon arrival. ARV of the prize: $2,600 Total ARV of all prizes offered in this Contest: $5,200. Gift card is subject to issuer restrictions. Travel must be occur by March 28, 2023. Not valid during holidays. Blackout dates and other restrictions may apply.

 

In the event that a winner lives more than four (4) hours from Farmington, PA, Sponsor will provide round-trip, economy-class airfare for winner and their guest from a Sponsor-selected major airport near winner’s residence in the United States to a Sponsor-selected airport near Farmington, PA. Winners and guests will also be provided with ground transportation between the airport and Resort on arrival and departure. All federal, state, and local taxes and other costs and expenses associated with winners and their guests traveling to the Resort (including, without limitation, meals, ground transportation charges, incidentals, and gratuities) are the sole responsibility of winners and guests.  Winners and guests must have all necessary documents as required for travel to Farmington, PA (including a valid government-issued ID). Guest must travel on same itinerary as winner and must be at least the age of majority in the guest’s jurisdiction of residence, unless the winner is guest’s parent or legal guardian.  Specific travel arrangements will be made by Sponsor in its sole discretion and travel will be subject to additional terms, requirements and restrictions as described in the Winner Documents. Winners are responsible for complying with any requirements set forth by travel providers or other prize providers.

 

Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. All federal, national, state, provincial, territorial, and local taxes (including income taxes), as well as any expenses arising from acceptance or use of the prize, are the sole responsibility of the winners.  Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information.  If a winner does not accept or use the entire prize for any reason, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or any portion thereof with another prize or component of equal or greater value for any reason. Sponsor is not obligated to award more than the stated prizes. Nominees (on behalf of themselves waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption of any prize and waive the right to assert a claim for any liability and publicity which might arise from claiming or seeking to claim said prize.

 

LICENSE: By entering, except where prohibited by law, each Nominator or Nominee (as applicable and, in either case, the “Licensor”) grants to the Released Parties, and their agents, successors, and assigns (“Licensees”), the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, publish, adapt, and exploit the content of and elements embodied in any Nominee Content submitted by such person, in perpetuity and in any and all media (whether now existing or hereafter devised), including online and in digital media, in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation. Each Licensor agrees that the Licensees may, but are not required to, attribute the Nominee Content to Licensor. Each Licensor waives and releases the Licensees from any and all claims that Licensor may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Licensees’ exploitation of the Nominee Content without further notification or compensation to Licensor of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Licensees, each of their respective licensees, or any other person in connection with this Contest, on the grounds that any use of any Nominee Content (or any derivative works thereof) infringes or violates any of Licensor’s rights (including MORAL RIGHTS) therein.

 

Each Licensor acknowledges and agrees that nothing in these Official Rules will require a Licensee to use the Nominee Content in part or in whole or to include the Nominee Content in any Licensee-related property, including, without limitation, any Licensees’ web site or any other online or offline property.  Each Licensor hereby acknowledges and agrees that the relationship between the Licensor and each of the Licensees is not a confidential, fiduciary, or other special relationship, and that the Licensor’s decision to submit his/her Nominee Content for purposes of the Contest does not place any of the Licensees in a position that is any different from the position held by members of the general public with regard to elements of the Nominee Content (including, as applicable and without limitation, the Contest Site, Video), other than as set forth in these Official Rules. Each Licensor understands and acknowledges that Licensees have wide access to ideas, essays, images, and other creative materials. Each Licensor also acknowledges that many ideas may be competitive with, similar to, or identical each other described in their Nominee Content or other aspects of the Nominee Content in idea, components, format, or other respects. Each Licensor acknowledges and agrees that such Licensor will not be entitled to any compensation as a result of a Licensee’s use of any such similar or identical material that has or may come to the Licensee from other sources. Each Licensor acknowledges and agrees that Licensees do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Licensor’s copyright in and to any materials included as part of his/her Nominee Content. Each Licensor acknowledges that, with respect to any claim by Licensor relating to or arising out of a Licensee’s actual or alleged exploitation or use of any Nominee Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Licensor will not be irreparable or otherwise sufficient to entitle such Licensor to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Licensee property or production, and Licensor’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.

 

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH NOMINATOR AND EACH NOMINEE (ON BEHALF OF THEMSELVES AGREE TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PARTICIPATING IN THIS CONTEST OR THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY.  NOMINEE AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HERINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE Prize, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH NOMINATOR AND NOMINEE AGREES TO RELEASE AND HOLD HARMLESS THE SPONSOR AND THEIR PARENT AND SUBSIDIARY COMPANIES, AFFILIATES, DIVISIONS, FRANCHISEES, REPRESENTATIVES, CONSULTANTS, SUB-CONTRACTORS, SUPPLIERS, DISTRIBUTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER ASSOCIATED WITH PARTICIPATION IN THIS CONTEST, INCLUDING, WITHOUT LIMITATION, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE CREATION OF YOUR CONTENT, BEYOND ANY NON-EXCLUDABLE GUARANTEES.

 

BY PARTICIPATING IN THIS CONTEST, EACH NOMINATOR AND NOMINEE UNDERSTANDS THAT THEY MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, NOMINATOR AND NOMINEE ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, U.S.A., AND ANY SIMILAR LAW IN ANY JURISDICTION, WHICH PROVIDES AS FOLLOWS:

 

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

 

ADDITIONAL DISCLAIMERS: The Released Parties are not liable to winner, any Nominator or Nominee, or any person claiming through such winner, Nominator, or Nominee, for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) proves to be invalid), equipment failure, actual or threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the Nominator or Nominee, or by human or other error: Nominations or s that are submitted by illegitimate means or Nominations in excess of the stated limit; lost, late, incomplete, misdirected, stolen, garbled, incomprehensible, or illegible Nominations, email, mail, or Contest-related correspondence or materials or postage-due mail; address changes of Nominators or Nominees or Nominations not received in accordance with these Official Rules; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; technical, hardware, or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic or other communications; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Contest; unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; or technical or human error which may occur in the administration of the Contest or the processing or evaluation of Nominations. If for any reason a Nominator's Nomination or a Nominee’s  is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, that person’s sole remedy is to submit another Nomination (as applicable) in the Contest. Released Parties are not responsible for: (i) electronic communications that are undeliverable or do not timely reach a participant as a result of any form of active or passive filtering of any kind, (ii) any incorrect contact information supplied by Nominator or Nominee in a Nomination (iii) insufficient space in a participant’s email account or voicemail inbox to receive email or voicemail messages. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend all or any part of the Contest if it becomes incapable of running as planned for any reason, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, and award the prizes from eligible, non-suspect s (if any) received prior to cancellation, modification, or suspension, or as otherwise deemed fair and appropriate by Sponsor.  Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry or judging processes or the operation of this Contest, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. If any person supplies false information, obtains a prize by fraudulent means, is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, or assists another in doing any of the preceding acts, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.  Nominators and Nominees agree to not damage or cause interruption of the Contest or the Contest Site and/or prevent others from participating in the Contest or using the Contest Site. Sponsor reserves the right, in its sole discretion, to void a Nomination submitted by any Nominator or Nominee who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest.  Sponsor reserves the right to restrict or void Nominations or other participation from any IP address if any suspicious Nomination, and/or other participation is detected.  CAUTION: ANY ATTEMPT BY A NOMINATOR, NOMINEE, OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

 

GENERAL:  By participating, and as a condition of participation, each Nominator and Nominee (in their personal capacity agrees to the use of his/her name, voice, likeness, biographical data and/or information contained in his/her Nominee Content for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Sponsor, its promotional partners, and third-party marketing entities, without additional compensation, review, or approval, except in Tennessee and where otherwise prohibited by law (but nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and Nominator/Nominee waives any right to inspect or approve such use).

 

Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, acceptance or disqualification of purported Nominations, selection and verification of potential winners, and awarding of the prizes. By participating, each Nominator and Nominee (in their personal capacity agrees to be bound by these Official Rules and the decisions of Sponsor. If any provision of these Official Rules shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, it will be resolved in Sponsor’s sole discretion. EACH NOMINEE ACKNOWLEDGES THAT IF THEY ARE CHOSEN AS A WINNER, CERTAIN OF THEIR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER LIST MADE AVAILABLE TO MEMBERS OF THE GENERAL PUBLIC.

 

GOVERNING LAW/DISPUTES/ARBITRATION: EACH NOMINATOR AND NOMINEE (IN THEIR PERSONAL CAPACITY AGREES THAT THESE OFFICIAL RULES AND THEIR PARTICIPATION IN THE CONTEST ARE GOVERNED BY THE LAWS OF THE STATE OF PENNSYLVANIA.  BOTH SPONSOR AND NOMINEE/NOMINATOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

 

SPONSOR AND NOMINATOR/NOMINEE EACH AGREES TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN PENNSYLVANIA, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED.  THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION.  THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE OR AS OTHERWISE PROHIBITED BY LAW, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTEST WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS.  IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE.  IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX (WHICHEVER IS CLOSEST TO NOMINATOR/NOMINEE’S RESIDENCE OR – IF REQUIRED BY THE JAMS RULES – IN THE NOMINATOR/NOMINEE’S HOMETOWN.  THE GOVERNING LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION.  DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN (OR HAVING JURISDICTION OVER) EIGHTY FOUR, PENNSYLVANIA.  SPONSOR AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF NOMINATOR/NOMINEE TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT.  IN NO EVENT WILL NOMINATOR/NOMINEE SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE CONTEST (PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW).

 

Further, in any such dispute, under no circumstances will Nominator, or Nominee be permitted or entitled to obtain awards for, and hereby waives all rights to claim incidental or consequential damages, and the aggregate liability of the Released Parties will not exceed TEN U.S. DOLLARS ($10 USD), and they further waive all rights to have damages multiplied or increased.

 

PRIVACY: Personal information collected from Nominators and Nominees will be used to administer the Contest as described above and in accordance with the 84lumber.com Privacy Policy, available at https://www.84lumber.com/privacy-policy.

 

RULES/WHO WON?:  A copy of these Official Rules and information about who won is available by sending an email with the subject line “Rules Request” or “Who Won?” (as applicable) to social@84lumber.com. Rules requests must be received no later than the  Entry Deadline. Requests for winner information must be received no later than three (3) months after the end of the  Entry Deadline. Only one (1) request per email will be fulfilled.

 

SPONSOR: 84 Lumber Company, 1019 Route 519, Eighty Four, PA 15330