TIMBERTECH® 2012 Deck Disaster Makeover
These Official Rules ("Official Rules") govern your participation in the TimberTech Limited (“TimberTech”) 2012 Deck Disaster Makeover (“Contest”). Please read them carefully.
The sponsor of this Contest is TimberTech Limited, 894 Prairie Avenue, Wilmington, Ohio 45177. The Contest shall be subject to these Official Rules, and by entering all participants agree to be bound by the terms and conditions herein.
1. How To Enter
: In order to enter the TimberTech 2012 Deck Disaster Makeover, Contestants must submit one or more photographs of their current deck, and must register their entry through TimberTech’s website at www.timbertech.com
(the “Entry Site”). Follow the on-screen instructions for entry in the Contest and enter the required personal information as directed, upload one or more photos which comply with the Photo Conditions and Restrictions
: This Contest is open to legal residents of the 50 United States and the District of Columbia, 21 years of age and older as of time of entry, who are living in a single family residence that includes a deck.
One entry per household. Employees of TimberTech and their immediate family and household members and their respective dealerships, affiliates, subsidiaries, advertising and promotion agencies and all other entities or individuals associated with the development, administration, or fulfillment of this Contest are not eligible to enter. Entries that are late, illegible, incomplete, misdirected or incompletely received, including by reason of technical malfunction, congestion or incompatibility, will not be eligible. No entries will be accepted other than through www.timbertech.com
. Contractors may enter work on behalf of a homeowner with the current homeowner’s written permission. The prize, regardless of entry, will be awarded to the homeowner in all instances.
3. Photo Conditions and Restrictions
The uploaded Photo(s) must showcase the Contestant’s deck (with a maximum size of 1MB) in accordance with the instructions set forth on the Entry Site. All Photo(s) uploaded to the Entry Site will be reviewed by TimberTech, and select Photo(s) will be chosen by TimberTech and made available for viewing by the public on www.timbertech.com
and/or TimberTech’s official Facebook (collectively, the “TimberTech Sites”). Contestant understands, acknowledges and agrees that TimberTech is under no obligation whatsoever to display Contestant’s Photo(s) on either or both of the TimberTech Sites.
In addition to any other requirements set forth in these Official Rules, in order to be deemed eligible for participation and to be deemed an Online Contest Entry, the Photo(s) and/or the Contestant submitting them must meet the following conditions and restrictions
- The Photo(s) must not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights or that constitute copyright infringement.
- The Contestant either owns the Photo(s) or has received permission from the photographer to upload the Photo(s), including the permission to submit the Photo(s) on the Entry Site without payment.
- The Photos must not contain any content that is sexually explicit, sexually suggestive, offensive, illegal, pornographic or obscene or that is in bad taste or is otherwise objectionable to TimberTech, as determined by TimberTech in its sole and exclusive discretion.
- The Photos must not contain any recognizable third party logos or marks or other commercial or advertising content other than those of TimberTech, which entrant has a limited license to use for the sole purpose of creating and uploading Photos in this Contest.
- The Photos must not disparage TimberTech or any other person or entity.
- The Photos must not contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer.
- The Photos must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Photos were created.
Submitting the Online Contest Entry constitutes Contestant’s consent to (i) grant TimberTech a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, unrestricted and transferable license to use, edit, alter, copy, reproduce, modify, disclose, publish, remove, create derivative works from, distribute, exhibit, display or otherwise exploit such Online Contest Entry in whole or in part, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including, without limitation, for advertising, promotion or publicity purposes without any additional compensation or notification to entrant, and (ii) allow TimberTech to share information contained in Contestant’s Online Contest Entry with TimberTech channel partners for lead generation purposes.
ALL ONLINE CONTEST ENTRIES MUST BE RECEIVED DURING THE ENTRY PERIOD.
3. Grand Prize: One (1) Grand Prize winner will receive TimberTech decking products with a retail value of up to $5,000 USD to build a new deck. The new deck must be built, and material credit issued to TimberTech, by no later than November 2, 2012; otherwise, the Grand Prize will be forfeited. The Grand Prize winner will be solely responsible for all costs and expenses associated with the removal of any existing deck and installation of the new TimberTech deck (including, but not limited to, labor costs and substructure costs). No cash or other substitution will be made, nor will any transfer of the Grand prize be allowed.
4. Winner Selection: Entry Photo(s) submitted in accordance with these rules and selected by TimberTech will be posted on the TimberTech Sites. The winner selection process will take place the week of June 4, 2012 through June 8, 2012, and the Grand Prize winner will be notified by 5:00pm on Friday June 8, 2012. Genevieve Gorder, nationally renowned designer, will assist TimberTech in the selection process. The winning entry will be determined based on the aesthetic appearance of the Contestant’s existing deck (as reflected in the Photo(s)), and the potential to use TimberTech products to drastically enhance the Contestant’s current outdoor living space.
The Grand Prize winner will be notified by mail and/or email. The Grand Prize winner must comply with all instructions of prize notification and winner's complete response must be received by TimberTech within 14 days of the date on the prize notification. If not, prize will be forfeited and an alternate winner selected. Winner must also complete an affidavit of eligibility, a release of liability, and (except where prohibited by law) publicity release. Once all required documents are received from the Grand Prize winner, such Grand Prize winner will be declared the “Grand Prize Winner” of the Contest.
As a condition to receipt of the Grand Prize, the Grand Prize winner agrees to provide TimberTech with a minimum of five (5) “before” photographs of various angles of the Grand Prize Winner’s existing deck, and a minimum of five (5) “after” photographs of the same angles of the Grand Prize Winner’s new TimberTech deck once completed. All photographs must be acceptable to TimberTech. In addition, the Grand Prize winner will provide TimberTech with a testimonial about TimberTech products that may be used in TimberTech marketing campaigns at TimberTech’s sole discretion. Such “before” and “after” photographs and testimonial shall be considered part of the Grand Prize winner’s Online Contest Entry for purposes of these Official Rules, including, but not limited to, with respect to the consent and license granted to TimberTech pursuant to paragraph 3 hereof.
TimberTech, in its sole discretion, shall determine if any Online Contest Entry is inappropriate for any reason for public release, including but not limited to publication on one or more TimberTech sites. TimberTech shall have the right to disqualify any Online Contest Entries that it deems to not meet the criteria, or due to technical, legal, clearance or other problems, or which it deems do not comply with these Official Rules, including Photo Restrictions and Conditions. TimberTech’s decisions are final and binding with respect to all matters relating to this Contest.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Contestant understands, acknowledges and agrees that Contestant is providing Contestant’s information to TimberTech and not to Facebook. Any questions, comments or complaints regarding this Contest should be addressed to TimberTech and not to Facebook.
5. By submitting an entry to the Contest and/or accepting a prize, each Contestant and winner releases and agrees to hold harmless Facebook, TimberTech and its subsidiaries, affiliate companies, parent companies, suppliers, promotional and advertising companies, and all directors, officers, employees, members, representatives and agents of each of them, from any and all liability, and waives all causes of action relating to any and all injuries, costs, damages, claims and losses of any kind, including (without limitation) any and all claims for consequential and incidental damages, attorney's fees, and/or lost revenue, income or profits arising out of participation in the Contest or the acceptance, delivery, possession, use and /or enjoyment of the Grand Prize, including any and all injuries, costs, damages, claims and losses of any kind, relating to death, personal injury or damage to property. Some jurisdictions do not allow the limitation or exclusions of liability for incidental or consequential damages, so the above may not apply to you. Acceptance of the Grand Prize constitutes consent for TimberTech and its designees to use winner's name, likeness, voice, statements, entry (and any version thereof) and any other personal characteristics for any purpose, including without limitation editorial, advertising and publicity purposes worldwide in perpetuity, in any medium or format now known or hereafter created, without further compensation, notification, permission or limitation, and the Grand Prize Winner hereby releases TimberTech and its designees from any liability with respect to such use, except where prohibited. Winner's name may also be posted on www.timbertech.com, on TimberTech’s Facebook page, and in various TimberTech marketing communications and press releases. The foregoing waiver and release shall not limit or otherwise impact any rights that the Grand Prize winner may have pursuant to the terms and conditions of any applicable TimberTech standard published product warranty in effect at the time that the Grand Prize is awarded.
6. TimberTech reserves the right, in its sole discretion, to modify, suspend or terminate this Contest in any of the following events: (i) it becomes infected by a computer virus or is otherwise technically impaired; (ii) if for any reason this Contest is not capable of running as planned; (iii) if this Contest or any website number associated therewith (or any portion thereof) becomes corrupted or does not allow the proper administration of the Contest and processing of entries in accordance with these rules; (iv) if tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the TimberTech’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest. In the event of early termination, a winner will be determined by TimberTech from among all eligible Online Contest Entries received at the time of termination according to the criteria stated in paragraph 4 of these Official Rules. TimberTech also reserves the right to disqualify any Contestant found tampering with the entry process or with the operation of the Contest.
7. The Grand Prize winner will be responsible for all taxes (including but not limited to federal, state, local, and/or income) on the Grand Prize and will be required to provide his/her Social Security number for tax reporting purposes if the retail value of the prize being awarded is $600.00 or greater (as determined in TimberTech’s sole discretion). TimberTech will file an IRS Form 1099 with the Internal Revenue Service for the Grand Prize if the retail value of such prize is $600.00 or greater. If the Grand Prize winner refuses to provide his/her Social Security number for a prize worth $600.00 or greater, he/she the prize winner will be disqualified and an alternate winner will be selected in accordance with these Official Rules.
8. TimberTech will announce the Grand Prize Winner on its website at www.timbertech.com and/or its Facebook page by June 22, 2012.
9. Governing Law: The laws of the State of Ohio shall govern the interpretation of these Official Rules. Any and all disputes will be resolved in the appropriate courts in the State of Ohio exclusively, and subject to the laws of the State of Ohio. Should there be a conflict between the laws of the State of Ohio and any other laws, the conflict will be resolved in favor of the laws of the State of Ohio.