PLY GEM ELEMENTS™ VISUALIZER DESIGN PROMOTIONAL PROGRAM
TERMS AND CONDITIONS
SPONSOR. The Ply Gem Elements™ Visualizer Design Promotional Program (the “Promotional Program”) is sponsored by Ply Gem Industries, Inc. 5020 Weston Pkwy, Cary, NC 27513 (the “Sponsor”) and governed by the following terms and conditions (the “Terms & Conditions”). The Promotional Program is subject to all applicable federal, state, and local laws, rules, and regulations. The Promotional Program is void where prohibited
ELIGIBILITY. The Promotional Program is only open to participants (the “Eligible Participants”) that: (1) are legal residents the United States of America; (2) are aged 18 or older as of the time of entry; (3) are not employed by Sponsor; and (4) own the home depicted in the image submission as required during the sign-up process (“Eligible Home”). Limit one (1) Submission (as defined below) per Eligible Participant and household. Only one (1) Reward (as defined below) per Eligible Participant and household. Void where prohibited by law.
PROGRAM PERIOD. The Promotional Program begins at 10:00AM EST on October 8, 2021 and ends upon the earlier of: (1) 5:00 PM EST on October 10, 2021, or (2) upon the ending of the 2022 Pittsburgh Home & Garden Show (the “Pittsburgh Show”).
HOW TO QUALIFY. To qualify, all participants must be Eligible Participants and visit the Sponsor’s booth at the Pittsburgh Show to register for the Promotional Program during the Program Period, which requires scanning a QR Code and filling in the required fields on the form with their information (the “Submission”). All information provided must be valid, truthful, and current. Entries submitted must be received by the close of the Program Period. Limit one (1) Submission per natural person and household, regardless of method of entry. Sponsor and its agents are not responsible for lost, late, incomplete, void, misdirected, unreadable or unintelligible entries; such entries are void and will be disqualified. Only complete valid entries will be accepted. Sponsor reserves the right to disqualify false entries or entries suspected of being false. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned. In the event a dispute regarding the identity of an Eligible Participant cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
REWARD. Sponsor will review the Submissions to determine whether such participants are Eligible Participants. On or about October 8 through October 10, random drawings will be conducted at by ViralSweep, Inc., an independent third party organization, from among all eligible Submissions received at the Pittsburgh Show to award the following in each drawing: (1) Home Design Visualizer Design Service, which includes (i) an application of the program on the exterior of one (1) Eligible Home by a professional designer and (ii) a custom Home Design Report that includes a rendering of the exterior of the Eligible Home with Ply Gem Elements™ siding (collectively, the “Reward”). Each Eligible Participant shall be entitled to receive one entry into a drawing for the Reward, which has an approximate retail value (“ARV”) of $75.00. Each Eligible Participant will be notified by email at the email address provided in the Submission should they be selected in a drawing. Sponsor reserves the right to decline or not respond to any Submissions for any reason. No cash alternative or substitution of another Reward will be allowed, except Sponsor reserves the right, in its sole discretion, to substitute rewards of comparable value if the Reward listed is unavailable, in whole or in part, for any reason. By participating in the Promotional Program, each participant unconditionally accepts and agrees to comply with and abide by the Terms & Conditions and the decisions of the Sponsor, which shall be final and binding in all respects. Rewards cannot be assigned or transferred to another individual or entity. Eligible Participants are solely responsible for any and all federal, state, and local taxes on the Reward.
GENERAL CONDITIONS. Each participant, whether eligible or ineligible, agrees to be fully and unconditionally bound by these Terms & Conditions and the decisions of Sponsor and waive any right to claim ambiguity in the Promotional Program or these Terms &Conditions. Any portion of the Promotional Program may be terminated, suspended, and/or modified, in whole or in part, at Sponsor’s sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual who is determined to be tampering with the entry process or the operation of the Promotional Program, or to be acting in violation of these Terms & Conditions. Sponsor reserves the right to cancel, suspend, and/or modify the Promotional Program, 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 Promotional Program, as determined by Sponsor, in its sole discretion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotional Program 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 or provision of these Terms & Conditions shall not constitute a waiver of that provision. By participating in the Promotional Program, and where allowed by law, participants agree that Sponsor may use information collected from participants for marketing purposes, including but not limited to correspondence from Sponsor. All trademarks are the property of their respective owners.
LIMITATIONS OF LIABILITY. All participants agree to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, any parent companies, and each such entity’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any allegation, claim, loss, or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of or relating to the Promotional Program or participation in the Promotional Program. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by the participant, printing errors, technical issues, or by any of the equipment, programming, or software failure associated with, relating to, or utilized in the Promotional Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone or network lines, hardware, or software; (3) unauthorized human intervention in any part of the entry process or the Promotional Program; and (4) technical or human error which may occur in the administration of the Promotional Program or the processing of the submissions. The Released Parties, including but not limited to the Sponsor, are not responsible for any of the foregoing, including but not limited to misdirected or undeliverable entries, any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission or any combination thereof. The invalidity or unenforceability of any provision of these Terms & Conditions shall not affect the validity or enforceability of any other provision herein. In the event that any provision is determined to be invalid, unenforceable, or illegal, these Terms & Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if only the invalid or illegal provision were not contained herein.
GOVERNING LAW AND DISPUTES. EXCEPT WHERE PROHIBITED, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS PROMOTIONAL PROGRAM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA OR THE APPROPRIATE NORTH CAROLINA STATE COURT LOCATED IN WAKE COUNTY, NORTH CAROLINA; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTIONAL PROGRAM, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FORDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES. PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM ANY AND ALL SUCH DAMAGES 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 TERMS & CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF THE PARTICIPANT AND SPONSOR IN CONNECTION WITH THE PROMOTIONAL PROGRAM, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF NORTH CAROLINA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NORTH CAROLINA.
NO AFFILIATION OR ENDORSEMENT. This Promotional Program is in no way affiliated or endorsed by Facebook, Instagram, Twitter, YouTube, SnapChat, or any other social media platform.