Sweepstakes Rules

PLY GEM “HOME FOR GOOD PROJECT” CONTRACTOR SWEEPSTAKES

OFFICIAL RULES

Sponsored by Cornerstone Building Brands, Inc. (the “Sponsor” and “Administrator”)

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

THE PLY GEM “HOME FOR GOOD PROJECT” CONTRACTOR SWEEPSTAKES (the “SWEEPSTAKES”) IS OPEN ONLY TO ELIGIBLE PERSONS AS DESCRIBED BELOW. THESE OFFICIAL RULES (these “RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES.  

  1. SWEEPSTAKES PERIOD: Sweepstakes begins on March 1, 2020 at 12:00:00 a.m. Central Time (“CT”) and ends on September 4, 2020 at 11:59:59 p.m. CT (the “Sweepstakes Period”).
  2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, who are at least eighteen (18) years of age or older at the time of entry, who provide a completed entry form, and are a licensed residential home contractor that purchases products through a Sponsor confirmed Ply Gem distributor. In order to be confirmed by Sponsor, a distributor must have accounts with and purchase Ply Gem products directly from Sponsor or its affiliates. Confirmation of a distributor is in the sole and absolute discretion of Sponsor.  Employees of Sponsor and Administrator, Habitat for Humanityâ International, Universal Music Group, Inc., each of the foregoing’s respective parent companies, subsidiaries, and advertising and promotion agencies, and all other service agencies involved with design, execution or fulfillment of this Sweepstakes, and such individuals’ immediate families (defined for the purposes of the Rules as spouses and parents, children, siblings, and their respective spouses, regardless of where they reside) or members of such individuals’ households (whether legal or biologically related or not) are NOT eligible to participate in the Sweepstakes. The Sweepstakes is void outside of the 48 contiguous United States, the District of Columbia, Alaska and Hawaii, and wherever prohibited by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.

 

  1. HOW TO ENTER: During the Sweepstakes Period, go to www.homeforgoodproject.com/Nashville (the “Website”) and follow the on-screen instructions to complete the entry process to receive one (1) entry into the Sweepstakes. You must provide all required information for your entry to be eligible. Limit one (1) entry per eligible natural person or legal business entity which must be a licensed contracting company. In the event you enter the Sweepstakes on behalf of a contracting company, you represent and warrant that you are an authorized agent of the contracting company with the authority to enter on its behalf and bind it. Further, if you enter the Sweepstakes on behalf of a contracting company, in which you have an ownership stake or by which you are employed, and your entry is selected as a winner, the prize will be awarded to the  legal entity that was the contracting company at the time of entry.   Entries by any means which compromise, subvert, or undermine the entry process will be void. Incomplete entries will not be acknowledged and will not be included in the Sweepstakes drawing and are ineligible for the prize. All entries become the exclusive property of Sponsor and will not be returned or acknowledged, except as provided herein. In the event of a dispute as to the identity of natural person who submitted an entry, the name of the “Authorized Account Holder” associated with the email address on the entry will be deemed to be the entrant and must comply with these Rules. The Authorized Account Holder is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor will not verify receipt of entries.  Entries will be automatically void that (i) are late, damaged, misdirected, garbled, incomplete, altered, or otherwise irregular, (ii) contain false information, (iii) are generated by script, macro or other automated or mechanical means, (iv) have been submitted through illicit means or by any means which compromise, subvert, or undermine the entry process, or (v) do not conform with or satisfy any or all of the conditions set out in these Rules.. Multiple entrants are not permitted to share the same email address, meaning only one entrant is allowed per email address. Use of any automated program to enter the Sweepstakes or to generate an entry will result in disqualification. The database clock for the Website will be the official timekeeping device for the Sweepstakes.

 

  1. PRIZE DRAWINGS: One (1) Grand Prize (as defined in Section 8 below) winner will randomly selected by the Administrator on or about September 9, 2020 from among all eligible entries received during the Sweepstakes Period. Odds of winning the Grand Prize will depend upon the number of eligible entries received. On six (6) separate occasions during the Sweepstakes Period on approximately a monthly basis (in March, April, May, June, July, and August of 2020), one (1) Monthly Prize (as defined in Section 8 below) winner will be randomly selected by the Administrator from among all eligible entries received at the time of each such monthly. Odds of winning a Monthly Prize will depend upon the number of eligible entries received at the time of each of the Monthly Prize drawings.

 

  1. PRIZE WINNER NOTIFICATIONS/VERIFICATIONS: You are not a prize winner until your eligibility has been verified, and it is determined that you have complied with all terms of these Rules. Potential Grand Prize and Monthly Prize winners will be notified by telephone and/or overnight delivery service. All potential prize winners are required to sign, have notarized, and return an Affidavit of Eligibility and Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”), within fourteen (14) days of date of notification. Failure to return the executed Affidavit within the specified time period may result in forfeiture of the prize, at Sponsor’s sole discretion, and random selection of an alternate winner from all remaining eligible entries. The travel companion of potential Grand Prize winner will also be required to execute a Liability Release (including, where permitted a Publicity Release) during this same 14 day time period. If a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner, or a potential prize winner is not in compliance with these Rules, the prize will be forfeited, and, at Sponsor’s sole discretion, an alternate winner selected. By accepting a prize, winners grant Sponsor and Sponsor’s agents, the right to use their name and the name of their contracting business, as well as their likeness, in advertising, publicity and promotion without further compensation or permission, except where prohibited by law.  Neither Sponsor nor Administrator will be liable for any potential prize notification that is lost, intercepted, or not received by any potential prize winner for any reason.

 

  1. PRIZES:

 

Monthly Prizes.  A total of six (6) entrants will be each receive (i) one (1) autographed Luke Bryan album and (ii) one (1) two hundred fifty dollar ($250) Visa gift card (the “Monthly Prize”).Prize fulfillment for the Luke Bryan albums will begin either the later occurring of April 24, 2020 or upon the release of “Born Here Live Here Die Here.”

Grand Prize. The “Grand Prize” includes (i) two (2) tickets for round trip coach air transportation from the major commercial airport nearest the  Grand Prize winner’s address to the major commercial airport nearest the Nashville, TN, (ii) two (2) nights’ standard hotel accommodations (one room), (iii) two (2) tickets to the 2020 Country Music Awards, and (iv) a total per diem of $200 for a maximum of three (3) days during the trip. Approximate retail value (“ARV”) of the Grand Prize: $10,000. Actual retail value of prize depends on point of departure, destination, fares, lodging and other costs at time of booking, but if actual retail value is less than stated ARV, the difference will not be awarded. If the Grand Prize winner resides within a one hundred (100) mile radius of trip destination, Sponsor reserves the right to provide ground transportation in lieu of air transportation without any compensation or substitution for the resulting difference in the value of the Grand Prize. All other costs, expenses, or incidentals in connection with the receipt and use of the Grand Prize not specifically mentioned herein —  including but not limited to tips, gratuities, incidentals, room service, laundry service, local and long distance telephone calls, service charges, required transportation not specified above (including ground transportation, any lodging other than that which is offered as part of the trip, all meals and beverages, and any other miscellaneous expenses — are solely the responsibility of the Grand Prize winner and the Grand Prize Winner’s travel companion. All reservations and travel arrangements shall be with suppliers selected by Sponsor, in its sole and absolute discretion (e.g., a travel agent selected by Sponsor) and are subject to availability. The Grand Prize winner must confirm travel dates at least twenty-one (21) days prior to departure. Flight schedules are subject to change without notice. Released Parties (as defined below) are not liable for any expenses incurred as a consequence of flight cancellation or delay. By participating and accepting the Grand Prize, the Grand Prize winner acknowledges and agrees that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown.  The Grand Prize winner and travel companion further acknowledge and that such risks may be present at any time before, during, and after the trip. Tickets are subject to certain terms and conditions specified thereon. The Grand Prize winner and travel companions agree to comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of prize. It is recommended, but the sole responsibility of the Grand Prize winner, that the Grand Prize winner and travel companions obtain sufficient personal insurance, including trip cancellation insurance, prior to departure; Sponsor expressly disclaims any responsibility or liability for securing such insurance. The Grand Prize trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. Blackout dates and other restrictions apply. Tickets to the Academy of Country Music Awards are subject to their availability. In the event any activity included in the Grand Prize is cancelled, delayed, or postponed for any reason, the Grand Prize winner will not be reimbursed, and the Grand Prize shall consist solely of the remaining elements, if any.  The Grand Prize winner and travel companion must travel on the same itinerary and must be available to travel on dates specified by Sponsor. The actual dates of travel are to be determined and are subject to availability and at Sponsor’s sole and absolute discretion. If the Grand Prize Winner is unable to travel during the dates determined by Sponsor, the Grand Prize winner will forfeit prize in its entirety and Sponsor will have no further obligation to the Grand Prize Winner. The Grand Prize winner and travel companions are responsible for obtaining any necessary documentation (e.g., valid passport, driver’s license, photo ID, etc.) prior to travel. The Grand Prize winner’s travel companions must be at least 18 years of age or older at the time travel is booked and have reached the age of majority in their state of residence and must complete and return an execute liability and publicity release prior to travel. The Grand Prize is not assignable or transferable, except that Sponsor reserves the right to substitute a prize of equal or greater value in its sole and absolute discretion. In the event the Grand Prize Winner is a contracting company, such a contracting company may designate one of its employees or owners to use the Grand Prize; provided that Sponsor consents, in writing, to the proposed designation no less than forty-five (45) days prior to the date of 2020 Country Music Awards.  Such consent by the Sponsor is in its sole and absolute discretion, and both the owner or employee designated, and any travel companion must comply with the age requirements set forth in this Section 8 and return an executed liability and publicity release prior to travel relating to the Grand Prize.

  1. GENERAL: By entering the Sweepstakes, entrants agree to abide and be bound by these Rules and the decisions of the Sponsor and/or Administrator which are final and binding in all matters and to release, discharge and hold harmless Sponsor, Administrator, Habitat for Humanityâ International, Universal Music Group, Inc., each of the foregoing’s respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies, and all other service agencies involved with design, execution or fulfillment of this Sweepstakes, and the respective directors, officers, agents and employees of the foregoing (collectively, the “Released Parties”) from any liability, claims, losses and damages of any kind, including personal injury, death, or damage to or loss of property, arising out of directly or indirectly, or relating to, their participation in this Sweepstakes, and the acceptance, use, misuse or possession of a prize, including as set out in Section 10(“Limitation of Liability”) below. Entrants who have not complied with these Rules are subject to disqualification. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Rules; (b) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or (d) attempting to undermine the legitimate operation of the Sweepstakes or entry process by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. If Sponsor suspects that an entrant has engaged in an unsportsmanlike or disruptive manner, the entrant will be contacted as soon as practicable. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE SWEEPSTAKES. All materials submitted become the property of Sponsor and will not be returned. The Grand Prize winner and Monthly Prize winners are solely responsible for paying and fully liable for all federal, state, local and income taxes incurred in connection with this Sweepstakes.
  2. LIMITATION OF LIABILITY: Released Parties do not assume any responsibility and the entrant releases the Released Parties from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Sweepstakes or prize, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of winners, and the arranging, awarding and use of the prizes. Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, damaged, misdirected, garbled or incomplete entries or entries that contain false information, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Rules; (iii) any loss, damage, or claims caused by, or in any way related to the awarded prizes or the Sweepstakes itself; (iv) failure of the Website or any operations or transmission of information during the Sweepstakes Period, including, without limitation, human or technical-errors, lost, delayed, garbled or corrupted data or transmissions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (v) any errors, omissions, incorrect or inaccurate information in any Sweepstakes-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Sweepstakes howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; (vii) any claims regarding the accepting, arranging, awarding, or use of a prize; or (viii) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED IN CONNECTION WITH THE SWEEPSTAKES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ENTRANT AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASEES LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE SWEEPSTAKES.

 

Entry material or data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to modify, terminate, or suspend this Sweepstakes (or portion thereof), or to amend these Rules, at any time, in any way, and without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to terminate the Sweepstakes. In the event of termination, Sponsor may conduct the drawings at random from among all eligible, non-suspect Sweepstakes entries received up to time of such action for this Sweepstakes. In the event of any such termination or suspension, a notice may be posted on the Website.  Entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees or other legal expenses and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, special and consequential damages and any other damages, including but not limited to lost profits other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

  1. BINDING ARBITRATION: Any disputes, claims, or causes of action arising out of or relating to the Sweepstakes shall be settled by binding arbitration with a single arbitrator in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by a single arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the single arbitrator deems reasonably necessary to prevent the arbitration from being objectively cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the JAMS Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. In the event this arbitration provision is null and void and the parties are not entitled to arbitration pursuant to these Rules, any disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved exclusively by the United States District Court for the Eastern District of North Carolina or the appropriate court of the State of North Carolina located in Wake County, North Carolina. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

 

DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARBITRATED IN ACCORDANCE WITH THESE RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ANY ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.  By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, entrant’s rights and obligations, and the rights and obligations of the Sponsor and Administrator in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of 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.,

 

  1. PRIZE WINNERS’ NAMES: For the prize winners’ names (available after winners have been verified), send a self-addressed, stamped, business size (#10) envelope by December 31, 2020 to: Ply Gem “Home for Good project” Contractor Winners List Request, 5020 Weston Parkway, Suite 400, Cary, NC, 27513.

 

  1. CONSENT TO USE PERSONAL INFORMATION: By entering this Sweepstakes you consent and agree to Sponsor’s collection and use of your information to administer this Sweepstakes. If you consented on the entry form, Sponsor may also use your information to contact you regarding this Sweepstakes or to promote with marketing communications (for example, E-Mails containing coupons, product information or future promotional information). Information collected from entrants is subject to www.plygem.com/Privacy_Policy/. By accepting a Grand Prize, the Grand Prize winner agrees that he/she and his/her guests will execute a publicity release and may be photographed and/or videotaped at the 2020 Academy of Country Music Awards and that the photos/videos may be posted, disseminated, and distributed by the Sponsor in its sole and absolute discretion. All photos and videos taken by Sponsor or Sponsor’s designee may be posted, at Sponsor’s discretion, across any or all of Sponsor’s digital and social media assets.

 

  1. RULES GOVERN. In the event of any discrepancy or inconsistency between these Rules and disclosures or other statements contained in any Sweepstakes related materials, including, but not limited to, the Sweepstakes entry form, these Rules shall prevail, govern, and control.

 

SPONSOR/ADMINISTRATOR: Cornerstone Building Brands, Inc., 5020 Weston Parkway, Suite 400, Cary, NC 27513