“BEFORE/AFTER” CONTEST
OFFICIAL RULES AND REGULATIONS (THE “RULES”)
1. DESCRIPTION: Lansing Building Products, Inc. (“Sponsor”) provides this contest (this “Promotion”) for Sponsor’s contractor customers who have performed a renovation at a residence using certain products purchased at a participating branch of the Sponsor. The winner will be selected by the Sponsor and Ply Gem Industries, Inc. (together with its affiliated entities, “Manufacturer”) at Sponsor’s and Manufacturer’s sole discretion.
2. ELIGIBILITY. This Promotion is open to legal residents of the United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. To enter this Promotion, you must also be a contractor customer of Sponsor, as solely determined by Sponsor, who has performed and completed a residential renovation project that included a product from one of the following product lines that was purchased at a participating branch of Sponsor (collectively, “Qualifying Products”): (i) Lansing Windows & Doors; (ii) Simonton Windows & Doors; and/or (iii) Ply Gem Windows & Doors (which includes the Ply Gem Series: 200, 202, 400, 402, 460, 550, 700, 960, 970, & 1000). The Sponsor, the Manufacturer, and all of their respective affiliates, parents, and subsidiary companies (collectively, “Promotion Entities”), and each of their respective officers, directors, licensors, employees, representatives and agents, and members of their immediate families and members of their households (whether related or not) are ineligible to participate. Eligibility will be determined by Sponsor in its sole discretion. Void where prohibited and restricted by law. This Promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations.
3. ENTRY: This Promotion begins on April 1, 2019 at 12:00 p.m. (EST) and ends on September 30, 2019 at 5:00 PM (EST). Entry forms are available at participating branches of the Sponsor. You must hand deliver a legibly and fully completed entry form and all other required materials to a representative of Sponsor at a participating branch of the Sponsor by September 30, 2019 at 5:00 PM (EST). A complete entry (the “Entry”) consists of a (i) legibly and fully completed entry form, (ii) a sales invoice from a participating branch of the Sponsor for the purchase of Qualifying Products by you that shows the type and total number of Qualifying Products purchased and the date of purchase, (iii) focused photographic images of the residence showing the renovated area before the renovation project was performed, and (iv) focused photographic images of the residence showing the renovated area after the completion of renovation project and the Qualifying Product(s) used in the renovation. No limit to number of entries made by an entrant; however, entrants may not use the same residence as the basis for more than one entry. No responsibility is assumed by Promotion Entities for lost, late, misdirected, illegible, incomplete, stolen, or mutilated Entries or for any computer, online, telephone or technical malfunctions that may occur. By making a submission, you acknowledge and agree that all submitted photos must be your property and that your Entry will not be returned and become the property of the Promotion Entities. By making a submission, you agree to both the Sponsor’s privacy policy located at https://lansingbp.com/privacy and the Manufacturer’s privacy policy located at https://www.plygem.com/wps/portal/home/aboutus/privacy-policy. Further, by submitting an Entry, you agree to receive email notifications or other communications about special offers, events, new products and services from the Promotion Entities.
4. PARTICIPATION REQUIREMENTS: In order to enter and win, (a) you must consent to the Promotion Entities using photograph(s) and other information on a worldwide basis in perpetuity and in any and all media, now or hereafter devised, without additional compensation, permission or notification (unless prohibited by law), (b) you agree to execute a publicity waiver and release, if asked to do so, (c) you must have the permission of the owner of the residence photographed to submit such photographs with your Entry, and (d) you must obtain an executed publicity waiver and release from the owner of the residence photographed that permits such photographs to be published in the media and/or marketing materials of the Promotion Entities, including brochures, and websites, if asked to do so.
5. PRIZES: Cash prizes will be awarded to the first place ($10,000.00), second place ($5,000.00), and third place ($3,000.00) to potential winners of the Promotion, who will be selected from among all eligible entrants by a panel of judges composed of representatives of the Promotion Entities (collectively, the “Panel”). The Panel will evaluate submissions based on the following criteria: (i) the aesthetic appeal of the renovation, (ii) the difficulty of the renovation, including as it related to the installation of Qualifying Product(s), (iii) the energy efficiency created by the renovation compared to before the renovation, (iv) the size and scope of the renovation, and (v) the creativity of the renovation, including the use of various features and styles. In the case of a tie for first, second, or third place, the applicable prize money will be divided equally among the entrants who tied. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes not transferable, except at discretion of Sponsor. If winner chooses not to accept the prize, an alternate winner will be chosen. All decisions made by the Sponsor regarding winner selection shall be final.
6. WINNER NOTIFICATION: The potential winners of the Promotion will be announced on October 21, 2019 and notified via telephone by the Sponsor. Winners of the Promotion will receive their prize money will be awarded at the branch of the Sponsor where the entrant submitted the winning entry. If Sponsor is unable to contact the potential winner after reasonable effort, or failure of a potential winner to respond within three (3) days of the first attempted notification, will result in forfeiture of prize and selection of an alternate winner. Sponsor reserves the right to disqualify any potential winner who fails to comply with these Rules and Sponsor’s requests (including those in paragraph 7) and award the prize to an alternate winner.
7. GENERAL: Potential winners will be required to sign and return a Participation Release, an Affidavit of Eligibility, a Liability Release, a W-9 Form, and, where legal, a Publicity Release, and any other documentation requested by Sponsor within ten (10) days of first attempted notification. In the event of noncompliance, the potential winner may be disqualified, and an alternate winner selected, at Sponsor’s sole discretion. By submitting an Entry, you agree to release and hold harmless the Promotion Entities and their respective affiliates, officers, directors, employees and agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out or in connection with the Promotion. You further agree that in any cause of action, the Released Parties’ liability will be limited to the costs of entering the Promotion and in no event shall the Released Parties be liable for attorneys’ fees. You waive the right to claim any other additional damages whatsoever, including but not limited to, punitive, consequential, direct or indirect damages. By entering the Promotion, you agree to release and hold harmless the Released Parties from any and all liability for injuries, death or losses or damages to persons or property as well as claims/actions based on copyright or intellectual property infringement, misappropriation, publicity rights, privacy rights, defamation and/or invasion of privacy.
8. INTELLECTUAL PROPERTY: By submitting an Entry, you represent and agree that your Entry will not infringe upon the intellectual property rights of any third party. All Entries and all information contained therein, including the copyright and all other intellectual property rights, become the property of the Promotion Entities and will not be acknowledged or returned. By submitting an Entry, you irrevocably assign to Promotion Entities all right, title, and interest in your Entry in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade. The rights granted under this paragraph shall extend to all Entries and all other submitted materials related to the Promotion, including those submitted by non-winners and winners. By submitting an Entry, you grant to the Promotion Entities, the right, except where prohibited by law, to use your Entry, name, likeness, picture, address (city and state), e-mail address, voice, biographical likeness, picture, address (city and state), e-mail address, voice, biographical information and written or oral statements, as well as new, additional, or different photos of you and/or the renovation for advertising and promotional purposes in promoting or publicizing the Promotion Entities, and their respective products and services, without compensation unless required by law, in for example (but not by way of limitation) marketing materials such as brochures and websites. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), email address, biographical information, entry or house photographs. The rights granted under this paragraph shall extend to Promotion Entities with respect to all entrants in the Promotion, including non-winners and winners.
9. INTERNET: Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate the Promotion should a virus, bugs or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Promotion. In such event, the prize will be awarded by Sponsor from among eligible entries received up to the date/time of corruption or modification, to the extent feasible. Sponsor is not responsible for late, lost, incomplete, or misdirected entries; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; problems downloading entries from the web site; or for any other technical problems related to web site entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of the entries in the Promotion. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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. In the event of a dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
10. DISPUTES: This Promotion is governed by the laws of the United States and North Carolina without respect to conflict of law doctrines. As a condition of participating in this Promotion, you agree that any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in North Carolina having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (e.g. costs associated with entering), and entrant further waives all rights to have damages multiplied or increased.
WINNER INFORMATION: For a list of winners, send a self addressed, stamped envelope by October 21, 2019 to Lansing Building Products, 2221 Edward Holland Drive Suite 300
Richmond, VA 23230.
SPONSOR: The Sponsor of this Promotion is Lansing Building Products, 2221 Edward Holland Drive Suite 300 Richmond, VA 23230; phone number (804) 266-8893.
Simonton®, Ply Gem® and the stylized “P” are trademarks of Ply Gem Industries, Inc. or its affiliates.