The STAINMASTER® Carpet Great Fall Fix Up Promotion Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
The STAINMASTER® Carpet Great Fall Fix Up Promotion (the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) and Canada (excluding the province of Quebec) who are twenty one (21) years or older at the time of entry and an owner and occupant of a residential home or condominium with all rights to make non-structural improvements. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of INVISTA S.à r.l., or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: INVISTA S.à r.l., 175 TownPark Drive, Suite 300, Kennesaw, GA 30144. Administrator: INVISTA S.à r.l., 175 TownPark Drive, Suite 300, Kennesaw, GA 30144.
3. Timing
The Promotion begins on July 26, 2010, at 12:00 a.m. Eastern Standard Time ("EST") and ends on September 30, 2010 at 11:59 p.m. EST (the "Promotion Period"). Sponsor's computer is the official time keeping device for this Promotion.
4. How to Enter
During the Promotion Period, go to www.STAINMASTER.com, fill out the online entry form completely by providing the requested information and submit the online form. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to enter the Promotion will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an 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 address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this Promotion.
5. Winner Selection
On or about October 1, 2010, Sponsor or an independent judging agency will select one (1) entry for the grand prize described below in Section 8 in a random drawing of all valid entries received. The entrant will be contacted using the email address provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules.) Sponsor's decisions as to the administration and operation of the Promotion and the selection of potential winner is final and binding in all matters related to the Promotion. Winner will be notified by email by November 1, 2010. Failure to respond to the initial notification e-mail within ten (10) days of date it was sent or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification and selection of an alternate potential winner in a random drawing of all remaining valid entries received. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
6. POTENTIAL PROMOTION WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. POTENTIAL WINNER MAY BE REQUIRED TO PROVIDE THE SPONSOR AND/OR THE ADMINISTRATOR DOCUMENTATION NECESSARY TO OBJECTIVELY DEMONSTRATE THAT THEY WERE AN ELIGIBLE ENTRANT AT THE TIME OF ENTRY.
7. Verification of Potential Winner
Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email, after the date of random drawing. The potential winner will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited), and a W-9 or other applicable tax form in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release/W-9 or other applicable tax form within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits the prize. The potential winner may also be required to execute agreements with the design consultant, contractors and other persons retained to provide a room makeover described in Section 8 below. In the event that a potential winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. If the selected winner is a Canadian resident, he or she will be required to correctly answer a mathematical skill-testing question in order to be eligible for a prize. Failure of a Canadian potential winner to correctly answer the skill-testing question in the time allotted will result in disqualification and the forfeiture of his or her interest in the prize, and the random selection of a substitute potential winner from among all remaining eligible entries.
8. Grand Prize
One winner will receive a Great Fall Fix Up Room Makeover ("Prize") for any interior living space of a residential home or condominium, except that it excludes improvements to all bathrooms, powder rooms, utility rooms, kitchens, unfinished basements, outdoor living spaces, garages, and detached buildings. Winner must be the owner and occupant of a residential home or condominium, with the right to make non-structural improvements during the entire time the makeover is to be conducted or the Prize will be deemed forfeited. In such an event, at Sponsor's option and discretion, the Prize may go unawarded or an alternative winner may be chosen by a random drawing of all remaining eligible entries. The Prize may include the non-structural installation of the following in a Sponsor approved interior living space:
- STAINMASTER® carpet and STAINMASTER ®carpet cushion
- Furniture
- Window treatments
- Lighting
- Wall covering and related accessories
An interior designer of INVISTA's choice, will provide upfront consulting services to the winner and will determine the nature and scope of the makeover in consultation with the winner. Arrangements for receipt of consulting services will be made at the time winner is notified and Sponsor has verified winner's eligibility to win the Prize. The proposed makeover and budget will be submitted to Sponsor for its review and approval. Upon approval, Sponsor will reimburse the cost of the makeover up to a total of US$15,000. Any costs in excess of this amount shall be the sole responsibility of the winner.
The makeover must be completed by no later than September 30, 2011, unless Sponsor in its sole discretion determines that additional time is necessary. If the winner is unable to accept the Prize or have the improvements done by said deadline because of damages to or destruction or other unavailability of winner's residence by any Act of God, fire, natural disaster or other cause beyond the reasonable control of the winner, Sponsor may in its sole discretion, choose an alternate winner or the Prize may go unawarded.
No cash equivalent for the Prize, the Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion.
Sponsor reserves the right to substitute the Prize for one of equal or greater value for any reason.
Approximate retail value of the Prize is US$15,000.00 including all applicable taxes, installation costs and labor.
Winner is responsible for all taxes and fees associated with Prize receipt and/or use.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Promotion judges which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and the Administrator and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant's participation in the Promotion and/or entrant's acceptance, use or misuse of the Prize.
10. Publicity
Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for any promotional, marketing or advertising purposes in any media, worldwide, without further payment, approval or consideration. In addition, except where prohibited, participation in the Promotion and acceptance of the Prize constitutes winner's consent to Sponsor and its agents photographing, videotaping or otherwise recording (collectively "recording") the exterior and interior winner's residence before, after and during the makeover and using such recordings for any promotional, marketing or advertising purposes in any media, worldwide, without further payment, approval or consideration.
11. General Conditions
Sponsor and/or Administrator reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, for any reason or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor and/or Administrator in its sole discretion. Sponsor and Administrator each reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and/or Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor and/or Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor and/or Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in the New York, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, 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 LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor and/or Administrator in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Entrant's Personal Information
Information collected from entrants is subject to the Sponsor's Privacy Policy which is available at http://www.invista.com/privacy.shtml.
15. Promotion Results
For Promotion results send a hand-printed, self-addressed, stamped envelope to The STAINMASTER® Carpet Great Fall Fix Up 2010 Promotion ? Winner's List, c/o INVISTA S.à r.l., 175 TownPark, Suite 300, Kennesaw, GA 30144 . Residents of Vermont may omit return postage. Requests for the winner list must be received by October 1, 2010.
I hereby acknowledge that I am at least 21 years of age I have read and accept the official rules of the STAINMASTER® carpet Great Performance Sweepstakes as stated herein.