No Love for Your Fridge Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. CHANCE OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE TOTAL NUMBER OF FAN VOTES RECEIVED. BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
1. CONTEST TIMING: These Official Rules (the “Official Rules”) apply to the No Love for Your Fridge Giveaway (“Contest”) being conducted by United HomeVu Ohio, LLC, a Delaware LLC, doing business as NextEra Home ("Sponsor” or “NextEra Home”), and administered by Cohen-Friedberg Associates, LLC (“Administrator”). The Contest entry begins on Thursday, January 15, 2020 at 12:01 a.m. Eastern Time (“ET”) and ends on Friday, January 31, 2020 at 11:59:59 p.m. ET (the “Entry Period”). The public voting period will begin Saturday, February 1, 2020 at 12:01 a.m. and ends Friday, February 14, 2020 at 4:00 p.m. ET (“Public Voting Period”). At the conclusion of th Public Voting Period the entry with the greatest number of fan votes will be the winner (pending verification by Administrator). In case of a tie, the Sponsor will cast one (1) vote to determine the winning entry. The clock on NextEra Home’s web site will be the official timekeeper for this Contest. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW OR REGULATORY ORDER. The Sponsor’s database clock will be the timekeeper for the Contest.
2. LIMIT: One (1) entry per person or household. LIMIT: One (1) vote per person over the Public Voting Period however you may vote for multiple entries on that single visit.
NO PURCHASE, PAYMENT OR OTHER CONSIDERATION IS REQUIRED BY YOU (“you” or “your” or “entrant”) TO ENTER, WIN OR TO REGISTER IN THE CONTEST. THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (“U.S.”), EIGHTEEN (18) YEARS OF AGE OR OLDER (or the age of majority in the state you reside), AND A HOME OWNER IN THE U.S., AT THE TIME OF ENTRY. DO NOT PROCEED IN THIS CONTEST IF YOUR ARE NOT AN ELIGIBLE PARTICIPANT.
Employees of NextEra Home, its respective subsidiaries, affiliates, and advertising and promotion agencies, including Administrator, and their immediate families (spouse, parents, children and siblings and their respective spouses) and individuals living in the same households of such employees are ineligible to receive the Prize.
Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor and the Administrator whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
4. HOW TO ENTER:
The objective of this Contest is to post/share a photo or video (not to exceed 15 seconds) of your “ugly fridge” demonstrating why you need a new refrigerator (“Eligible Entry”). Do not include others in the submission. If your Eligible Entry complies with the Official Rules, it will be entered into the Public Voting Period to determine the winning entry.
Facebook Entry: During the Entry Period visit the Sponsor’s Facebook page at https://www.facebook.com/nexterahome and submit your Eligible Entry in the “reply” to the Contest post. By posting you confirm your agreement with the Official Rules. Facebook’s terms and conditions apply https://www.facebook.com/legal/terms.
Each Facebook Entrant must be an active holder of a non-private account to be eligible to enter the Contest via social media (i.e., Entrant must make sure his or her posts are set to “public” and not “private”). NOTE: Any entry submission that Includes or depicts any logo i.e. on a refrigerator, will not be an Eligible Entry.
Proof of delivery or receipt of entry will not be deemed by the Sponsor as proof of entry into the Contest. All entries become the sole property of Sponsor and will not be acknowledged or returned. All entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements for the photo or video specified below or above or otherwise do not comply with the Official Rules herein will be disqualified and are not Eligible Entries. Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry.
Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures impair the integrity of the Contest as determined by the Sponsor, in its sole discretion, and to award the prize based on Eligible Entries received prior to the cancellation.
If you opt to access the Contest via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in the Contest. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND OTHER RELEASED PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to Entrant.
Entry submissions may not contain, as determined by the Sponsor, in its sole discretion, any material or content that:
a) is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
c) includes obscene or offensive messages; endorsement of any form of hate or hate group; duplication of any other photo or video submission;
d) promotes terrorist acts, such as providing instructions on how assemble bombs, grenades and other such weapons or providing instructional information about illegal activities;
e) defames, misrepresents, or contains disparaging remarks about Sponsor, its customers or products or other people or companies;
f) includes personal identification, such as personal names or e-mail addresses;
g) includes messages or images inconsistent with the positive images and/or good will to which the Sponsor wishes to associate;
h) infringes the rights of any third party; and/or
i) violates any law;
Entrant’s Representations: By entering the Contest you represent and warrant that (a) the submission is Entrant’s original work product and does not infringe the rights of any third party, (b) publication of the submission via various media will not infringe the rights of any third party and (c) the submission has not been previously published in any medium. Each Entrant will indemnify and hold harmless Sponsor and other Released Parties (defined below) from any claims to the contrary. Any Entrant whose work includes likenesses of third parties or contains elements not owned by Entrant (such as, but not limited to, depictions of persons, buildings, trademarks, or logos) must be able to provide legal releases for such use including the Sponsor’s use of such entry, in a form satisfactory to Administrator, upon request, prior to awarding of prize.
Entry Notes: Entrant will be able to review his or her entry prior to submission, but once any entry is submitted, Entrant cannot access/revise such entry in any way. Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all Entrants release the Sponsor, Administrator, Facebook, Inc., and their respective parent, subsidiary, and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, contractors, attorneys, successors, and assigns (the “Released Parties”) from and against all claims and damages arising out of or in connection with each Entrant's participation and/or entry in the Contest and/or his/her receipt or use of the prize awarded in the Contest.
Sponsor is not responsible for problems downloading or uploading any Contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Contest.
5. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”):
One (1) Grand Prize: Winner will receive a new refrigerator of their choice up to a maximum value of $3,000.
ARV of the Grand Prize is: $3,000
The Grand Prize winner will receive an IRS form 1099 as required by law. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prize is not redeemable for cash. Sponsor reserves the right to substitute a particular prize for one of comparable or greater value including cash. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees.
6. WINNER ANNOUNCEMENT:
Winner will be posted on the Contest Facebook Site after 4:01 p.m. on February 14, 2020.
7. WINNER NOTIFICATION: The Contest winner will be notified via email, direct message or by phone by the Administrator requesting confirmation of the winner’s name and mailing address. The winner is subject to verification. Potential Grand Prize winner will be required to complete, sign, and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release and W-9 tax payer request for identification within seven (7) calendar days of attempted notification. If any potential winner fails to respond to any notification attempt within 72 hours of the first winner notification attempt, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within seven (7) calendar days, the potential winner may, at the Sponsor’s sole discretion, be disqualified and an alternate winner may be selected. The alternate winner will be the entry with the next greatest number of fan votes.
Once eligibility has been verified and the Administrator receives the prize winner’s requested information, the Sponsor will arrange to award the Prize. Prize winner must reply with all required information in order to receive their Prize.
8. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Entry constitutes permission for the Sponsor to use Entrant’s entry materials, name, photograph, likeness, voice, biographical information, statements, and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sponsor from all claims arising out of the use of such Attributes.
9. GENERAL CONDITIONS:
All taxes, fees and surcharges on the Prize won are the sole responsibility of the winner. YOU AGREE (I) TO BE BOUND BY ALL APPLICABLE U.S. LAWS AND REGULATIONS, AS WELL AS THESE OFFICIAL RULES AND THE DECISION OF SPONSOR AND ADMINISTRATOR, WHICH ARE FINAL AND LEGALLY BINDING ON ALL MATTERS RELATING TO THE CONTEST, (II) TO WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THESE OFFICIAL RULES, AND (III) TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, PROMOTION AND ADVERTISING AGENCIES, INCLUDING THE ADMINISTRATOR, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THIS CONTEST OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NON USE OF THE PRIZE THAT MAY BE AWARDED. Releasees are not responsible for printing or typographical errors in any Contest-related materials; for stolen, lost, late, misdirected, damaged, incomplete, inaccurate entries, or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including any injury or damage to you or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest, or inability to access any web site associated with this Contest, or process any transaction thereon. If in Sponsor’s sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of this Contest, the Administrator and Sponsor each reserves the right at its sole discretion to disqualify any individual Administrator or Sponsor believes has tampered with the entry process and/or void any entries Administrator or Sponsor believes to have been submitted fraudulently, to modify or suspend this Contest, or to terminate this Contest and conduct a random drawing to award the Prize using all non-suspect entries received as of the termination date. Moreover, Sponsor reserves the right to rescind or change these Official Rules or this Contest at any time without notice unless otherwise prohibited by applicable law. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Any attempts by an individual to access any web site associated with this Contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs such as by script, macro or any other automated means is prohibited and entries so generated are void. This Contest is conducted in English (which will be given its everyday ordinary meaning). By entering this Contest, you hereby agree that (a) any and all disputes shall be resolved in the appropriate state and federal courts in the State of Florida located in West Palm Beach, Florida, exclusively, and subject to the laws of the State of Florida (and should there be a conflict between the laws of the State of Florida and any other laws, the conflict will be resolved in favor of the laws of the State of Florida), (b) you irrevocably waive any objection, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions, including any objection to the laying of venue based on the grounds of forum non conveniens and any objection based on the grounds of lack of in personam jurisdiction, and (c) IN ANY LITIGATION ARISING FROM OR RELATED TO THIS CONTEST, YOU HERETO AND HEREBY KNOWINGLY, VOLUNTARILY INTENTIONALLY WAIVE THE RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST, OR ANY COURSE OF CONDUCT, COURSE OR DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY RELATING TO THIS CONTEST. You may not assign, transfer or otherwise delegate any obligation you have under these Official Rules without Sponsor’s prior written approval, which such approval may be withheld by Sponsor in its sole discretion. The failure of Sponsor to enforce, insist upon, or comply with any of the terms, conditions or covenants of these Official Rules or the Contest, or Sponsor’s waiver of the same in any instance or instances shall not be construed as a general waiver or relinquishment of any such terms, conditions or covenants, but the same shall be and remain at all times in full force and effect. You acknowledge that you have carefully reviewed these Official Rules, that you have been advised with regard to the subject matter hereof by legal counsel selected by you if you so choose to seek such counsel, and that these Official Rules and any uncertainty or ambiguity herein and therein shall not be construed against Sponsor as drafter. Should any provision, portion or application thereof, of these Official Rules be determined by a court of competent jurisdiction to be illegal, unenforceable or in conflict with any applicable laws, an equitable adjustment to the affected provisions of these Official Rules with a view toward effecting the purpose of these Official Rules and the validity and enforceability of the remaining provisions, portions or applications thereof, shall not be impaired.
Contest sponsored solely by:
6001 Village Boulevard
West Palm Beach, FL 33407
Cohen-Friedberg Associates, LLC
Framingham, MA 01702
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