These Giveaway Terms and Conditions (the "Official Rules") govern the promotional giveaway (the "Promotion") offered by Clear Choice Home Improvement (the "Sponsor"). By participating in the Promotion, each participant fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Promotion.
IMPORTANT: This Promotion is a promotional giveaway tied to the purchase or completion of a qualifying project with Sponsor. It is not a general consumer sweepstakes and does not offer any free or alternate method of entry. Entry is available only to eligible customers who complete a qualifying project with Sponsor as described below.
The Promotion is open only to natural persons who, at the time of entry:
The Promotion is void where prohibited or restricted by law. Employees, officers, and directors of Sponsor, its parent companies, affiliates, subsidiaries, advertising and promotion agencies, and immediate family members (spouse, parents, siblings, and children) and household members of each such employee, officer, or director are not eligible to participate or win.
There is no stand-alone entry form and no free or alternate method of entry. Entry into the Promotion is available only by completing a qualifying project with Sponsor, as defined below. A "qualifying project" is a home improvement project purchased from and completed by Sponsor that meets all of the following requirements:
Upon confirmation by Sponsor that a qualifying project has been completed and paid as required, the eligible customer associated with that project will automatically receive one (1) entry into the Promotion. Limit one (1) entry per qualifying project, regardless of the number of individuals listed on or associated with the project. Sponsor may, in its sole discretion, limit the total number of entries per household or per customer account.
No purchase other than the qualifying project is required, but entry into the Promotion is conditioned upon completing and paying for the qualifying project with Sponsor. There is no way to enter the Promotion without being a paying customer who completes a qualifying project. No mail-in, online, or other alternate entry method is offered or accepted.
The Promotion begins at 12:00:01 a.m. [local time] on [insert start date] and ends at 11:59:59 p.m. [local time] on [insert end date] (the "Promotion Period"). Only qualifying projects that are contracted during the Promotion Period and completed and paid as required by these Official Rules will be considered for entry. Sponsor’s records and systems shall be the official time-keeping devices for the Promotion.
Subject to verification and compliance with these Official Rules, the prize(s) available to be won in the Promotion are as follows:
Actual value of any prize may vary. Sponsor will not award more than the stated number of prizes. Prizes are non-transferable and may not be sold, assigned, substituted, or redeemed for cash, except that Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value if the stated prize becomes unavailable for any reason. Any and all federal, state, and local taxes and all other costs and expenses associated with prize acceptance, receipt, and/or use that are not expressly stated in these Official Rules are the sole responsibility of the winner.
On or about [insert drawing date], Sponsor will conduct a random drawing from among all eligible entries received during the Promotion Period to select the potential winner(s). The number of winners selected will correspond to the number of prizes described above. Sponsor’s decisions regarding the administration of the Promotion and selection of potential winners are final and binding in all respects.
Odds of winning depend on the total number of eligible entries received. Because entries are tied to qualifying projects completed during the Promotion Period, the number of entries will vary based on the number of eligible customers and qualifying projects completed.
Potential winner(s) will be notified by Sponsor using the contact information associated with their qualifying project, which may include telephone, email, postal mail, or another reasonable method, in Sponsor’s sole discretion. It is the participant’s responsibility to ensure that Sponsor has current and accurate contact information.
To claim a prize, a potential winner may be required, in Sponsor’s sole discretion, to complete, sign, and return an affidavit of eligibility, liability/publicity release (where lawful), IRS Form W-9, and/or other forms or documents requested by Sponsor, within the time period specified in the notification. Sponsor may also require proof of identity, U.S. citizenship, age, and completion/payment of the qualifying project to its satisfaction. If a potential winner cannot be contacted, fails to respond or comply with these requirements within the stated time period, is found to be ineligible, or declines the prize, Sponsor may, in its sole discretion, disqualify that individual and select an alternate potential winner from among remaining eligible entries, or elect not to award the prize.
Except where prohibited by law, participation in the Promotion and/or acceptance of a prize constitutes the winner’s permission and agreement for Sponsor and its designees to use the winner’s name, city and state of residence, likeness, photograph, video, voice, biographical information, and any statements made regarding the Promotion or Sponsor for advertising, trade, promotional, and other purposes, in any and all media now known or hereafter devised, worldwide and in perpetuity, without additional compensation, notice, or approval.
By participating in the Promotion, each participant agrees to release, discharge, indemnify, and hold harmless Sponsor, its parent companies, affiliates, subsidiaries, advertising and promotion agencies, and each of their respective officers, directors, employees, representatives, and agents (collectively, the "Released Parties") from and against any and all claims, actions, liabilities, damages, losses, costs, or expenses of any kind (including, without limitation, attorneys’ fees) arising out of or in connection with their participation in the Promotion, the acceptance, possession, use, or misuse of any prize, or any Promotion-related activity, including, without limitation, personal injury, death, or damage to or loss of property.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by participants, printing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error that may occur in the administration of the Promotion or the processing of entries; (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Promotion or receipt or use of any prize; or (f) any other errors or problems in connection with the Promotion, including, without limitation, errors in advertising, these Official Rules, the selection and announcement of winners, or the distribution of prizes.
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN THE PROMOTION OR THE ACCEPTANCE OR USE OF ANY PRIZE. THE RELEASED PARTIES’ TOTAL LIABILITY TO ANY PARTICIPANT SHALL NOT EXCEED THE ACTUAL OUT-OF-POCKET COSTS INCURRED BY SUCH PARTICIPANT IN ENTERING THE PROMOTION, IF ANY.