July 4th Sale
Pella “4th of July: In-home Consultation” Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. Void in Alaska and Hawaii and where prohibited or restricted by law.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
ELIGIBILITY: The Pella “4th of July: In-home Consultation” Sweepstakes (referred to as the “Promotion”) is open and offered only to home owners, 18 years of age or older, who are current legal residents of the forty-eight contiguous United States (including D.C.) and who book an in-home consultation directly with a participating Pella window and door showroom (“Participating Showroom”) (eligible “entrants”). The Promotion is available exclusively for replacement customers (not new construction) who book an in-home (not commercial) consultation at a Participating Showroom (click here for a list of Pella Participating Showrooms). Individuals who purchase or book through a Pella Showroom that is not participating in the Promotion, or indirectly through, for example, Lumberyards, National Home Centers, independent contractors (including Pella Certified Contractors), etc., are not eligible to enter or win.
Employees, officers and directors of Pella Corporation (“Sponsor”), its advertising and promotion agencies, prize suppliers, and those individuals and entities involved in the preparation of materials for, administration and/or execution of this Promotion (all collectively the “Promotion Entities” including Sponsor), and the immediate family members (defined as parents, children, siblings and spouse, partners, and including step and foster relations) regardless of where they reside, and/or individuals living in the same household (whether or not related) of any of the Promotion Entities are not eligible to participate in the Promotion
By entering the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules, and any additional instructions, and terms and conditions specific to the Promotion communicated by Sponsor (including its authorized representatives, collectively referred to herein as the “Sponsor”). By entering, entrants further agree to be bound to the decisions of the Sponsor, which are final and binding in all matters pertaining to the Promotion.
PROMOTION PERIOD: Promotion starts on or about 12:00 a.m. Central Time (“CT”) on June 25, 2018 and ends at 11:59 p.m. CT on July 14, 2018 (“Promotion Period”). All time referenced herein is Central Time. Sponsor’s clock/server is the official time-keeping device for this Promotion. Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions.
HOW TO ENTER: During the Promotion Period, to enter eligible entrants must schedule a free Pella in-home consultation (“consultation”) directly with a Pella Participating Showroom on or before July 14, 2018 (“entry”). To schedule a consultation, go to https://www.pella.com/where-to-buy/schedule-in-home-consultation/ (“Site”) and follow the instructions on the Site. You may cancel the consultation without affect to your entry. Limit one (1) entry per person/household during the entire Promotion Period.
Please do not engage in spamming or phishing or send to unauthorized or unknown recipients. All entries must be received during the Promotion Period. Once submitted, entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Sponsor reserves the right, at its reasonable discretion to immediately refuse, disqualify, or withdraw any entry and/or entrants at any time during or after the Promotion. Without limiting the foregoing, if at any time an entrant and/or winner is found to have breached, violated or failed to comply with these Official Rules (or any subsequent agreement), in whole or in part, at any time, or is or found at any time to have been ineligible, they will be immediately disqualified and agree to immediate return in full any and all prizes to Sponsor (if applicable). Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or require further information as is reasonable to protect itself, or any of the Promotion Entities against fraudulent or invalid entries/prize claims, potential public scandal, ridicule, or disrepute in awarding the prize to any entrant or winner.
Entries submitted via any other channel(s) will not be eligible for the Promotion. Entries may only be submitted by a single registered user on the Site, network, group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, account, IP or email address. Entrants may not enter through a sweepstakes club (or similar method), with multiple identities, nor shall entrants use any other robotic, bot, device or artifice to enter. Any entrant who is suspected (in Sponsor’s sole determination) of engaging in cheating, fraud, illegitimate methods, or artifice, or otherwise attempts to subvert this Promotion, or to participate more than the permitted number of times, or with multiple/false e-mail and/or addresses or accounts, or under multiple identities will be disqualified. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the account will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder whose email was used to enter. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Entering using your mobile device: Normal internet access and device usage charges imposed by your mobile plan and/or on-line service will apply to entries submitted using a mobile device. Sponsor cannot guarantee this Promotion will be available via all wireless carriers; Promotion will be available on participating wireless carriers only. Wireless carrier’s instructions may vary. Message and data rates may apply. Other charges may also apply; check your mobile plan for rates/details relating to participation in the Promotion via mobile URL.
Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected (including into spam or junk folders), or illegible entries or other Promotion related communications; computer/server, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; incompatibility; service provider, Internet, Site, device, network, user, inaccessibility or unavailability, congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of entry or other information, nor for the failure to capture any such information. Proof that you uploaded an entry is not proof of its receipt or eligibility for the Promotion, or any element thereof. It is an entrants’ responsibility to ensure Sponsor has current, accurate contact information. Entrants and/or entries that are in whole or in part ineligible, invalid, untimely, incomplete, or otherwise non-compliant will be disqualified.
DRAWING: A random drawing will be conducted by Sponsor from among all eligible entries received during the Promotion Period on or within approx. thirty (30) days following the end of the Promotion Period to select one (1) potential winner. Potential winner will be notified via telephone or email address (in Sponsor’s discretion). Potential winner will be required to complete, have notarized and return an Affidavit of Eligibility, Liability and where legal Publicity Release within the time specified in order to receive the prize, subject to compliance with these Official Rules and confirmation of eligibility, or else prize will be forfeited and awarded to an alternate potential winner.
PRIZE/ODDS: Grand Prize (1): up to $5,000 towards a Pella window and/or door project of applicable Pella products (approximate retail value (“ARV”): up to a max. total value of $5,000). Odds of winning depend on the number of eligible entries received during the Promotion Period. Limit one (1) prize.
IMPORTANT PRIZE PRE-REQUISITES: To be eligible to enter and eligible to receive the prize, the potential winner must be a homeowner with full authority and capability to have Pella window/door products installed in their home in order to receive the prize. Installation items must be purchased and installation arranged through a local Pella representative. The prize is concomitant with the project. Potential winner will be required to execute a Participating Showroom Agreement on or before September 1, 2018____________________, and project installation must be completed on or before December 31, 2019, or prize will be forfeited in its entirety and will not be re-awarded. Any unused, unclaimed, remaining or unapplied portion of the prize after installation will be forfeited, will not be awarded as cash or otherwise, and will not be carried over, applied or available towards any future projects or transferrable. An installation project costing more than the prize amount, and any upgrades, overages, extras, taxes, costs, fees and all other expenses are the sole responsibility of the winner. A potential winner who is for any reason non-compliant, unwilling, or unable to install Pella products within the time stated in order to take full advantage of the prize will be disqualified, the prize will be forfeited in its entirety and an alternate winner may not be selected. There will not be a second-chance drawing. These provisions will be interpreted and applied broadly in Sponsor’s sole and absolute discretion to affect the intention of this particular prize in this Promotion.
Prize must be taken as a whole (applicable to the same project at the same residence) or not at all. No transfer, assignment or substitution of prize (in whole or in part) is allowed; however, Sponsor reserves the right to substitute a prize, or any element thereof, with a prize of equal or greater value. Prize is not redeemable for cash. Difference between ARV and actual value of the prize will not be awarded as cash or otherwise. All federal, state and local taxes, if any, are the sole responsibility of winner. In the event that technological, programming, erroneous communications or other errors cause more than the stated number of prizes as indicated in these Official Rules, to be sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated prize herein by random drawing among all eligible, non-suspect claimants (in that prize category as applicable). Prize will be awarded provided sufficient eligible entries are received. Prize award is subject to verification and compliance; prize will only be awarded to verified and confirmed winner. Only the number and description of prize(s) stated in these Official Rules is available to be won in the Promotion and any such prize award is subject to the prerequisites and limitations stated in connection therewith. In no event shall Promotion Entities be responsible for awarding more than the stated number of prizes. Prize may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed or placed into any channels of distribution. Any depiction of a prize in advertising or promotional materials is for illustrative purposes only and depicted prizes may not be the actual prize awarded.
GENERAL RELEASES: In the event a potential winner is ineligible, non-compliant, or cannot be reached or fails to reply as directed on or within two (2) separate attempts, the prize will be forfeited and an alternate potential winner will be selected in accordance with the above. If after two (2) separate unsuccessful attempts are made, the applicable prize will not be awarded and will be forfeited. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, misdirected, undeliverable, or otherwise will be forfeited and will not be (re)awarded. Promotion Entities are not responsible for any undelivered telephone calls, posts, direct messages, e-mails, or any other communications, including but not limited to those that are not received because of entrant’s privacy or spam filter settings that may divert any prize or notifications or other Promotion related communications to a spam or junk folder. BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ITS AFFILIATED AND SUBSIDIARY COMPANIES, ITS ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART OUT OF DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, INCLUDING RELATED INSTALLATION, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEB SITES, AND/OR PARTICIPATION IN THIS PROMOTION OR ANY ELEMENT THEREOF. To the fullest extent permitted by law, entrants and winner covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind these releases to the fullest extent permitted by law. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
Publicity Release: By entering and/or accepting a prize, entrants and winners hereby consent, where lawful, to the use by Sponsor (and its authorized third parties) of their name, image, likeness, voice, hometown, and/or biographical information in any and all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval. Any depiction of prize or any element thereof in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded.
LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for injury or damage to participants' or to any other person's computer/device related to or resulting from participating in this Promotion or downloading materials from or use of the Site. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, cheating, equipment or technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof, and select the winner by random from eligible, non-suspect entries received prior to the action or as otherwise may be deemed equitable by Sponsor.
In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of participation in the Promotion or any element thereof, prize related activities, access to, and use of, any communications networks, participating internet site(s) or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on the web sites are provided "AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Except for any standard warranty that may be provided by the manufacturer and/or supplier of a prize, or any element thereof, to the winner, if any, Sponsor has not made, and Sponsor is not responsible in any manner for, any warranties, representations or guarantees, express or implied, in fact or law, relating to any prize, or any element thereof, including but not limited to, the quality, mechanical condition, merchantability, fitness for a particular purpose, and non-infringement.
Force Majeure: Promotion Entities shall not be liable to winner or any other person or entity for failure to execute the Promotion or any element thereof, or supply a prize (in whole or in part) by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or materials shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF IOWA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Marion Country, IA.
WINNER LIST: For the name of the winner, send a self-addressed, stamped envelope to: Pella “4th July: In-home Consultation” Sweepstakes, Winner List Request, 102 Main Street, Pella IA 50219, for receipt by 6/14/18. Limit one (1) request per person/household address.
SPONSOR: Pella Corporation, Pella, IA 50219.