Pella Smart Thermostat Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sweepstakes Period: The Pella Smart Thermostat Giveaway (“Sweepstakes”) begins on October 26, 2022, at 12:00:00 a.m. Central Time (“CT”) and ends on November 27, 2022, at 11:59:59 p.m. CT (“Sweepstakes Period”). The Sweepstakes is Sponsored by Pella Corporation (herein “Sponsor”). Sponsor is the official timekeeper for the Sweepstakes.
2. Eligibility: The Sweepstakes is open to legal residents of Arkansas, Missouri, Illinois, Indiana, California, Texas, Georgia, Maine, New Hampshire, Kansas, Oklahoma, South Carolina, Tennessee, and Virginia (“Eligible States”) who are eighteen (18) years of age or older as of the time of entry. Entries from residents of any other states or jurisdictions will be disqualified. Employees, officers and directors of Sponsor, Hawkeye, Inc., their respective parents, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in the Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules may result in disqualification. Sweepstakes is void outside of the Eligible States and wherever prohibited by law.
3. How to Enter: There are two (2) ways to enter during the Sweepstakes Period. To enter online, go to https://www.pellabranch.com/request-an-appointment/ (“Website”) and follow the on-screen instructions to complete the form and schedule your free consultation with a Pella representative during the Sweepstakes Period to receive one (1) entry into the sweepstakes drawing. No robotic, programmed, script, macro, or other automated entries are allowed. Any entries that have been tampered with will result in disqualification of all such entries. To enter by mail without scheduling a consultation, handprint your name, address, city, state, ZIP code, email address, and phone number on a 3” X 5” paper and mail it in a business-size (#10) envelope with proper postage affixed to: Pella Smart Thermostat Giveaway, 2828 Routh St, Dallas, TX 75201 (“Mail-In Entry”). Mail-In Entries must be postmarked by November 27, 2022, and received by December 4, 2022, to receive one (1) entry into the sweepstakes drawing. Limit One (1) entry per person regardless of the method of entry.
Released Parties (as defined in Section 7 below) are not responsible for lost, late, misdirected, damaged, postage-due, or incomplete entries. Incomplete entries will not be acknowledged and will not be included in the Sweepstakes drawing. All entries submitted become the property of Sponsor and will not be returned. Submission of an entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt. Only the person associated with the entry may be entitled to a prize. In the event of a dispute as to who entered, and if applicable, the name of the “authorized account holder” associated with the email account used for entry will be deemed to be the entrant as long as such person is eligible and in compliance with these Official Rules. The authorized account holder of the email address is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Online entries must be completed, submitted, and received by Sponsor during the Sweepstakes Period to count toward entry into the Sweepstakes drawing. Any entry that does not comply with these requirements, in the sole opinion of the Sponsor, may be disqualified. Multiple entrants are not permitted to share the same email address for purposes of entry into the Sweepstakes. Use of any automated program or method to enter or use of multiple email addresses to enter the Sweepstakes more than one time, will result in disqualification of all associated entries and of the person/email address account responsible for such entries.
4. Drawing/Odds of Winning: Odds of winning a Sweepstakes prize will depend on the total number of eligible entries received. The Sweepstakes drawing will be conducted on or about December 5, 2022 (“Drawing Date”) by the Sponsor or an agent appointed by Sponsor whose decisions shall be final in all matters relating to the Sweepstakes. Ten (10) potential winners will be selected at random from among all eligible entries and notified that they are a potential winner via email. No potential winner will be deemed a winner until their eligibility has been verified and it is determined that they have complied with all terms of these Official Rules.
All potential winners must respond by email within three (3) calendar days of winner notification or may forfeit the prize. Prior to being confirmed as a Winner, potential winner will be required to sign and return an Affidavit or Declaration of Eligibility and Liability/Publicity Release within five (5) calendar days of winner notification. Refusal to do so will result in forfeiture of the prize. If potential winner cannot be contacted within three (3) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner fails to return his/her winner documents within the time set forth above or otherwise rejects his/her prize, or in the event of noncompliance with these Promotion Official Rules, such eligible winner may forfeit such prize and an alternate eligible winner may be selected from all remaining eligible entries, time permitting. Upon prize forfeiture, no compensation will be given. Potential winner must continue to comply with these Official Rules and winning is contingent upon fulfilling all requirements.
5. Prize and Approximate Retail Value (“ARV”): Ten (10) Prizes: Each prize winner will receive a smart thermostat. Approximate retail value of each prize (“ARV”): $200. Total prize ARV: $2,000. Make and model of the smart thermostat is to be determined and at Sponsor’s sole discretion. Unclaimed or forfeited prize will not be awarded. No substitution, transfer, or cash redemption of prize is permitted, except as expressly set forth herein by Sponsor, who reserves the right to substitute a prize of comparable or greater value (at its sole discretion) for any reason.
Any expenses not specifically stated herein, including but not limited to state and local government surcharges, taxes (including federal, state, and local income taxes), other costs, and other expenses relating to the prize and the use or acceptance of the prize are the sole responsibility of the winners. All prize details not specified herein shall be determined by Sponsor in its sole discretion. Installation of the smart thermostat is the sole responsibility of the winner. Prizes are awarded “as is” with no guarantee, either express or implied, in fact or in law, by Sponsor.
Prizes are not negotiable with the Winner. Prizes are non-transferable, and no substitutions are allowed except by Sponsor who may award a prize for one of equal or greater value for any reason. If a prize is not claimed within the designated time, an alternate potential winner will be drawn from all remaining eligible entries. Any difference between the stated estimated value of a prize and its actual value will not be awarded.
6. Publicity Consent: By accepting a prize, winner grants Sponsor and Sponsor’s agents, the right to use their name, likeness, voice, photographs, and opinions in any advertising, publicity, and promotion in any media worldwide without further compensation or permission, except wherever prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for change to a potential winner’s mailing address, email address, and/or phone number. If a prize-related communication is returned as undeliverable, prize will be forfeited. Failure by a potential winner to respond to the potential winner notification(s) as directed within the specified time-period, the return of any notification as undeliverable, the return of a prize as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact a potential winner within a reasonable time-period may result in forfeiture of potential winning status, and an alternate winner will be selected.
7. General: By participating, entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters. Entrants further agree to release, discharge and hold harmless Sponsor, Hawkeye, Inc., their respective parents, affiliates, subsidiaries, distributors, suppliers and advertising, promotion, and judging agencies associated with the Sweepstakes, and all other service providers involved with the design, execution or fulfillment of this Sweepstakes, and the respective directors, officers, agents and employees of each of the foregoing (collectively, “Released Parties”) from and against any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes and the acceptance, use, misuse or possession of a prize (if applicable), including as set out in Rule 9, below. Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process, the operation of the Sweepstakes; (c) acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES OR THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY SUCH INDIVIDUAL FROM THIS AND FUTURE PROMOTIONS. All materials submitted become the property of Sponsor and will not be returned. By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the United States.
8. Binding Arbitration: Subject to applicable laws, any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that such claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
SUBJECT TO APPLICABLE LAWS, THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR THE PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Texas in the United States, without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Texas; and (b) any matters or proceedings which are not subject to arbitration as set forth above in this Section 8 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the State of Texas.
9. Limitation of Liability: Released Parties do not assume any responsibility for, and the entrant hereby releases and agrees to hold the Released Parties harmless from and against, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of the winners, and the arranging for, awarding of and use of the prize or portion thereof. Without limiting the generality of the foregoing, the Released Parties are not responsible for (a) the incorrect or inaccurate capture of entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (c) any loss, damage, or claims caused by, or in any way related to, the awarded prize or the Sweepstakes itself; (d) failure of any website associated with this Sweepstakes, or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail, Instagram direct message, or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (e) any typographical or other error or omission in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement or notification of the winners; (f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (g) any claims regarding the accepting, arranging for, awarding of or use of the prize or any portion thereof; (h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (i) cheating or fraud by any participant. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Sweepstakes. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to modify, terminate or suspend this Sweepstakes. In the event of termination, Sponsor may randomly select the winners from among all eligible, non-suspect entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.
10. Winners’ Names: For the winners’ names (available after potential winners have been verified), send a self-addressed, stamped, business size (#10) envelope by February 4, 2023, to: “Pella Smart Thermostat Winners”, 2828 Routh St, Dallas, TX 75201.
12. Rules Govern: In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern, and control.
13. Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. Sponsor: Pella Corporation, 102 Main St, Pella, IA 50219.
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