Blue & White CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE WEST SHORE HOME BLUE AND WHITE CONTEST (“CONTEST”). A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Contest begins at 12:00:01 PM Eastern Time (“ET”) on April 14, 2023 and ends at 2:00:00 PM ET on April 15, 2023 (the “Contest Period”). Void outside the United States and the District of Columbia, and where prohibited by law. Sponsor’s computer is the official time keeping device for this Contest.
SPONSOR: This Contest is sponsored by West Shore Home, LLC, 3 Crossgate Drive, Mechanicsburg, PA 17050 (“Sponsor”). This Contest is not affiliated or associated with Penn State University.
ELIGIBILITY: Eligible entrants (“Entrants”) are anyone who is (i) at least eighteen (18) years of age or the age of majority in their respective state/jurisdiction of permanent residence at time of entry; (ii) a legal resident of Indiana, Kentucky, Maryland, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, or Virginia; and (iii) owns their home, which home (a) is in a geographic area within West Shore Home’s service area and where West Shore Home is permitted to perform work, and (b) is in a suitable condition (as determined by West Shore Home or its designees) for home improvement services and installation (e.g., plumbing and electric in compliance with local building codes and regulations, no water, mold, structural damage). Employees, officers, and directors of Sponsor or its parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Contest Entities”) and members of their immediate families (spouses, parents, siblings, and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes Entrant’s full and unconditional agreement to these Contest Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
TO ENTER: During the Contest Period, eligible Entrants must submit their entry by responding to West Shore Home’s social media post directly on Twitter or Facebook and tagging @westshorehome on the post and submitting a guess for total points scored as well as total sacks in the game. Only one entry allowed per person.
Any attempt by an Entrant to obtain more than the permitted number of entries by using multiple and/or different identities, accounts, handles, or any other method will void all of that Entrant’s entries and that Entrant may be disqualified at Sponsor’s discretion. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for late, incomplete, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending will not be deemed to be proof of
receipt by Sponsor. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the social media account used to enter will be deemed to be the Entrant or participant. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive social media account will be disqualified and ineligible to win.
SELECTION OF WINNER: All entries received within the Contest Period will be reviewed by Sponsor. Winner will be selected by submitting the total points scored in the game or the closest number to the total points scored in the game. Tie breakers will be settled by choosing the Entrant who also has submitted the closest number of sacks in the game. In the event a tie still exists after applying these criteria, the winner will be the earliest Entrant. All entries will be reviewed by Sponsor for compliance with the Contest requirements.
Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor will contact potential winner by direct message on Facebook or Twitter. If a potential winner does not respond within 72 hours after the first attempt to notify him/her that he/she has been selected to receive a prize, that potential winner will be deemed to have forfeited the prize, and Sponsor will select the next eligible entry that had the closest guess to the total points scored in the game and total sacks in the game.
Except where legally prohibited, each Entrant selected as a potential winner will be required to complete and return, within seven (7) days of being notified, an Affidavit of Eligibility and Liability & Publicity Release to claim the prize. If after the first attempt to contact a potential winner, or if the potential winner fails to sign and return the Affidavit of Eligibility and Liability & Publicity Release within the required time period (if applicable) or in the event that a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize. Noncompliance with the foregoing, failure to abide by these Contest Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.
EACH ENTRANT SELECTED AS A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
PRIZE: One (1) winner will receive 12 free windows. Approximate Retail Value of Prize: $20,000.
PRIZE RESTRICTIONS: Limit of one (1) prize. All applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of the prize not specifically stated herein are the responsibility solely of winner. Any costs associated with any product or service provided to winner in excess of the value of the prize shall be the sole and exclusive responsibility of winner. The prize is not transferable and must be installed, provided, or rendered for the legal address of the Entrant. Installation must be performed by Sponsor personnel or Sponsor’s designee. The prize is subject to availability and may be subject to blackout dates and supplier limitations. Installation is subject to the terms and conditions of Sponsor’s standard installation guidelines.
Acceptance of the prize may require entering into a standard contract for the goods and services to be provided. All expenses not specifically provided for are the sole responsibility of the prize winner. Any waterproofing, remediation, licensing, permitting, or other conditions or repairs necessary for proper installation (as deemed by Sponsor or its designees in their sole discretion) must be performed at prize winner’s expense prior to installation/performance of services. Except as otherwise stated herein, no substitution in prizes or cash will be allowed except by Sponsor, who may substitute a prize of equal or greater value in its sole or absolute discretion. Prize winner must schedule the installation/prize delivery no later than one (1) month following the award of the prize and installation/delivery must occur and be completed within six (6) months of confirmed notification.
The prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prize or components of a prize. The prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Contest Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Contest Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible Entrants making purportedly valid claims to award the advertised number of prizes available.
SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM, ARISING OUT OF, OR RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
GENERAL CONDITIONS: This Contest is governed by the laws of the United States. Void where prohibited by law and outside the United States. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor’s failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process or the legitimate operation of the Contest; to violate the Contest Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents 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 used in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use or misuse of any prize. If, for any
reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Contest Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.
LIMITATIONS OF LIABILITY AND RELEASES; PUBLICITY: BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT PENN STATE UNIVERSITY, CONTEST ENTITIES, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURANCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: Except where prohibited by law, participation in the Contest constitutes Entrant’s grant to Sponsor (which grant will be confirmed in writing on request of Sponsor), and the Released Parties the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the worldwide web, at any time or times, the Entrant’s name, portrait, picture, voice, likeness, opinions, and biographical information (including but not limited to hometown and state) for advertising, trade, and promotional purposes without additional consideration, compensation, permission, or notification.
NO WARRANTIES: EVERYTHING REGARDING THE CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THE CONTEST AND ALL PRIZES, 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, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Middle District of Pennsylvania or the appropriate state court located in Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
PRIVACY: Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.westshorehome.com/privacy-policy/. Entrants agree that Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives, and service providers may use Entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.
WINNERS LIST: The winner of the Contest will be posted on Sponsor’s Twitter and Facebook accounts on or about April 21, 2023.
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