Blue & White Window Sweepstakes OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE WEST SHORE HOME BLUE AND WHITE SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sweepstakes begins at 12:00:01 PM Eastern Time (“ET”) on October 18, 2023 and ends at 3:00:00 PM ET on October 21, 2023 (the “Sweepstakes Period”). Void outside the United States, in Florida, New York, Rhode Island, the District of Columbia, and where prohibited by law. Sponsor’s computer is the official time keeping device for this Sweepstakes.
SPONSOR: This Sweepstakes is sponsored by West Shore Home, LLC, 3 Crossgate Drive, Mechanicsburg, PA 17050 (“Sponsor”). This Sweepstakes is not affiliated or associated with Penn State University.
2. 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 Alabama, Colorado, Georgia, Indiana, Kentucky, Maryland, Missouri, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, 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 corporate affiliates, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Sweepstakes 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 Sweepstakes Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
3. HOW TO ENTER: During the Sweepstakes Period, eligible Entrants must submit their entry by one of the following methods: (i) tagging two accounts within the comments on West Shore Home’s social media post directly on Twitter, Instagram, or Facebook, following the West Shore Home social media account, and liking the post; or (ii) printing your name, your complete mailing address, and your email address on a 3” x 5” card, writing the words “Blue and White Window Sweepstakes” at the top, and mailing the card to West Shore Home at 3 Crossgate Drive, Mechanicsburg, PA 17050. Mailed entries must be postmarked at least one (1) day before the end of the Sweepstakes Period to be eligible to win.
LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES MAY BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties may be disqualified. 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. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email or social media account will be disqualified and ineligible to win.
4. ODDS OF WINNING: The odds of winning the prize are determined by the number of entries received. For example, if 10,000 eligible entries are received, the odds of winning would be 1 in 10,000.
5. SELECTION OF WINNER: On or about October 24, 2023, Sponsor will select the name of one (1) potential prize winner in a random drawing from among all entries received.
Winning the prize is contingent upon fulfilling all requirements set forth herein. Sponsor will contact the potential winner by direct message on Twitter, Instagram, or Facebook, or by email if Entrant entered by postcard. If a potential winner does not respond within 72 hours after the first attempt to notify them that they have been selected to receive a prize, that potential winner will be deemed to have forfeited the prize, and Sponsor will select another potential winner.
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 Sweepstakes Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.
If, for any reason, the Sweepstakes 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 Sweepstakes, Sponsor may, in its sole discretion, void any suspect entries and (i) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Sweepstakes Rules; and/or (ii) 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.
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 SWEEPSTAKES. 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.
6. PRIZE: One (1) winner will receive window replacement products and services offered by Sponsor having a retail value of $10,000. The 10,000 includes the cost of labor, materials, permitting fees (if any), and Sponsor’s markups. All products and installation must be provided by Sponsor. Any costs or expenses in excess of the stated maximum retail value of $10,000 shall be the sole and exclusive responsibility of the prize winner. The prize winner shall be solely responsible for all expenses not specifically provided herein. In the event the total retail value for the prize winner’s project is less than $10,000, such excess shall be deemed forfeited. The winner will not receive or be entitled to receive any cash payment for the difference between the retail value of the project and the prize amount.
7. 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 sole responsibility of the winner. Sponsor is required to send a 1099-MISC form for all prizes awarded in excess of $600. Sponsor will issue a 1099-MISC form to the prize winner and submit the same to the Internal Revenue Service. Prior to receiving the prize, the winner must provide Sponsor with their complete name, address, and social security number or taxpayer identification number on a signed form W-9 for reporting purposes. If the prize winner fails or otherwise refuses to promptly provide a signed and completed form W-9, the winner will be disqualified and another winner will be chosen.
The prize cannot be used in conjunction with any other promotion or offer. The prize is not transferable. The address of the winner must be an eligible address as set forth in Section 2 of these Sweepstakes Rules and must be the address where the services are rendered. 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. Any waterproofing, remediation, 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 and 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 three (3) months of confirmed notification, unless Sponsor is unable to meet these deadlines, in which case Sponsor will perform the installation when feasible.
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.
8. GOVERNING LAW; ARBITRATION OF DISPUTES: This Sweepstakes is governed exclusively by the laws of the Commonwealth of Pennsylvania. By entering the Sweepstakes, each Entrant agrees that any and all disputes, claims, or controversies (each, a “Claim”) arising from or relating to the Sweepstakes, interpretation of these Sweepstakes Rules, or any prize awarded, shall be subject to binding arbitration before one (1) arbitrator, in accordance with and pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration hearing will be held in Cumberland County, Pennsylvania. Each Entrant agrees that they will not assert a Claim on behalf of, or as a member of, any group or class. Any and all awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorney’s fees. The findings of the arbitrator shall be final and binding on all parties. Each party shall be responsible for its own filing fees, case administration fees, arbitrator or neutral compensation, and attorney’s fees, expenses and costs. This agreement to arbitrate, and any award or verdict will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of the demand for arbitration will be filed by the party asserting the Claim with the AAA. The demand for arbitration shall be made within 90 days after the Claim in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. Any arbitration proceeding, and any award or verdict shall remain confidential between the parties and shall not be made public.
9. WAIVER: Sponsor’s failure to enforce any term of these Sweepstakes Rules shall not constitute a waiver of that or any other provision.
10. LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT PENN STATE UNIVERSITY, SPONSOR, SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, SUPPLIERS, 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 SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR PRODUCT/SERVICES DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES 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 SWEEPSTAKES, 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 SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
11. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: Except where prohibited by law, participation in the Sweepstakes 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.
12. NO WARRANTIES: EVERYTHING REGARDING THE SWEEPSTAKES, INCLUDING EACH WEBSITE ASSOCIATED WITH THE SWEEPSTAKES 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 LIMITATION OR EXCLUSION 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.
13. 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.
14. WINNERS LIST: The winner of the Sweepstakes will be posted at https://westshorehome.com/we-are-entry-rules/ on or about October 30, 2023.
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