Patio Wars: Official Rules

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AL-NEW Patio Wars Contest 2020

NO PURCHASE NECESSARY. Open only to legal residents of the US who are 18 or older at time of entry.  Void where prohibited.  Promotion subject to Official Rules and additional restrictions on eligibility.  Five (5) winners will each receive First Prize of gift card with ARV $500 and one (1) winner will receive Grand Prize of $2000. Odds of winning depend on number of eligible entries received. Starts at 12:00 AM (CT) on 5/15/20.  All entries must be received by 8/7/20 to be eligible for a prize. For complete details see Official Rules below.

Sponsor:  AL-NEW, LLC, 1765 Holmes Rd., Elgin, IL 60123

Official Rules (Updated 04/30/2020)

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1.)  Eligibility: The AL-NEW Patio Wars Contest 2020 (“Contest”) is open only to legal residents of the United States who are over the age of 18 at the time of entry. Persons in any of the following categories are not eligible to participate or win a prize:  (a) persons who are employees or agents of Al-New, LLC, its parent company or affiliates, (b) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Contest; or (c) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories.  Subject to all applicable federal, state, and local laws and regulations.  Void outside the United States and where prohibited. 

2.)  Agreement to Rules:

a) By participating, the Entrant agrees to be fully unconditionally bound by these Official Rules and meet the eligibility requirements.

b) Entrants agree to accept the decision of Sponsor as final and binding as it relates to this contest.

c) Winning a prize is contingent upon fulfilling all requirements set forth herein.

3.) Timing:  The Contest begins on May 15, 2020 at 12:00 AM Central Time (“CT”) and ends on August 7, 2020 at 11:59 PM CT (the “Promotion Period”).  Sponsor’s computer is the official time-keeping device for the Contest.

4.)   How to Enter and Contest Procedures:  During the Promotion Period, entrants must:

a) visit http://www.alnew.com/ and follow the directions to register. You may be required to register or to provide some or all of the following information: your first and last name, address (including city, state and zip code), email, and social media handles; and

b) follow AL-NEW on Facebook and/or Instagram. You must have a non-private Facebook and/or Instagram account and have your account privacy setting set to “Off”.  A Facebook and/or Instagram account can be opened for free by visiting facebook.com or www.instagram.com and/or downloading the respective social media platform application from the Apple store or Google Play.  You must know how to use Facebook and Instagram’s platform; and

c) submit before and after patio improvement photographs and/or videos (subject to the “Post Requirements” set forth below) related to the Weekly Theme (defined below) pursuant to the Judging Criteria set forth below through either Instagram or Facebook by:

I. tagging AL-NEW’s respective social media accounts: @AlNewRestoration on facebook or @AlNewRestore on Instagram;

II. using both of the following hashtags: #PatioWars and #Contest in the post text;

III. liking a @AlNewRestoration on Facebook or @AlNewRestore on Instagram post pertaining to the weekly contest; and

IV. sharing the post to the entrant’s story and tagging @AlNewRestoration on Facebook or @AlNewRestore on Instagram.

(Collectively, the “Entry” or “Entries”).

Post Requirements:  All Entries:

i. must comply with relevant social platform’s terms of use. See, e.g. Instagram Terms of Use (http://instagram.com/about/legal/terms/); Facebook Terms of Service (https://www.facebook.com/terms.php) and Policies (https://www.facebook.com/policies).

ii. must be original and any text contained in Social Media Post must be in English.

iii. must only feature property owned by entrant;

iv. must not (and entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light.

v. must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable.

vi. must not include any commercial solicitation or promotional materials, websites, contact information or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.).

vii. must not contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

viii. cannot defame, misrepresent or contain disparaging remarks about Sponsor, its parent or affiliates or their products or other people, products or companies.

ix. must not contain text that is known by Entrant to be false, inaccurate or misleading.

x. must not include references to any activity that Sponsor deems to be, in its sole discretion, inappropriate, include references to any activity that is lewd or indecent, scenarios portraying sexually explicit activity as a result of consuming beer, nor activity that suggests that beer is needed for social, financial, educational or athletic success.

xi. If a Social Media Post includes the image or likeness of anyone other than the entrant, entrant represents and warrants that entrant has obtained permission from each such individual, that entrant agrees to provide written copies of such permission to Sponsor upon request and entrant certifies that such individual is 18 years of age or older.

xii. Any Social Media Post deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified.

No Entries will be acknowledged or returned.  Normal internet access and data charges imposed by your internet/wireless phone service provider may apply. See your internet/wireless provider for pricing plan details.  Participants can submit as many photos and videos as they would like. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification.  Facsimile and mechanically reproduced entries will not be accepted.  Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected entries, which will be disqualified.  In the event of a dispute as to any participation, entry, the authorized account holder of the email address used to enter will be deemed the contestant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders associated with the entries.  All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.  Entries must adhere to the entry guidelines and post requirements indicated herein, as determined by Sponsor in its sole discretion.

5.) Timing, Available Prizes & Approximate Retail Values (“ARVs”):



Prizes:
  Prizes are subject to availability and other restrictions.  Each Prize winner is solely responsible for all other expenses not specifically set forth herein, including but not limited to service charges, insurance, etc.  Unless expressly stated, all prizes offered and awarded are not redeemable for cash.  Prizes consist only of the items specifically listed as part of the prize in these Official rules and prize details not specified herein shall be determined solely by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Sponsor is not responsible for lost, mutilated or stolen prizes, in which event the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.  ARV of each Prize: is as set forth in the table above.  Actual value may vary. Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize.  In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award remaining prizes and no additional judging will take place. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  In the event of prize unavailability, if the Contest becomes impossible or commercially unreasonable to administrate, or any other reason in Sponsor’s sole discretion, Sponsor reserves the right to cancel, postpone, or modify (in whole or in part) the Contest.  Winner(s) are responsible for all taxes and fees associated with prize award, receipt and/or use.  Failure to use gift card or cash does not relieve winner of his/her tax obligations associated with acceptance of a prize. Contest winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year. Odds of winning depend on the number of eligible entries received during the Promotion Period. Total ARV of all prizes:  $4,500.00 USD.

No limit on entries.  First Prize winners may enter again for a chance in another category including the, the Grand Prize.

6.)   Winner Selection and Notification: Any entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements.  At the end of the Entry Period, the winner will be selected from a judging panel drawn from representatives of Al-New, LLC and its affiliates as well as influencers (the “Judge(s)”). Judging will be based on comparing the BEFORE and AFTER pictures/videos of each Entry Period and the winner(s) will be determined by overall improvement per the Weekly Theme taking into account the below criteria: Quality of the photo and videos (25%); Creativity of the patio arrangements (25%); Overall aesthetics of patio arrangements (25%); and Overall cleanliness of patio (25%) (the “Judging Criteria”). Sponsor reserves the right to select and appoint alternate judge(s) at any time and for any reason, at its sole and absolute discretion.  Judges’ and Sponsor’s decisions are final and binding with respect to all matters relating to the Contest. The potential winner will be notified via e-mail or direct message within two (2) days following selection. Each potential winner will be required to sign and return to Sponsor/Sponsor’s representative, (a) within seven (7) calendar days of the date notice or attempted notice is sent, a form including the winner’s first name, last name, legal residence address, mailing address, Facebook and/or Instagram handles, upload and/or send (at Sponsor’s sole discretion) a photo/PDF of the potential winner’s driver’s license or state issued I.D., and provide proof of both address and ownership of the property/structure featured in the Entry (“Winner Claim”) and (b) within thirty (30) calendar days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (a written “Affidavit”) in order to claim his/her prize.  Sponsor shall have no liability for winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) calendar days from the time award notification was sent, or fails to timely return a completed and executed Affidavit, the prize may be forfeited and time-permitting an alternate winner will be selected based on the Judging Criteria set forth above. Only up to two (2) alternate winners will be selected, time-permitting, after which the prize will remain un-awarded.  Receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. IN THE EVENT OF A TIE, SPONSOR WILL MAKE THE FINAL DETERMINATION OF THE WINNERS, IN ITS SOLE AND ABSOLUTE DISCRETION, BASED ON THE FOLLOWING JUDGING CRITERIA:  SOCIAL MEDIA ENGAGEMENT SUCH AS LIKES, COMMENTS, AND SHARING POSTS THROUGHOUT THE CONTEST(S). ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

7.)   Contestant Rights:   By entering the Contest, you understand and agree that the AL-NEW Patio Wars Contest 2020, anyone acting on behalf of AL-NEW Patio Wars Contest 2020, and AL-NEW licensees, successors and affiliates, and assigns, shall have the absolute, irrevocable right and permission, where permitted by law, to print, publish, reproduce, store, display, modify, broadcast, distribute, prepare derivative works of, and/or otherwise use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and any other marketing or promotional purposes without any further compensation, notice, review, or consent. By entering this content, The Entrant represents and warrants that his/her entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of AL-NEW and its affiliates,  if the content of your entry is claimed to constitute infringement of any proprietary or intellectual propriety rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defined, and hold harmless AL-NEW Patio Wars Contest 2020, AL NEW and its affiliates from and against any suit, proceeding, claims, liability, loss, damage, costs, or expense, which sponsors may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

8.)  Terms and Conditions: AL-NEW reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any part of it should it determine in its sole discretion that any virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupts or affect the administration, security, fairness, or proper conduct of the contest. In such case, AL-NEW and its affiliates may select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by AL-NEW Patio Wars Contest 2020. AL-NEW its affiliates reserve the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operations of the contest or website or violates these Official Rules. AL-NEW and is affiliates has the right, in its sole discretion, to maintain the integrity of the contest, to void votes for any reason, including, multiple entries from the same computer through the use of bots, fake accounts, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Should such attempt be made, AL-NEW and its affiliates reserves the right to seek damages permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Contest and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in the Contest or prize-related activity.  Each winner understands and agrees that Sponsor or the prize provider have the right, in their sole discretion, to disqualify and remove the winner (and/or his/her guest, if applicable) from any activity at any time if the winner’s (and/or his/her guest’s) behavior at any point (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) may or does cause damage to person, property, or the reputation of Sponsor or a prize provider; or (iv) otherwise violates the law and/or policies of the prize provider; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.

9.)   Limitation of Liability

a) By entering, You agree to release and hold harmless Facebook, Instagram, and AL-NEW and their respective subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, the “Released Parties”) from any lability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the contest and/or/his/her/other acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion; (v) electronic or human error in the administration of the promotion or the processing of entries.

b) The Released Parties are not responsible for faulty, incorrect, undeliverable or mis-transcribed email/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer, phone or any device related to or resulting from participating in or experiencing any materials in connection with the Contest, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Contest. All contestants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating contestants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. The Released Parties assume no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user's Internet service provider and/or email client or for insufficient space in user's email account to receive email.

10.) Disputes: This contest is governed by the laws of Kane County, Illinois without respect to conflict of law doctrines. As a condition of participating in this contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this contest, shall be resolved individually, without resort to any form of class action, exclusively before a court in Kane County, Illinois having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out of pocket expenses (i.e. costs associated with entering this contest). Participant further waives all rights to have damages multiplied or increased.).

11.)  Privacy Policy:  Information submitted with an entry is subject to the Privacy Policy stated on https://www.alnew.com/pages/privacy.  By entering this Contest, You agree to and accept and be bound by the terms of that Privacy Policy. If You authorize, by opting in, Sponsor may provide You with information relating to products, services and promotions of Sponsor and affiliates of Sponsor.

12.)  Winners List: Winners will be announced on alnew.com at the conclusion of the Contest.  Winner information may not remain available on the website after November 7, 2020.

13.)  Sponsor:  Al-New, LLC, 1765 Holmes Rd., Elgin, IL 60123.

14.)  Social Media Platforms: The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.

15.)  Good Luck!

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