ADVANTECH® PANEL - “FLAT OUT BEST™” PERFORMANCE
VIDEO CONTEST
2010 OFFICIAL RULES
NO PURCHASE NECESSARY
SPONSOR Huber Engineered Woods LLC, One Resource Square, 10925 David Taylor Drive, Suite 300, Charlotte, NC 28262 (“Sponsor”).
Please read these official rules (“Official Rules”) carefully as they contain important information about how the AdvanTech® Panel Performance Video Contest (the “Contest”) will be conducted, including eligibility, deadlines for entry, and video content. Failure to adhere to these Official Rules or the deadlines (listed below) may result in disqualification. If you have any questions, or would like to obtain a sample of an AdvanTech® panel for use in your submission, you may write to:
ELIGIBILITY
Entry in the Contest is open only to individuals who are legal residents of the fifty (50) United States (including the District of Columbia) and who are eighteen (18) years old or older at the time of entry or participation or voting. Employees of Huber Engineered Woods LLC and/or any other company in the J.M. Huber Corporation group, and any other person or entity associated with this Contest, including advertising and promotional agencies (collectively “Contest Entities”), and their immediate family (spouse, parents, siblings and children) and household members are NOT eligible. There is no entry fee for video submissions, and submissions do not require the purchase of any AdvanTech® products or services. Members of any entertainment industry guild or associations, such as SAG, AFTRA, DGA, WGA or IATSE are NOT eligible to enter. Members of SAG or AFTRA may NOT appear in the videos. The Contest is void where prohibited by law.
AGREEMENT TO OFFICIAL RULES
Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. By entering the Contest, you understand and accept all risks associated with participation and warrant that your submission conforms to the Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.
DEADLINES FOR SUBMISSION
Entries may be submitted beginning at 12:00 noon ET on January 1, 2010 and ending at 11:59 a.m. on December 5, 2010. Mail-in entries must be received by Huber Engineered Woods no later than December 5, 2010.
HOW TO ENTER
Your entry (“Entry”) may be submitted online or mailed-in. For online entries please visit www.advantechperforms.com (the “Website”) and follow the instructions. Copies of all entry materials can be downloaded from the Website or obtained by calling 1-800-933-9220. To enter by mail, please send a single package containing all entry materials and your Video to the following address:
Huber Engineered Woods, LLC
AdvanTech® Panel Video Contest
Fulfillment Office
10925 David Taylor Drive, Suite 300
Charlotte, NC 28262
There is no limit on the number of original Entries that you submit. However, you may not submit the same Entry more than once. Subsequent entries of the same Video throughout the Contest will be disqualified.
ENTRY REQUIREMENTS
Regardless of the method of entry, you will be required to provide and submit a completed Entry consisting of: your video (“Video”), a completed registration form (“Registration Form”), and a submission release (“Release”). All required information and materials must be included in the Entry to be valid.
(1) Video Your video should highlight the benefits of AdvanTech® panels. Video Requirements:
(2) Registration Form Please follow the instructions found on the Website and completely fill out and submit the Registration Form including your name, email address, phone number, valid home address, occupation, a brief description of your Video (minimum 25 words- maximum 250 words), and all other requested information. The Registration Form for mail-in entry is available on the Website.
(3) Release You MUST agree to and sign (electronically or by hand, depending on the method of entry) a liability/publicity release available on the Website (a copy of the Release is attached as Appendix 2 of these Official Rules). You must also have the written permission from any identifiable person that appears in your Video (“Participant”), who must consent to the passage of all rights to Sponsor for its unlimited usage. You must have each Participant sign the “Participant Release” form, found on the Website (and attached as Appendix 3 to these Official Rules), and provide such release to Sponsor upon request. All Participants must be 18 years old or older.
RIGHTS IN SUBMISSIONS
By signing the release, you consent to the use and/or publication by Sponsor of the subject testimonial, your name and likeness, including photos, in connection with advertisements, promo materials and other Sponsor publications Submission of an Entry grants Sponsor the exclusive right to edit, illustrate, abridge, modify, adapt and publish any or all of the Video or any of the content contained therein, for any and all purposes in any media whether now existing or hereafter devised (including but not limited to print and digital media) without attribution (where permissible by law) or compensation to the entrant, his/her successors or assigns, or any other person or entity.. In addition, you also give Sponsor the irrevocable right to any and all rights, interests, and titles in your Video including, without limitation, all copyrights and waivers. Sponsor can republish and otherwise disseminate said advertisements, promo materials, web site postings and publications. Sponsor has the exclusive right to reject entries deemed inappropriate or unfit to publish due to video content or video file size.
Each entrant warrants that their Video is an original work, which does not infringe any rights of any third party, and has not been published previously. You acknowledge that you have obtained all rights, permission and licenses necessary to use the entry for any purpose, and that no entry or any part thereof infringes any trademark or copyright or otherwise violates any party’s right to privacy or publicity or any other rights.
CONTENT RESTRICTIONSYour Video MUST NOT contain any material that:
VOTING
All eligible Videos (as determined by the Sponsor, in its sole discretion) will be posted for review at www.advantechperforms.com (the “Voting Site”). Viewers who register on the Voting Site (“Registered Viewers”) can vote for their favorite video beginning at 12:00 noon on December 6, 2010 and continuing until 11:59 a.m. on December 31, 2010. Registered Viewers may vote one (1) time during the voting period based on the following criteria: 50% relevance to the contest theme, 50% quality of creative expression.
Huber Engineered Woods has the right in its sole discretion to maintain the integrity of the Voting Site including the right to void votes for, including, but not limited to, the following reasons:
WINNER SELECTION
The Video that receives the most votes shall be considered the potential winner subject to verification (including verification of eligibility, compliance with the Official Rules) and satisfaction of any prize-related condition or specifications. The potential winner will be notified by email, telephone, or mail. If contact information provided at the time of submission is incorrect and Huber Engineered Woods staff is unable to contact the entrant within fifteen (15) days, the Entry will be disqualified and the prize will be awarded to the next eligible entrant with the highest number of votes. The potential winner must accept the Prize within thirty (30) business days of notification. The potential prize winner will be required to sign and return an affidavit of eligibility and release of liability within fifteen (15) days of notification. No substitution or transfer of a prize is permitted except by Sponsor.
In the event of a tie the Sponsor will determine the winner based equally on the following: (i) 50% adherence to contest themes and guidelines and (ii) 50% quality of creative expression to award the prize. Odds of winning depend on the number of eligible entries received.
PRIZE
TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF ALL PRIZES: $35,000
Sponsor will award one (1) grand prize (“Grand Prize”) for $10,000 (ARV: $10,000). The prizes will be awarded in U.S. Dollars. A check will be delivered to each winner approximately thirty (30) days from the date of winner verification. The prize may not be assigned, transferred, or changed except at the Sponsor’s sole discretion. The winner is solely responsible for any and all taxes and fees associated with receipt and/or use of the prize.
The first two-hundred and fifty (250) eligible entries that meet the criteria above will receive an American Express Gift Card. (ARV: $25,000). Limit one (1) gift card per entrant.
GENERAL CONDITIONS
Subject to all applicable federal, state and local laws and regulations. Void where prohibited.
THIS CONTEST MAY BE CANCELLED OR MODIFIED, IN HUBER ENGINEERED WOODS’ SOLE DISCRETION IN THE EVENT AN INSUFFICIENT NUMBER OF ELIGIBLE OR SATISFACTORY ENTRIES ARE RECEIVED Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control, impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. No more than the stated number of prizes will be awarded. Sponsor reserves the right to disqualify any entry or entries, votes, or any individual, Sponsor finds to be tampering with the entry process or the operation of the Contest or Website; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder, and it is the entrant’s responsibility to update Sponsor of any change in e-mail or mailing address. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
LIMITATIONS OF LIABILITY
By entering this Contest, you understand and agree to waive any and all claims against the Sponsor, and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any claim or cause of action for injury, damages, or loss of any kind, resulting in whole or in part, directly or indirectly, from your participation in the Contest. Released Parties are not responsible for: (1) any Internet or software-related problem, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the Sponsor’s control, which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest; (2) any typographical or other error in the printing of the offer, administration of the Contest, or in the announcements of the prize; (3) problems or technical malfunctions of any telephone network or lines, computer online systems, servers or provider, computer equipment, software, failure of any entry to be received by Released Entities on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person's computer related to or resulting from participation or downloading any materials in this Contest; (4) any technical or human error which may occur in the administration of the Contest or the processing of entries; (5) misdirected, lost, late, illegible, forged, destroyed, or incomplete entries, or entries not otherwise in compliance with these Official Rules; or (6) unauthorized human intervention in any part of the entry process or the Contest. Huber Engineered Woods has no obligation to acknowledge the receipt of, return or respond to Videos (and Entries). All Entries become the property of Huber Engineered Woods and will not be returned.
DISPUTES
Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina, U.S.A.; (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 will attorneys’ fees be awarded or recoverable; 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/or any other damages other than for actual out-of-pocket expenses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you. The invalidity or unenforceability of any provision of the 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 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 therein.
PRIVACY
Participation in the Contest implies authorization to transfer personal data to the United States for purposes of administration of the Contest. Sponsor collects personal information from you when you enter the Contest. The information collected is subject to the Sponsor’s Privacy Policy located at www.advantechperforms.com. By entering and providing the required entry information, you acknowledge that Sponsor may also send you information, samples, or special offers it believes maybe of interest to you about its products or services. IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THIS CONTEST.
WINNER'S LIST
Winner List requests will be accepted after the promotion end date (listed above). For a list of the winner, please send a self-addressed, stamped envelope to: Huber Engineered Woods, LLC, AdvanTech® Panel Video Contest Inquiries, Fulfillment Office, 10925 David Taylor Drive, Suite 300, Charlotte, NC 28262