DELTA FAUCET IN2ITION® BDNY 2017 SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. PROMOTION PERIOD:
The Delta Faucet In2ition BDNY 2017 Sweepstakes (the “Promotion”) begins at
10:00 a.m. Eastern Time (“ET”) on Sunday, November 12, 2017 and ends 5:00 p.m. ET on Monday, November 13, 2017 (the “Promotion Period”).
The Promotion is open only to individuals who (a) are legal residents of and domiciled in the fifty (50) United States and the District of Columbia (except Rhode Island), and (b) are at least 18 years of age as of November 12, 2017. The following individuals are not eligible to participate: (i) any person who at any time since November 12, 2017 was or is a director, officer or employee of Delta Faucet Company (“Sponsor”) or Masco Corporation, any of their subsidiaries or affiliate companies, or their advertising, marketing or promotional agencies; (ii) any individual who was or is engaged in the development, production or distribution of materials for this Promotion or in the administration or execution of this Promotion; (iii) any persons who is or purports to be an immediate family member (defined as mother, father, sister, brother, daughter, son, dependent or spouse) of any individual referred to in clauses (i) or (ii), whether biological, through adoption or marriage, regardless of where they live; and (iv) any person who resides (or resided at least 3 of the 12 months preceding November 12, 2017 in the same household (whether or not related) with any person referred to in clauses (i) or (ii) above. This Promotion is subject to all federal, state, and local laws and regulations and is void (a) outside the 50 United States and the District of Columbia, (b) in Rhode Island, and (c) where prohibited by law.
3. HOW TO ENTER:
To enter, log into your personal Instagram account at https://www.instagram.com/
, Facebook account at https://www.facebook.com/
, or Twitter account at https://www.twitter.com/
. Post a picture at BDNY 2017 (Jacob K. Javits Convention Center, New York, NY) in the Delta Faucet booth space (#703) or in the Mad Hatter Lounge (#1445), and use the hashtags #DeltaHospitality and #Sweepstakes on Facebook, Twitter or Instagram. All required information must be included for the entry to be eligible. All entries become the property of Sponsor and will not be acknowledged or returned. Limit one entry per user during the Promotion Period. Entries will not be acknowledged or returned. Proof of sending or submitting an Entry will not be deemed proof of receipt by Sponsor.
4. SUBMISSION TERMS:
By submitting an entry, you: A. Represent and warrant that the entry (i) is original and does not infringe the intellectual property rights of any third party, (ii) has not been published in any medium, (iii) has not been submitted or used for any other commercial or public purpose, (iv) has not won an award; and (v) has not been previously submitted in this Promotion. B. Give the Sponsor the rights to use your entry as stated in the Official Rules. C. Represent you have submitted your entry without receiving any fee or other form of monetary compensation. D. Grant Sponsor and its designees an unlimited, irrevocable, worldwide, perpetual license to publish, copy, display, broadcast, distribute, transmit, adapt, modify and/or otherwise use, at Sponsor’s sole discretion, your entry for any purpose, including, but not limited to, promotion of Sponsor or its products, without any fee or other form of compensation. E. Agree that your entry is without restriction and will not place Sponsor under any obligation to you or any third party. F. Acknowledge and agree that Sponsor may receive many entries in this Promotion and that such other entries may be similar or identical in theme, idea, format or other respects, and you waive all claims you may have had, may have, and/or may have in the future that the entry used by the Sponsor, its affiliates, or their respective officers, directors, employees and agents may be similar to or the same as those in your entry. G. Agree that Sponsor shall have the exclusive right to edit, adapt and publish your entry, or any part thereof, and that Sponsor may use it in any media in association with this Promotion without attribution or compensation to you. H. Agree that any publication of your entry is at Sponsor’s sole discretion. I. Agree that Sponsor is not responsible for any unauthorized third-party use of your entry. Once submitted, your entry cannot be changed, altered or modified.
5. AGREEMENT TO OFFICIAL RULES:
Your participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
6. SELECTION OF POTENTIAL WINNER:
On or about Tuesday, November 14, 2017, potential winners will be selected in a random drawing from all eligible entries. Odds of winning depend on the total number of eligible entries received. The potential winners will be subject to verification of eligibility and compliance with these Official Rules before being declared winners. Failure to comply with any of these requirements may, at Sponsor’s sole discretion, result in disqualification and another winner will be selected.
7. NOTIFICATION AND REQUIREMENTS OF POTENTIAL WINNER:
The potential winners will be initially contacted via email to proceed with the winner verification process and to obtain a valid mailing address. The potential winners must complete the winner verification process to be designated as the official winners. Prizes won by eligible entrants but considered minors in their state of residence may be awarded to a parent or legal guardian, who must execute and return all required documentation outlined herein and otherwise comply with all requirements imposed on a winner. Each potential winner must complete, sign and return an Affidavit of Eligibility, Liability Release and Publicity Release (unless prohibited) and a Federal Form W-9 (including potential winner’s social security number for tax reporting purposes) within seven (7) days of written notification or such potential winner will be disqualified and an alternate winner will be selected. Potential winner will not be declared an official winner and the prize may be forfeited and will be awarded to another entrant whose eligible entry has been randomly drawn if (i) any of the required documentation is not returned timely, (ii) any prize notification or any prize is returned as undeliverable, (iii) Sponsor is unable to contact potential winner within five (5) days of the first attempt to contact him or her, (iv) potential winner to provide his or her contact information, (v) potential winner is determined by Sponsor, in its sole discretion, to be ineligible, (vi) potential winner declines the prize, or (vii) potential winner is otherwise not in compliance with these Official Rules. Sponsor shall not be responsible for any delays in awarding any prize for any reason.
Winner’s entry and acceptance of any prize constitutes permission (except where prohibited) for the Sponsor or its designees, in its sole discretion, to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), for advertising, promotions and other purposes in all forms of media now known or hereafter developed, worldwide in perpetuity, without notice, permission or further compensation.
There will be a total of ten (10) Prize Winners. Each Prize Winner will receive one (1) H2
Okinetic® In2ition® 4-Setting Two-in-One Shower (Model: 58472) in the finish of their choice (ARV up to $441.10). The aggregate value of all prizes awarded is up to $4,411. The prize is nontransferable and non-refundable and must be accepted as awarded. All applicable taxes (including federal, state, and local income taxes), and costs and expenses associated with the prize acceptance and use not specified herein as being provided (including, without limitation, installation) are the sole responsibility of the prize winner. No cash substitution, assignment, redemption for cash, or transfer of prize by winner is permitted; however, Sponsor reserves the right, in its sole and absolute discretion, to substitute any prize described herein, or any portion thereof, with an alternative of equal or greater value. Allow 6-8 weeks for verification and shipment of prize. A prize will only be delivered to a verified winner.
10. GENERAL CONDITIONS:
In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address provided at the time of entry, will be deemed to be the entrant, but only if such person meets all other eligibility criteria. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion; undermines the fair play of the Promotion (including without limitation submission of entries generated by script, macro, robotic, programmed, or other automated or mechanical means); violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person; or who Sponsor suspects has engaged in any of the foregoing. Sponsor reserves the right to cancel, terminate or modify the Promotion if it cannot be completed as planned for any reason, including without limitation for infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, or corruption of any sort or if the integrity of the Promotion has been comprised or suspected of being compromised. In such event, Sponsor will award the prize from among all eligible and non-suspect entries received prior to cancellation. Any attempt by an entrant or other individual to deliberately damage any online service provider or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claim, may be a violation of criminal or civil law. If such an attempt is made, Sponsor reserves the right to seek remedies and damages from any such individual fully permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified and will forfeit any prize won.
11. RELEASE & LIMITATION OF LIABILITY:
As a condition of entering the Promotion, each entrant agrees, and as a condition of being awarded a prize, each winner agrees, to the maximum extent permitted by law, to release, indemnify and hold harmless Sponsor and Masco Corporation, their respective subsidiaries or affiliate companies, their advertising, marketing or promotional agencies and each such company’s respective officers, employees, directors, representatives and agents and all others associated with the development and execution of this Promotion (individually and collectively, the “Released Parties”), from and against any and all liabilities, claims, actions, lawsuits, judgments, costs and expenses, damages of any kind whatsoever, injuries, or losses to persons or property (including, without limitation, infringement or violation of any intellectual property or other rights (including, without limitation, copyright, patent, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light)) arising from or relating to, in whole or in part, the Promotion, submitting an entry or otherwise participating in any aspect of the Promotion, the announcement or notification of any winner or prize, the receipt, ownership, possession, use or misuse of any prize awarded, the use by Sponsor or its designees of any entry (or portion thereof), or any actual or alleged breach by entrant of these Official Rules.
12. LIMITATION OF LIABILITY:
Entrants acknowledge that the Released Parties have not made and are not in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a purpose. The Released Parties are not responsible for: (a) late, lost, illegible, mutilated, garbled, damaged, stolen, delayed, misdirected, incomplete or inaccurate entries; (b) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; (c) failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or communications, or hardware, software or technical malfunctions, failures or difficulties; (d) errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement or notification of any winner or prize or the cancellation of the Promotion; (e) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion; (f) incomplete, illegible, misdirected, damaged or lost entries; (g) failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Promotion; or (h) any injury or damage to person or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use of any prize. By entering the Promotion, you waive (to the maximum extent permitted by law) the right to claim any punitive, consequential, incidental, special, exemplary, or indirect damages of any kind and all rights to have damages multiplied or otherwise increased.
13. DISPUTE RESOLUTION:
If any provision of these Official Rules is determined to be invalid or otherwise unenforceable, the remainder of these Official Rules shall continue in full force and effect. If there is any conflict between any promotional material and these Official Rules, the provisions of these Official rules shall prevail. The resolution of any dispute shall be within Sponsor’s sole discretion. As a condition of entering the Promotion, except as prohibited by law, you agree that: (a) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (b) all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or court costs. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules (whether of the State of Indiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Indiana.
15. WINNER LIST:
For the names of the winner, available approximately two weeks after
the end of the promotion, visit https://www.facebook.com/deltafaucet
, or https://www.twitter.com/deltafaucet
The Sponsor of this Promotion is Delta Faucet Company, 55 East 111th Street, Indianapolis, IN 46280.
By entering this Promotion, each participant acknowledges that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, or Twitter. Participants agree to release Instagram, Facebook, and Twitter from all liability related to this Promotion. Participants understand that they are providing their own information to Delta Faucet Company and not to Instagram, Facebook, and Twitter.
© 2017 Delta Faucet Company. All rights reserved.