Top Rail/Window Hero IPad Giveaway Official Rules & Regulations 

Top Rail/Window Hero 

IPad Giveaway 

Official Rules & Regulations 

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION.  UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. 

  1. PARTICIPATION CONSTITUTES ACCEPTANCE OF RULES. Participation in this contest constitutes entrant’s full and unconditional acceptance of these Official Rules and the decisions of the Sponsor regarding all aspects of the contest, which decisions shall be final. Contest is sponsored by HFB FenceCo Franchising, LLC and LP Franchising, LLC, each located at 107 Parr Drive, Huntersville, NC 28078 (together, “Sponsor”). Sponsor reserves the right to cancel the contest at any time and substitute another promotion in its place. Sponsor is not responsible for printing errors in these Official Rules
  2. NO PURCHASE REQUIRED TO ENTER OR TO WIN A PRIZE. Subject to all federal, state and local laws. Taxes will be paid by winner to any federal and state entities.
  3. ELIGIBILITY: This contest is open to all attendees that attend the FSE Tradeshow in Ft. Lauderdale, FL in person on September 8-9, 2023, who are 18 years of age or older. Employees (their families, and members of their household) of Sponsor, its parent companies, subsidiaries and affiliated companies, advertising and promotion agencies are not eligible to win. Documentation of proof of residence, age, and attendance at the ABC Keystone Summer Mixer will be required.
  4. DEFINITIONS: Intentionally Omitted.
  5. HOW TO ENTER: Contest begins on September 8, 2023, at 8:00 AM Eastern Standard Time, and ends on September 9, 2023, at 4:00 PM PM Eastern Standard Time (the “Promotional Period”). At the FSE Tradeshow, submit your information via the form on the QR code at the booth. The submission form can be submitted via the QR code. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Internet access and a valid e-mail account are necessary to participate. All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the contest, Sponsor reserves the right at its sole discretion, to terminate, modify or suspend the contest. Sponsor assumes no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information and Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web-site, 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. In the event of a dispute, eligible electronic entries will be considered made by authorized account owner of the email address submitted at the time of entry. One entry allowed per person and only one entry per household. Any person or household who submits more than one entry is considered to be a direct violation of contest policy and will result in immediate disqualification of any and all associated entries. For clarity, the maximum number of entries per person and per household is a total of one (you cannot have more than one entry for any one person and if there are multiple persons in a household, the household cannot have more than one total entry). Entries generated by robots or scripts are considered to be a direct violation of contest policy and will result in immediate disqualification of any and all associated entries. 
  6. ALTERNATIVE METHOD OF ENTRY: You may also submit an entry by sending an email to: leads@homefrontbrands.com with the Subject Line: “Top Rail-Window Hero IPad Giveaway – AMOE” during the Promotional Period.
  7. HOW WINNERS ARE CHOSEN: The winners will be decided by a random drawing of all eligible entries. Each entrant may only win one prize.  If entrant wins a prize, then any additional entries will be removed from the pool of eligible entries.

 

IPad: One IPad Generation 9  – [Apple iPad (9th Generation): with A13 Bionic chip, 10.2 inch Retina Display, 64GB,Wi-Fi, 12 MP front/8MP Back Camera, Touch ID, All-Day Battery Life – Space Gray.  The IPad has an approximate total value of $300. 

  1. 8. Winners acknowledge that except and to the extent that the Sponsor cannot by law exempt itself from responsibility or liability, Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize described herein; including, but not limited to, its quality, merchantability, mechanical condition or fitness for use. All warranties are hereby disclaimed, and the winner will accept prize “as is.” All federal, state and local taxes, fees and all other expenses not specified herein, such transfer fees, meals and gratuities are the responsibility of winners. Prizes cannot be assigned, transferred, exchanged or redeemed for cash.
  2. 9. WINNER: All Winners will be chosen no later than September 15, 2023. Each Winner will be selected in a random drawing from all eligible entries.  Winners will be announced by Social Media Post.  The Winners will be notified by e-mail and/or text message and will be required to execute an affidavit of eligibility and release to be returned within 5 working days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim the prize within 5 business days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, declines to accept the prize or a prize notification is returned as undeliverable, the prize will be forfeited, the potential winner will be disqualified and an alternate winner will be selected by a random drawing of all remaining eligible entries There will be only one alternate winner drawing and any prize not claimed in the alternate winner drawing will be forfeited and the potential winner disqualified. By participating, entrants release Sponsor, its parent companies, subsidiaries, affiliated businesses, their advertising, and promotion agencies and the officers, directors, employees and agents of each from any and all liability, damages or causes of action (however named or described) for injuries, damages or losses to persons and property which may be sustained in connection with receipt, enjoyment, ownership or use of the Prizes. Winners grant permission to Sponsor without any further notice, review or consent, to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, age, city, state, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity, or information and for trade, advertising, public relations, and promotional purposes without additional compensation or approval (where lawful). If you are a resident of Tennessee, you may not be required to consent to a public release as a Winner.  You may opt out of a public release by providing written notice of your desire not to participate in a public release along with your affidavit of eligibility.
  3. 10. ODDS: The odds of winning will be determined by the number of entries received. Winners will be announced by Social Media Post.  To obtain the winner’s information (available after September 25, 2023), please send an email to leads@homefrontbrands.com with the Subject Line: “Top Rail – Window Hero IPad Giveaway Winner’s List”.
  4. 11. LIMITATION OF LIABILITY: By entering participants agree to release and hold harmless Sponsor and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such participant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries. 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. BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
  5. 12. CHOICE OF LAW:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THIS CONTEST, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS (WHETHER OF THE STATE OF TENNESSEE OR ANY OTHER JURISDICTION), THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF TENNESSEE. 
  6. 13. ARBITRATION:   This section of the rules is referred to as the “Arbitration Agreement.”  As a condition of participating in this Contest, participants agree  that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Rules, the Contest, your participation in the Contest, the prize, acceptance, possession, use or misuse of the prize (including any alleged breach thereof), any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by participating in the Contest, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  Any arbitration under this section will be in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. For information on the AAA, please visit its website, http://www.adr.org; Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Rules as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Rules and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The arbitration shall be conducted in [Charlotte, NC], and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Mecklenburg County, North Carolina, and all parties agree to submit to the personal jurisdiction of those courts. Participants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prize awarded, will be resolved individually, without resort to any form of class action.
  7. 14. PROHIBITION ON NON-INDIVIDUALIZED RELIEF.  YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 
  8. 15. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of the Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in the Official Rules, Sponsor has sole and absolute discretion. Participants agree to waive any rights to claim ambiguity of the Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any contest-related materials, privacy policy or terms of use on Sponsor’s Websites and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
  9. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.
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