Avid Ratings Survey Sweepstakes Official Rules
- NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW.
- ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
- AFFIDAVIT OF ELIGIBILITY, RELEASE OF LIABILITY, SUCCESSFULLY ANSWERING A SKILL-TESTING QUESTION & PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT BETWEEN YOU AND THE SPONSOR, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SPONSOR: Avid Ratings, Inc., 918 Deming Way, Suite 201, Madison, Wisconsin 53717.
- ELIGIBILITY: Quebec residents are NOT eligible to enter. Les résidents du Québec ne sont PAS éligibles. To enter the Avid Ratings’ Survey Sweepstakes (“Sweepstakes”), you must be a legal resident of the United States or Canada who physically resides within the 50 United States (including DC) or Canada (and its territories and possessions) and be at least the age of majority in your state, province or territory of residence at the time of entry. Eligibility is limited to invited clients of designated home builder, remodeler, building product manufacturer, and/or warranty provider (each, a “Customer”) and invitations are non-transferable. Employees of Sponsor and any Customer, and each of their respective affiliates, parent companies, subsidiaries, service agencies, and the immediate family (parent, spouse, sibling, child, grandparent, grandchild, regardless of where they reside) and household members of all such employees, are NOT eligible. Sweepstakes is subject to all federal, state, provincial, and local laws and regulations. Void where prohibited or restricted by law.
- HOW TO ENTER: To enter the Sweepstakes, follow the instructions included in the survey invitation sent by Sponsor, confirm you are qualified to participate, complete Sponsor’s short survey regarding your experience with the Customer by fully answering all questions as prompted, confirm your email address and provide all requested contact/personal information. Depending when you submit your “Entry”, you will be entered in the sweepstakes for the relevant period: Entries received between 12:01 a.m. Central Time (“CT”) on January 1, 2020 and 11:59 p.m. CT on June 30, 2020 will be subject to a given random draw in accordance herewith, while Entries received between 12:01 a.m. CT on July 1, 2020 and 11:59 p.m. CT on December 31, 2020 will be subject to another random draw in accordance herewith (each, a “Sweepstakes Period”). All entries must be received by 11:59 pm CT on the last day of the Sweepstakes Period. Entries that are lost, late, incomplete, illegible, corrupted, mechanically reproduced, falsified, mutilated, damaged, altered or otherwise irregular, misdirected entries, or Entries not received for any other reason will be void and disqualified at Sponsor’s sole and absolute discretion. Limit one (1) Entry per person per Sweepstakes Period, per survey invitation and completed survey. Entries become property of Sponsor and will not be returned.
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Five (5) separate prizes will be awarded in total, one each in the following amounts: US$500; US$400; US$300; US$200; US$100.
ARV of each prize is as stated.
Total ARV of all prizes: US$1,500.
Each prize will be awarded, in Sponsor’s sole discretion, in the form of a check or preloaded gift card for use at participating merchants; gift cards are subject to terms and conditions of the issuer. Winning any prize is contingent upon fulfilling all requirements set forth herein. PLEASE NOTE: All taxes on prizes are the sole responsibility of the winner; Sponsor is not responsible for any foreign exchange risk, or any fees, charges, taxes or levies related to a winner cashing or exchanging a check issued and delivered in a foreign denomination. Limit one (1) prize per person. Except where prohibited, an affidavit of eligibility (including SSN, Social Insurance Number), prize acceptance agreement, tax information, publicity release, and/or liability releases may be required from winner. Prizes are not transferable and no substitution is allowed. If Sponsor is required to issue a Form 1099-MISC under United States federal law, then winner will be required to provide a social security number or taxpayer I.D. as a condition of receiving a prize.
- RANDOM DRAW & ODDS OF WINNING: Within thirty (30) days of the end of the Sweepstakes Period, a random draw will be conducted by Sponsor from all entries received. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Selected entrants will be notified by e-mail and/or phone using the contact information provided on the Entry, within ten (10) days of the drawing.
- WINNER CONFIRMATION: To be confirmed a winner, the selected entrant must: (1) respond as instructed within five (5) days to Sponsor’s notification; (2) correctly answer a skill-testing question presented by Sponsor within the allotted time period; and (3) if requested by Sponsor, execute and return within a specified time an Affidavit of Eligibility, Publicity Release, and Release of Liability, each in the form presented by or otherwise acceptable to Sponsor (collectively, “Winner’s Documents”), that includes, without limitation, acceptance of the prize, tax information, assignment of rights, and/or liability releases, as requested by Sponsor, except where prohibited by law. If the selected entrant cannot be confirmed a winner for any reason, or if the Winner’s Documents are not fully completed within the specified time or are returned as undeliverable, s/he may be disqualified and the prize will be forfeited and an alternate winner will be chosen. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other coordinates.
- ENTRANTS’ AGREEMENT TO ABIDE BY OFFICIAL RULES: By entering, entrant agrees that s/he has read, accepted, and will abide by and be bound by these Official Rules and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or the awarding of any prize shall be submitted to Sponsor, whose decision shall be binding and final.
- RELEASE OF LIABILITY: By entering, entrant agrees to release Sponsor, Customer and each of their respective affiliates, parent companies, subsidiaries, sales representatives, wholesalers, distributors, service agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations (“Releasees”) from any injury, loss or damage to person, including death, or property, due in whole or in part, directly or indirectly, to the acceptance or use/misuse of any prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 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.
- LIMITATION OF LIABILITY: Releasees are not responsible for and each entrant releases the Releasees from and against any and all losses, damages, actions, demands, liabilities or claims of whatever nature or kind arising out of, or in connection with a prize or any portion thereof or this Sweepstakes. Without limiting the generality of the foregoing, the Releasees will not be responsible for any typographical or other error in the printed or other related material related of this Sweepstakes, the administration of the Sweepstakes, the selection of entrants as potential winners, in the announcement of the prizes or winners, including erroneous appearance of qualification for a prize, any entries or entrants disqualified for any of the reasons stated in these Official Rules, or any loss, damage or claims caused by, or in any way related to a prize or the Sweepstakes itself.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND TO BAN OR DISQUALIFY SUCH PERSON FROM THIS AND FUTURE SWEEPSTAKES.
- DISPUTES REGARDING THE IDENTITY OF ENTRANT: Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. In the event of a dispute, the selected entrant may be required to provide proof that s/he is the authorized holder of the identified email account.
- CHANGES TO SWEEPSTAKES, OFFICIAL RULES, ETC.: Under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Sweepstakes, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Sweepstakes as contemplated by these Official Rules. If at any time and for any reason Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, provincial/territorial or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, but not the obligation, in its sole and absolute discretion, to award one or more prizes from among all entries received to date at such time.
- DISPUTES/CHOICE OF LAW: EACH ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT IN WISCONSIN; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND THE SPONSOR IN CONNECTION WITH THIS SWEEPSTAKES SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WISCONSIN, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS OF ANY OTHER JURISDICTION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF WISCONSIN.
- RULES GOVERN: The Sweepstakes will be run in accordance with these Official Rules, which shall prevail, govern and control in the event of any inconsistency with any Sweepstakes-related materials.
- PRIVACY: Personally identifiable information (i.e. personal information) that is submitted by entrants as part of this Sweepstakes will be used to administer the Sweepstakes, select the prize winners, and fulfill the award of prizes.
- WINNERS’ LIST: For the names of the winners, send a self-addressed stamped envelope within six (6) months of the end of the Sweepstakes Period to: Winner’s List – Avid Ratings’ Survey Sweepstakes, Attn: Avid Ratings, Inc. 918 Deming Way, Suite 201, Madison, Wisconsin 53717. Vermont residents may omit return postage.