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Terms of Service - Make Summer Last Forever

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"MAKE SUMMER LAST FOREVER" CONTEST TERMS & CONDITIONS

 

This contest is sponsored by Pool & Spa Enclosures LLC headquartered in Monroe Township, NJ, and hereinafter referred to as “Sponsor.”

1. CONTEST PERIOD

The “Make Summer Last Forever” contest (hereinafter referred to as “Contest”) runs on the internet, on the Facebook social network: http://www.facebook.com/PoolandSpaEnclosuresLLC, which shall run from August 11th 2015 to October 13th 2015, both dates inclusive.

2. ELIGIBILITY AND PARTICIPATION

No purchase or payment of any consideration is necessary to enter the Contest. The Contest is open to any individual from 21 years, who will use the Facebook social network to:

a) log in and enter the Contest section during the Contest period;

b) complete the registration form in the Contest section (either through the Facebook tab or on the Sponsor website) with their name, email, nomination of their café/restaurant

c) give their permission to the Sponsor to process their personal information filled in the registration form;

d) share a story about why the café/restaurant they nominated should win in the Contest section. This info will be displayed in the contest voting section. Offensive statements will be removed and the entrant who uploaded them will be disqualified;

e) additionally participant must upload one photo of the outdoor dining section of the café/restaurant they nominated (no more than that) eligible for the Contest. Participant must be the legal owner of that photo and the photo must not violate any copyright. Offensive photos or photos containing nudity will be removed and the entrant who uploaded them will be disqualified.

 3. PRIZE, WINNER SELECTION AND NOTIFICATION

Entries will be evaluated by members of the Sponsor’s communication team and up to 30 finalists will be chosen. Finalists will be chosen based on the photos and stories of eligible entries. The most interesting, funny, and heartwarming entries will be chosen. Café/restaurants who get multiple nominations have more chances of being chosen

Finalists will then be uploaded to a voting section of the contest. Winners will be chosen by the number of likes. The entry which will have the most “Likes” at 5pm EST on September 13, 2015 will be declared the winner. The Winner will be contacted by the Sponsor via the e-mail address submitted in the registration form to claim the prize.  In the case that there is a tie, the Sponsor can extend the voting period

Both the café/restaurant nominated and the person who nominated win a price.

Place

Café/Restaurant Prize

Nomination Prize

1st

Enclosure worth up to 13,000 USD

Party under the enclosure worth up to 1,000 USD

2nd

Enclosure worth up to 7,000 USD

Dinner for 2 worth up to 200 USD

3rd

Heater for patio worth 1,000 USD

Dinner for 2 worth up to 200 USD

Acceptance of prize constitutes permission to use winner’s name, city, state, and winning entry for promotional purposes.

Contest entry constitutes permission to use winning submissions on Pool & Spa’s website and its affiliated websites without further compensation. Furthermore, entry constitutes permission to archive winning entries indefinitely on any webpage on this website, to be used for promotional purposes.

Shall the prizes be rejected or not claimed by any of the winners, the Sponsor reserves the right to deal with the unclaimed prize in any manner deemed fit, without any obligation to compensate the prize value to the winners.

5. DISQUALIFICATION

All employees of the Sponsor or any other individuals who are concerned with running or organizing the Contest due to their official position within the Sponsor company, as well as their immediate family (i.e. parents, spouse, children, siblings and grandparents), and household members of each such employee, are not eligible to enter the Contest.

Failure to adhere to any of the terms and conditions listed in this Contest Terms and Conditions will result in disqualification and the nullification of contestant’s privileges to further participate in the Contest.

Contestants who either are not eligible to participate or fail to adhere to the Contest Terms and Conditions will be disqualified. Provided that in spite of above mentioned, such person will be declared the winner, e.g. as a result of submitting false information, the prize will be forfeited.

The Sponsor has the sole discretion to determine whether the submitted data are correct and applicable, as well as disqualify contestants who do not adhere to the Terms and Conditions. The Sponsor’s decision is final.

6. RIGHTS AND OBLIGATIONS OF THE SPONSOR

The Sponsor reserves the right to substitute the declared prize for a prize of similar type and equal value in the event the prize is unavailable, as well as to change the conditions of awarding the prize in case the prize will not be provided to be awarded to the winner in accordance with the Terms and Conditions.

Winners may not request substitution of the Prize or compensation of the Prize value in cash.

The Sponsor reserves the right to change the Terms and Conditions at any time or cancel the Contest without prior notice.

The Sponsor claims no responsibility or liability in connection with use of the prize.

By entering the Contest, the entrant agrees to be bound by the Contest Terms and Conditions and adhere to them.

Neither participation in the Contest nor the Prize may be enforced by law or alternatively compensated in cash.

The author of the photo has to be the generator of the photo or holder of all copyrights. By posting the picture on Facebook the Contestant confirms that all rights to imaged persons were settled up and the Contestant disposes of all rights to these photos. The contestant grants to Sponsor free unconditional unlimited (neither in time nor in territory) license for usage of the photo in range set forth in US Copyright Law, The Sponsor is entitled to use the photo or its part for his works.

Pool & Spa Enclosures, LLC, its owners, its staff, its affiliates, its advertisers, and its prize donors are not liable or responsible for:

  • any claims, damages, losses, injuries, or death including any third party claims, arising from or relating to, in whole or in part, any contest, including entry and participation in any contest and acceptance, possession, use or misuse of the prizes.
  • entries that do not follow guidelines.
  • entries and responses to winner notifications that are illegible, incomplete, late, lost, misdelivered, marked postage-due, or undeliverable.
  • any technical or human errors, malfunctions, failures, etc. resulting in participation of contests.

 By submitting any entry, each entrant, its, his, her or their heirs, successors and assigns (“entrant”) thereby releases, forever discharges and covenants not to make a claim against or sue Pool & Spa Enclosures, the Contest, and their parents, subsidiaries and affiliates, licensees, employees, officers, directors, representatives, successors and assigns (“Pool & Spa”), of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, liability, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent, which entrant may have or hereafter have against Pool & Spa by reason of any injuries or damages entrant may sustain, whether to entrant’s person, property, reputation, or otherwise, as a result of, incident to, or related in any way to the entry, the contest, or the use, incorporation or exploitation of the entry for any purpose described herein. Entrant waives and foregoes the right to seek injunctive relief against anyone relating in any way to the entry, the contest, or the use, incorporation, or exploitation of the materials for any purpose described herein. Entrant agrees to indemnify and hold harmless Pool & Spa from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys' fees) and expenses arising in connection with any breach or alleged breach of any representation made in the entry or by virtue of submitting the entry.

 

7. PRIVACY POLICY

Pool and Spa Enclosures LLC privacy policy is available to the public on https://www.sunrooms-enclosures.com/company/privacy-policy/

8. APPLICAL LAW CLAUSE

The Contest is subject to all federal, state and local laws and regulations, which take precedence over any rule to the contrary herein.  By participating, entrants agree that all claims, dispute or litigation relating in any manner to this Contest or to any submission must be resolved in the federal or state courts of New Jersey. 

Prizes are offered “as is” with no written, express, or implied warranty.  Pool & Spa Enclosures is not responsible for replacing prizes as a result of damage prior to, during or after shipping or events beyond the control of Pool & Spa Enclosures.

All taxes on any prize won are the sole responsibility of each winner, including, without limitation, any federal, state, or local taxes, which may be deemed applicable in such winner’s jurisdiction of residence.  Winner(s) shall be solely responsible for the reporting and payment of all taxes incurred by acceptance and use of the prize(s) (or any portion thereof), if applicable.

ANYONE USING FRAUDULENT MEANS TO PARTICIPATE AND/OR WIN THE CONTEST WILL BE DISQUALIFIED. ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES ALL RIGHTS, INCLUDING THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY ENTRANT ATTEMPTING TO DO SO TO THE FULLEST EXTENT OF THE LAW, INCLUDING REPORTING SUCH ACTIVITIES TO THE APPROPRIATE AUTHORITIES WHICH MAY RESULT IN OR LEAD TO CRIMINAL PROSECUTION.