Omega Vanity Makeover Pinterest Sweepstakes Online Promotion
NO PURCHASE, PAYMENT, OR ACTIVITY PARTICIPATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT, OR ACTIVITY PARTICIPATION WILL NOT INCREASE YOUR CHANCE OF WINNING.
Participation in this Promotion is intended for legal residents of the 50 United States or District of Columbia who are 18 years of age or older at the time of entry. This Promotion shall be construed and evaluated according to the laws of the United States. Please do not enter if you are not eligible or are not located in one of the 50 states or District of Columbia at time of entry. VOID OUTSIDE THE UNITED STATES OR DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW.
1. PROMOTION PERIOD:
The Promotion begins October 14, 2013 at 12:00:00 a.m. Eastern Time (“ET”) and ends November 15, 2013 at 11:59:59 p.m. ET (“Promotion Period”). MasterBrand Cabinets, Inc.’s computer is the official time keeping device for the random drawing.
This MasterBrand Cabinets, Inc. Online Promotion (the “Promotion”) is open only to individuals who (a) are legal residents of the fifty (50) United States or the District of Columbia; and (b) are eighteen (18) years of age or older at the time of entry. Employees of MasterBrand Cabinets, Inc. (“Sponsor”), and any of its affiliate companies, subsidiaries, agents, distributors/wholesalers, retailers and their advertising and promotional agencies, as well as the spouse, parents, siblings and children and household members of each such employee, are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and where prohibited by law.
3. 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 MasterBrand Cabinets, Inc., which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein no later than December 15, 2013.
4. HOW TO ENTER:
a) Log in to your Pinterest account. To become a member of Pinterest, you may go to pinterest.com to request membership. Membership to Pinterest is free. Pinterest membership is not guaranteed by Sponsor.
b) Participants must then “follow” MasterBrand Cabinets, Inc. on Pinterest.
c) Participants must create a board named “Makeover My Vanity, Omega” (“Entry Board”) on participant’s own Pinterest page and re-pin one (1) or more images from the Omega Vanity Makeover Sweepstakes board on www.Pinterest.com/MasterBrandInc (“Eligible Board”) on to participant’s Entry Board.
d) Re-pinned images from the Eligible Board onto the Entry Board must include the hashtag #OmegaVanityMakeover.
(e) Participants must then go to www.OmegaCabinetry.com/Pinterest to register their pin and submit certain contact information (name, email address, Pinterest user name, your Pinterest entry board URL).
The potential winner is subject to verification by MasterBrand Cabinets, Inc., whose decision is final and binding in all matters related to the Promotion. You are not a winner of any prize, even if the Promotion should so indicate, unless and until your eligibility and the potential winning Entry Board has been verified and you have been notified that verification is complete. MasterBrand Cabinets, Inc. will not accept screen shots or other evidence of winning in lieu of its validation process. Any entry that occurs after the online system has failed for any reason is deemed a defective entry and is void and will not be honored.
There is a limit of one (1) Entry Board per person, household, or Pinterest account during the Promotion Period. Participants may not enter using with multiple Pinterest accounts nor may entrants use any other device or artifice to enter multiple times. Any participant who attempts to enter more than the stated number of times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion.
On or about November 15, 2013, Sponsor will select two (2) winners in a random drawing from among all eligible Entry Boards submitted. Judges’ decisions are final in all matters relating to this Promotion. Odds of winning depend on the number of eligible entries received.
Each winner will receive the following prize:
Winner’s choice of Omega Vanity Cabinets for one (1) bathroom of winner’s home, up to a maximum retail value of $15,000. MasterBrand Cabinets, Inc. will provide one Omega designer to design and finalize the product selection. Winner must be able to provide Sponsor with proof of home ownership. Choice of cabinets subject to availability. Prize value does not include prior cabinet removal or disposal, prep work, cabinetry installation or any other materials not specified herein, including but not limited to flooring, countertops, etc. Prize includes shipping of cabinets. The cabinetry final selection must be completed by December 15, 2013 or the winner forfeits his/her rights.
Total estimated average retail value: up to $15,000. The total ARV may vary depending upon the actual cost; however, if the ARV is less than $15,000, the difference will not be paid to the winner. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. Winner may be issued an IRS 1099 form for prize value.
Prizes are nontransferable until awarded and non-refundable and must be accepted as awarded. No cash or other substitution may be made except in the sole discretion of MasterBrand Cabinets, Inc., who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by MasterBrand Cabinets, Inc. MasterBrand Cabinets, Inc. is not responsible for additional products/services related to the room remodel. Winners are responsible for cabinetry selected above and beyond the prize value and all applicable taxes associated with receipt of a prize.
7. HOW TO CLAIM YOUR PRIZE:
MasterBrand Cabinets, Inc. will contact the winner by email at the end of the Promotion Period, where they will be prompted to complete the prize claim process. Sponsor is not responsible for any change of email address or other contact information of entrants. Potential winner is subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. Winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within 14 days of attempted notification or prize may be forfeited. Winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Prize won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents.
8. GENERAL CONDITIONS:
MasterBrand Cabinets, Inc. reserves the right to cancel, suspend, and/or modify the Promotion if any fraud, virus or other technical problem corrupts the administration, security, or proper entry, as determined by MasterBrand Cabinets, Inc. in its sole discretion. In such event, MasterBrand Cabinets, Inc. reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. MasterBrand Cabinets, Inc. reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, MasterBrand Cabinets, Inc. reserves the right to seek damages from any such person to the fullest extent permitted by law. MasterBrand Cabinets, Inc.‘s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
Except where prohibited, participation in the Promotion constitutes the winner’s consent to Sponsors’ use of winner’s name, likeness, voice, opinions, biographical information, state of residence, multimedia of the completed remodel and content from submitted pinboards, including descriptions and captions, for promotional purposes in any media worldwide without further payment or consideration.
By participating in the Promotion, entrants agree to release and to indemnify and hold harmless Sponsor and its parent companies, affiliates, subsidiaries, retailers, franchisees, advertising and promotion fulfillment and/or judging agencies, and all of their respective officers, employees, directors, representatives and agents (individually and collectively “Releasees”) from all liability, claims, action, or proceedings, losses, injuries and damages to person(s), including death and property, or violation of intellectual property or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light) due in whole or in part to acceptance, possession, misuse or use of any prize; or participation in this Promotion, or participation in any Promotion related activity.
12. LIMITATION OF LIABILITY:
The Releasees are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Promotion; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons 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 of any prize. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Indiana law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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 EVERY ENTRANT.
14. GOVERNING LAW & JURISDICTION:
The Promotion Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State/Commonwealth of Indiana, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in federal, state or local courts for the State of Indiana, Dubois County.
15. OFFICIAL RULES:
You can obtain a copy of these Official Rules by visiting www.omegacabinetry.com/pinterest by November 15, 2013. Records may not be available beyond two years following Entry Period.
16. WINNER LIST:
For the winner’s information, mail a self-addressed, stamped envelope to:
One MasterBrand Cabinets Drive
Jasper, IN, 47546
Requests must be received by December 15, 2013.
The Promotion is sponsored by MasterBrand Cabinets, Inc., One MasterBrand Cabinets Drive, P.O. Box 420, Jasper, IN 47546-0420.
©2013 MasterBrand Cabinets, Inc. All rights reserved.