NAISMITH TROPHY TOUR PHOTO CONTEST — OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Photo Contest (“Promotion”) is offered only in the 50 United States and the District of Columbia (“U.S.”) (excluding residents of Puerto Rico and any other jurisdiction where such Promotion would be prohibited by law) and begins at 12:00 AM Eastern Standard Time (“ET”) November 4, 2019, and ends 11:59 PM ET on March 6, 2020. (“Promotion Period”). Administrator’s computer is the official timekeeping device for the promotion.
- SPONSOR and ADMINISTRATOR: Werner Co., 93 Werner Road, Greenville, PA 16125-9499. The National Collegiate Athletic Association (NCAA®) is not a sponsor or administrator of this Promotion.
- ELIGIBILITY: The Promotion is open only to legal residents of the U.S. who are at least eighteen (18) years of age or older as of date of entry (“Entrant). Employees (and the immediate families [spouses and parents, in-laws, siblings and children and their respective spouses, regardless of where they reside] and members of the same household of such employees, whether or not related) of Werner Co., NCAA® and companies involved in the implementation and execution of the Promotion (collectively, the “Promotion Entities”) are not eligible to enter. Promotion is void in Puerto Rico, and U.S. territories and jurisdictions (including overseas military installations) where prohibited.
- AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- HOW TO ENTER: To enter the Promotion, visit https://www.facebook.com/WernerLadderCo, https://twitter.com/wernerladderco or https://www.instagram.com/wernerladderco (the “Web site”) during the Promotion Period, upload a photo, tag @wernerladderco and use the hashtag #OfficialLadderOf (“Entry”) to be entered. ALL ONLINE ENTRIES MUST BE SUBMITTED BY 11:59 PM ET on March 6, 2020 for Grand Prize drawings. Limit: One (1) Entry per person per day. Each entry will register entrant in prize drawings. In the event more than one (1) Entry is received from any one person or email address per day, the first Entry processed will be considered the only valid Entry received for the Promotion. Entries will be retained for the Prize drawings. In the event of a dispute, Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses, or the domain associated with the submitted email address. Any potential winner may be required to show proof of being the authorized account holder. Entries that are incomplete or corrupted are void.
- PRIZE DRAWING: One (1) NCAA® 3’ Replica Championship Podium. Administrator will attempt to contact Prize Winner by email. Winners must respond by email or phone within seventy-two (72) hours of the Administrator’s first attempt to contact him/her in order to be eligible to claim the prize. If the winners responds, Administrator will request information from the potential winners to confirm preliminary eligibility. If a potential winner is deemed potentially eligible based on the preliminary questions, Administrator will send an Affidavit of Eligibility and Liability and, unless prohibited by law, a Publicity Release form (“Affidavit/Release”) to the potential winner by email or facsimile to be executed and returned by email or facsimile within forty-eight (48) hours from the delivery of Administrator’s email or facsimile. If the winner cannot be contacted within the specified time after the first attempt to contact him/her, if he/she fails to execute and return the Affidavit/Release within the required time period, or if he/she is otherwise ineligible to receive the prize, an alternate will be selected in his/her place and Administrator will attempt to contact and obtain the required Affidavit/Release from that potential winner. Failure to comply with any of the instructions herein will result in disqualification. The odds of becoming a Prize Winner are dependent on the number of entries submitted.
- PRIZE / APPROXIMATE RETAIL VALUE (ARV): The following prize will be awarded:
- GRAND PRIZE – One (1) NCAA® 3’ Replica Championship Podium Ladder - Approximate Retail Value of $250.00.
- GRAND PRIZE – One (1) NCAA® 3’ Replica Championship Podium Ladder - Approximate Retail Value of $250.00.
- Prizes may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the prize in whole or in part with another prize of comparable or greater value if the intended
prize is not available for any reason as determined by the Sponsor in its sole discretion. In the event that a prize winner is disqualified for any reason, that prize will be forfeited and maybe awarded to an alternate at the Sponsor’s sole
- ENTRY CONDITIONS AND RELEASE: By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, the Administrator and their respective employees, directors, parent, subsidiary, and affiliated companies, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, including NCAA®, Turner Broadcasting System, Inc., CBS Broadcasting, Inc. and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor and Administrator from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
- PUBLICITY: Except where prohibited, participation in the Promotion constitutes the winner’s consent to Sponsor's, Administrator’s and their respective agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor 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 any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. NCAA® is a registered trademark of the National Collegiate Athletic Association.
- LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- DISPUTES: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Pennsylvania State Court; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
- PROMOTION RESULTS: For Promotion results send a hand-printed, self-addressed, stamped envelope to Werner Ladder Naismith Trophy Tour Photo Contest – Winner List, 93 Werner Road, Greenville, PA 16125-9499. Requests for the winner list must be received within 30 days of when the promotion is over.