The UFP-Edge “Best Shiplap Project” Contest (the “Promotion”) is open only to legal residents of the fifty (50) United States except residents of the Excluded States and Territories (defined below) who are at least eighteen (18) years old at the time of entry and who have submitted a photo of their home shiplap project. Promotion is void in the Excluded States and Territories which include Iowa, Maryland, North Dakota, Tennessee, Puerto Rico, the U.S. Virgin Islands, all other U.S. territories and possessions and where prohibited by law (“Excluded States and Territories”). Employees of Universal Forest Products, Inc. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a contest (the “Shiplap Contest”).
UFP Industries, 2801 East Beltline Ave NE, Grand Rapids, MI 49525
The Promotion begins on May 21st, 2021 at 12:00 a.m. Eastern Time (“EST”) and ends on June 4th, 2021 at 12:00 p.m. EST (the “Promotion Period”).
4. How to Enter
During the Promotion Period, the participant must post their shiplap photo to their Instagram account with the hashtag #ufpedgecontest. The participant must also follow or be following @ufpedge and “like” the contest post. Photos must be original, of entrant’s own style and creation. Photos must not have been entered in any other competition or violate the rights of other parties. Photos which judges determine to be offensive or defamatory will be disqualified. Participant assigns and transfers to Sponsor all rights, title and interest to the Photos. Eligible entrants may submit as many Photos with the single entry during the Promotion Period. All Photos become the sole and exclusive property of the Sponsor and will not be returned. No limit to amount of entries during the Promotion Period. If any individual other than the entrant appears in the Photo, the entrant must have first obtained the written consent, grant of rights, and release of such individual and promptly provide such written consent, grants of rights, and release to Sponsor upon Sponsor’s request.
5. Representations / Warranties’ Grants/Waivers and Indemnification/Release as Conditions for Entry
(a) REPRESENTATIONS/WARRANTIES: By registering and uploading a Photo, you represent and warrant that: (i) you have the legal capacity to enter this Contest; (ii) you own all rights and title to the Photo; (iii) the Photo is solely your own original work and that no third party has any ownership interests in or rights to it and that it is not attributable to any third party; (iv) your Photo does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party; (v) your Photo has not been entered in or won previous contests or awards; (vi) the Photo has not been re-purposed or previously published or distributed in any media; (vii) you have obtained permission from each person who has in any way appeared in, participated in or whose efforts have in any way contributed to the creation or production of the Photo and that such person(s) has granted you all necessary rights regarding the use or submission of the Photo, and you can and will make written copies of such permissions promptly available to the Sponsor upon request. If such person is a minor, such grant of rights must include written permission from the minor's parent or legal guardian. (B) GRANTS/WAIVERS: By uploading a Photo, you irrevocably grant Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited and perpetual right and permission to reproduce, encode, store, copy, transmit, edit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use, reuse, or not use your Photo or any portion of your Photo in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from you. You understand and agree that although you have granted Sponsor the right to use or reuse your Photo or any portion thereof as stated hereinabove, Sponsor, in its sole discretion, may elect not to so use any said Photo. YOU REPRESENT, UNDERSTAND AND ACKNOWLEDGE THAT YOU WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE, POSTING, DISPLAY OR EXHIBIT OF SUCH PHOTO BY SPONSOR (OTHER THAN THE PRIZE THAT MAY BE AWARDED TO THE WINNER.) You hereby waive all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor’s use of your Photo and agree not to sue or assert any claim against Sponsor arising out of or connected to the use, posting, display or exhibit of the Photo or your participation in this Contest. (C) INDEMNIFICATION/RELEASE: You further agree to indemnify and hold Sponsor harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or arising out of your submission, uploading, posting, display or exhibit of your Photo, or your conduct in creating the Photo or other actions in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, work product, violation of an individual's right of publicity or right of privacy, or defamation. You further agree to release and hold harmless Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes your rights with regard to the Photo or any portion thereof. As stated above, posting or publication of a Photo does not mean that Sponsor has determined the Photo is in compliance with these Official Rules. Photos that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsor in its sole discretion may be disqualified and removed from any website belonging to or controlled by Sponsor at any time.
6. Winner Selections
The Photos will be ranked in the following two (2) criteria: (a) Creative use of Materials (50%), (b) Overall Appearance (50%). Only one winner whose entry earns the highest overall score will win. In the event of a tie, winner will be selected based on the criteria described in (a), then (b). The Judges will be fair and impartial and base all decisions on the criteria listed above. Decisions of the judging panel will be final. Odds of winning depend on number of eligible Entries received and quality of submitted Photos. Judging will be completed on or about May 21, 2021. The winner will be posted by 5:00 PM on June 4, 2021. Once the winner is selected the entrant will be notified through Instagram private messaging. An address will be requested of entrant for mailing of the prize. If entrant fails to respond after 30 days, they automatically forfeit the prize.
7. POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
8. Verification of Potential Winner
Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential winner of a contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner who had the highest score remaining of the eligible entries.
The winner will receive the amount of $250 in Visa gift cards. Both 2nd and 3rd place winners will each receive the amount of $50 in Visa gift cards. The winner will be contacted to provide an address for mailing the prize. No cash equivalent for the prize, prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize is dependent on the number of eligible entries received during the Promotion Period.
10. 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 and/or the Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, and its respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest and Promotion, 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 Contest and 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 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 Contest and Promotion and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor's and its 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.
12. 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 Contest, 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 Contest 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 Contest 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.
13. 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 Contest. No more than the stated number of prizes will be awarded.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winner, 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 Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court for the Western District of Michigan or the appropriate Michigan State Court located in Kent County, Michigan, USA; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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 State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.