THE HOME DEPOT SHARE WITH A FRIEND CONTEST AND THE HOME DEPOT SHARE WITH A FRIEND GIVEAWAY OFFICIAL RULES

Transcription

1 THE HOME DEPOT SHARE WITH A FRIEND CONTEST AND THE HOME DEPOT SHARE WITH A FRIEND GIVEAWAY OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT IMPACT AN ENTRANT S OPPORTUNITY TO WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. These official rules ( Official Rules ) refer to two (2) separate promotions: THE HOME DEPOT SHARE WITH A FRIEND CONTEST ( Contest ) and THE HOME DEPOT SHARE WITH A FRIEND GIVEAWAY ( Giveaway ). The two promotions are together referred to herein as Promotion. The Promotion is sponsored by Home Depot U.S.A., Inc., 2455 Paces Ferry Road, Atlanta GA ( Sponsor ), and is administered by re:fuel agency, 10 Abeel Road, Cranbury, NY ( Administrator ). 1. PROMOTION TIMING AND BRIEF OVERVIEW: The Promotion starts on March 2, 2015, at 9:00 AM Eastern Time ( ET ) and ends on March 22, 2015, at 11:59 PM ET ( Promotion Period ). During the Promotion Period, an eligible Entrant (as defined below) may enter the Contest by following the instructions set forth in Section 3 of these Official Rules and enter the Giveaway by following the instructions set forth in Section 4 of these Official Rules. Sponsor s computer is the official timekeeping device for the Promotion. 2. ELIGIBILITY: This Promotion is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Officers and directors of Administrator, each of its employees, representatives, designees and agents, and the employees, representatives, designees and agents of each of its respective parent companies, subsidiaries and affiliates, distributors, dealerships, advertising and marketing agencies and companies involved in the implementation and execution of the Promotion (collectively, the Promotion Entities ) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the steps of each) and persons living in the same household of each are not eligible to participate in the Promotion. Void where prohibited or restricted by law. By participating in this Promotion, an individual who enters the Contest, Giveaway or both (an Entrant ) agrees to be bound by these Official Rules and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Promotion. 3. HOW TO ENTER THE CONTEST: During the Promotion Period, an eligible Entrant must logon to Facebook and visit (collectively, the Page ), and must then go the SHARE WITH A FRIEND Tab on the Page. To enter the Promotion, the Entrant must first register by entering the information requested on the Page, including his/her first and complete last name (no initials), valid address, complete street address (no P.O. Boxes will be allowed), city, state, ZIP code, and agreement to these Official Rules (a Registration ) and click the submittal button on the Tab. Upon registering, entrants will be eligible to acquire points as follows: Follow the online instructions after entry on how to communicate to friends about the Promotion. For each friend that by means of your outreach goes to the Page and registers to receive more information about The Home Depot career opportunities and activities, the Entrant will receive one (1) point. Entrants may only enter the Contest once. Additional registrations will 1

2 be disregarded and the Entrant may subject to disqualification. By participating in the Promotion, Entrant understands that he or she is providing his or her information to Sponsor and not Facebook. Further, Entrant specifically agrees to releases Facebook from any and all liability associated with this Promotion. Use Facebook will be subject to its privacy policy and terms of use accessible on Facebook. 4. HOW TO ENTER THE GIVEAWAY: In addition to the other eligibility requirements of the Promotion, the Giveaway is open only to eligible, registered Entrants in the Contest. Points to not have to be earned to enter the Giveaway.t. Those Contest Entrants that have satisfied the foregoing requirement are automatically entered into the Giveway. You may only enter the Giveaway once. Additional registrations will be disregarded and the Entrant may be subject to disqualification. 5. WINNER DETERMINATION: The Entrants acquiring the most points as of the end of the Promotion will be eligible to receive the First, Second or Third Prize in the Contest. The winners of the Giveaway will be selected from the pool of eligible, registered Entrants received by the end of the Promotion Period. The winners of the Contest are also eligible to win a prize in the Giveaway. Each winner in the Promotion is deemed to be a potential winner pending verification of his or her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor s sole discretion. Approximately 1 to 2 weeks after the end date of the Promotion Period, an agent of Sponsor will send each potential Contest and Giveaway winner his or her prize to the address the respective prize winner provided when registering for the Promotion. If a potential Prize Winner is found to be ineligible, is not in compliance with these Official Rules or declines to accept the Prize, or if the Prize is returned as undeliverable, the Prize may, at Sponsor s sole discretion, be forfeited. If a Prize is forfeited for any reason, an alternate potential Prize Winner may be selected. In the case of the Contest, such alternate winner shall be the Entrant with the next highest number of points. In the case of the Giveaway, an alternate winner will be selected in a random drawing from all remaining eligible non-winning Giveaway entries received during the Promotion Period. In the event of a tie among Entrants in the Contest, the Entrant whose time of award of the final point awarded is the earliest shall be declared the winner. If after a good-faith attempt Sponsor is unable to award or deliver a prize, the prize may not be reawarded. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER. 6. PRIZES, CONDITIONS AND APPROXIMATE RETAIL VALUE ( ARV ): A. Contest Prizes: The First Place winner of the Contest will be awarded a $100 The Home Depot Gift Card ( Gift Card ). The Second Place winner of the Contest will be awarded a $75 Gift Card. The Third Place winner of the Contest will be awarded a $50 Gift Card. The ARV for all Contest prizes is $225. B. General Giveaway Prize (50): Each General Giveaway Prize is a $25 The Home Depot Gift Card ( Giveaway Prize ). The ARV of each General Giveaway Prize is $25 and the total ARV of this Giveaway Prize category is $1,250. C. The Total ARV of all Promotion Prizes is $1,475. The odds of winning a Giveaway Grand Prize or a General Giveaway Prize depend on the number of eligible entries 2

3 received during the Promotion Period. D. General Prize Conditions: Use of a The Home Depot Gift Card is subject to all terms and conditions on the gift card and available at: gid=- 1&storeId=10051&catalogId=10053&cm_mmc=SEM%7cTHD%7cB%7cBT2%7cGift Cards&skwcid=TC bp The Home Depot Gift Cards that are lost, stolen, defaced or used without permission will not be replaced. Each prize is nontransferable and non-assignable, and no substitution, exchange or cash equivalent will be allowed, except by Sponsor at Sponsor s sole discretion. Each prize winner is solely responsible for all costs and expenses associated with the prize that are not stated in these Official Rules. If a potential prize winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize or does not properly redeem the prize, the prize may, at Sponsor s sole discretion, be forfeited. Each prize may not be redeemed for cash, nor may it be transferred or offered for sale or auction, and can be substituted only, at Sponsor s sole discretion, with a prize of equal or greater value. No more than the stated number of prizes in these Official Rules will be awarded. E. Prize Limit: An Entrant may win only one (1) Giveaway Grand Prize and only one (1) General Giveaway Prize. 7. HOW TO CLAIM A PRIZE: A. Giveaway Prizes: Approximately 1 to 2 weeks after the end date of the Promotion Period, an agent of Sponsor will send each potential Giveaway Prize Winner his or her prize to the address the respective Giveaway Prize Winner provided when registering for the Promotion. If a potential Giveaway Prize Winner is found to be ineligible, is not in compliance with these Official Rules or declines to accept the Giveaway Prize, or if the Giveaway Prize is returned as undeliverable, the Giveaway Prize may, at Sponsor s sole discretion, be forfeited. If a Giveaway Prize is forfeited for any reason, an alternate potential Giveaway Prize Winner may be selected in a random drawing from all remaining eligible non-winning entries received during the Promotion Period. If after a good-faith attempt Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER. 8. LIMITATION OF LIABILITY: By participating in this Promotion, Entrants agree that the Sponsor, the Promotion Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters, the owning entities of Facebook, Twitter, Instagram and Vine and their respective officers, directors, employees, representatives, designees and agents ( Released Parties ) are not responsible for lost, late, incomplete, stolen, misdirected, postage due or undeliverable notifications, direct messages or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/internet/website/instagram/usenet accessibility, availability or traffic congestion; or 3

4 any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, Facebook users, Instagram users, Vine users, Twitter users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to the Website or any Promotion-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person s computer related to or resulting from participating in the Promotion and/or accepting a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor s sole discretion, be disqualified. If, for any reason, an Submission or Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as a Submission or Entry in the Grand Prize Giveaway or General Giveaway, the Entrant s sole remedy is to enter the Grand Prize Giveaway or General Giveaway again to receive additional Entries. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, extend, modify or suspend the Promotion and/or proceed with the Grand Prize Giveaway and General Giveaway, including the random selection of winners in a manner it deems fair and reasonable, including the random selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension. This Promotion is subject to all federal, state and local laws and regulations. By entering the Promotion, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; (iv) the Submission is the Entrant s own original, previously unpublished and previously unproduced work; (v) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (vi) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (vii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; and (viii) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the Entrant s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Promotion materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component 4

5 thereof); (e) any change in the prizes (or any components thereof) due to unavailability or due to reasons beyond Sponsor s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Promotion; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Submission (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption of or inability to access the Promotion, the Website, any other Promotion-related website(s), Facebook, Instagram, Vine, Twitter or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Entrant s (or any third person s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (p) the negligence or willful misconduct by Entrant; or (q) any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder. Without limiting the foregoing, everything regarding this Promotion, including the prize components, is provided as is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions. 9. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Georgia or the Superior Court of Cobb County, Georgia; (2) 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 (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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 the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application 5

6 of the laws of any jurisdiction other than the State of Georgia. Entrants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred. 10. PRIVACY POLICY: Any personally identifiable information collected during an Entrant s participation in the Promotion will be collected by Sponsor or designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor s Privacy Policy, as stated at eid=10051&langid=-1&catalogid= PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each Entrant (and any minor Entrant s parent or legal guardian) agrees to allow Sponsor and/or Sponsor s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, Submission and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide including, but not limited to, live television, on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law. 12. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor is not a confidential, fiduciary or other special relationship, and that the Entrant s decision to provide the Entrant s Submission to Sponsor for purposes of the Promotion does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant s Submission. Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or photos may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Sponsor s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of the Sponsor s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief, and Entrant s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. 13. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof. 14. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique 6

7 nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Promotion. Sponsor cannot accurately predict the number of Entrants who will participate in the Promotion. 15. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor s request therefor. 16. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered that any Entrant attempts to receive additional entries in excess of the stated limitation, that Entrant may, at Sponsor s sole discretion, be disqualified from the Promotion. In the event of a dispute as to the identity of the winner, the winning Entry will be declared made by the authorized account holder of the address associated with the Instagram, Facebook, Vine or Twitter account used to submit the Submission, as applicable. Authorized account holder is defined as the natural person who is assigned to an address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning addresses for the domain associated with the submitted address. Sponsor and Administrator reserve the right to disqualify any individual found, in Sponsor s or Administrator s sole discretion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any Promotion promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail. 17. WINNERS LIST: To obtain any legally required winners list, interested individuals should place a self-addressed, stamped business-size envelope (omit return postage if mailing from Vermont) in an envelope and mail it to Refuel Agency -THD Winners List Request, 10 Abeel Rd. Cranbury, NJ Winners List requests will be accepted only after March 22, 2015, and must be received by April 22, INTELLECTUAL PROPERTY: These Official Rules and all Promotion-related web pages and code are copyright of the Sponsor. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of the owner is strictly prohibited. 7

8 Facebook is a registered trademark of Facebook, Inc. All rights reserved. Twitter is a registered trademark of Twitter, Inc. All rights reserved. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. Instagram, Vine or Twitter. Entrant further agrees that Sponsor is not responsible, nor shall Sponsor provide notice to Entrant, of any changes to the terms of service and/or privacy policy of Facebook, Instagram, Vine and/or Twitter, as applicable. SPONSOR: Home Depot U.S.A., Inc., 2455 Paces Ferry Road, Atlanta GA ADMINISTRATOR: re:fuel agency, 10 Abeel Road, Cranbury, NY Attention: The Home Depot Team. 8