NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia.
1. ELIGIBILITY: The Gladiator All-American Garage vs. Garage Contest (the “Contest”) is open only to those age 18 and older, who are legal residents of the 50 United States or the District of Columbia. Employees of Whirlpool Corporation (“Gladiator” or “Sponsor”), ARS, Ketchum, Inc. (“Ketchum”) and their respective parent companies, subsidiaries, affiliates, sales representatives, dealers, distributors, licensees or agents, advertising and promotional agencies, and all such employees’ immediate family members and those living in the same household of each such employee (whether related or not), are not eligible to participate in this Contest. Void where prohibited. All federal, state and local laws and regulations apply.
2. ENTRY PERIOD: The Contest Submission Phase begins at 10:00 a.m. ET on July 9, 2014 and ends at 5 p.m. ET on July 23, 2014 (“Entry Period”). Sponsor’s computer is the official time keeping device.
3. HOW TO ENTER: Visit Gladiator’s Facebook page — www.facebook.com/GladiatorGW — (“Website”) during the Entry Period, read the Official Rules and upload a photo of your own garage (“Photo”) and provide a caption (“Caption”), which explains what activities you take pride in doing in your garage and how Gladiator GarageWorks product can help improve these activities, via email. All entry information will be considered the Submission. All entrants will be required to “like” the Gladiator Facebook page if not already done so.
Submissions File size: Up to 10MB
In addition, by entering, entrants represent and warrant that their Submissions are original; do not infringe any other person’s or entity’s rights; do not contain personal information about any individual (other than entrant); and have not been submitted previously in a contest of any kind.
Submissions must not be inappropriate, indecent, obscene or disparaging to organizations or individuals as determined by Sponsor or its partners in its sole discretion. Proof of entry or sending is not proof of receipt. All entries, including Submissions, become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have a royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, display, edit, adapt, create derivative works from, and publish any or all of the Submissions entered, and may use them in any media, worldwide and in perpetuity, without attribution or compensation to the entrant, his or her successors or assigns, or any other entity. Entry of a Submission in this Contest constitutes entrant’s irrevocable assignment, conveyance and transference to Sponsor of all rights, titles and interests in the Submission, including, without limitation, all copyrights.
You must have a valid email address. No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed Submissions are eligible.
Limit ONE (1) entry per person using only one email address
For the avoidance of doubt, no product of the Sponsor is required to be featured or otherwise shown in the Photo, and no purchase of any product of the Sponsor is necessary to enter the Contest.
You must be a registered user of Facebook and comply with the Statement of Rights and Responsibilities found at http://www.facebook.com/terms/#!/terms.php in order to enter the Contest. To the extent of any conflict between these Official Rules and the Facebook Statement of Rights and Responsibilities, these Official Rules will apply.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation; (c) the Submission will not infringe on any rights of any third parties; and (d) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein.
Uploading a Submission constitutes entrant’s consent to give Sponsor and its licensees, successors and assigns and any designated person or entity acting on its behalf a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, exploit, modify, edit, transmit, distribute, create derivative works from and display such Submission (including without limitation, the First Name, and Initial only of the Last Name or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for Sponsor’s promotional or marketing purposes in perpetuity without compensation, permission or notification to entrant or any third party. Further, by providing a Submission entrant consents to Submission being cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. If requested, the entrant will sign any additional documentation for the Sponsor, its licensees, successors, assigns or its designees to make use of the non-exclusive rights the entrant is granting to use the Submission.
All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. DETERMINATION OF SEMI-FINALISTS: Sixteen (16) semi-finalists (“Semi-finalists”) will be chosen by a Gladiator GarageWorks internal panel of judges from all eligible entries received on or about July 23, 2014, based on the following judging criteria applied to the photo submitted: 50% showcasing activity (e.g. car maintenance, gardening, neighborhood gathering, tailgate parties, movie nights, etc.) and 50% potential for how Gladiator could enhance the activities through use of Gladiator GarageWorks products. By entering the Contest, you fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Contest.
5. SEMI-FINALIST NOTIFICATION AND VERIFICATION: Each selected Semi-finalist is considered a potential Grand Prize winner and must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. Semi-finalists will be notified by mail, email or phone 24 hours before their entry will post online for a vote.
6. DETERMINATION OF FINALISTS: Each of the 16 Semi-finalists will randomly have their submissions placed side-by-side with another semi-finalist’s submission on the Website for a 24-hour vote by Facebook users. After each 24-hour voting period concludes, the top receiver of votes for that 24-hour voting period, as determined in the comment section of the Facebook page, will advance to the next round of 24-hour voting until a winner is declared. Each 24-hour voting period will begin at 11 a.m. ET each day and conclude at 10:59 a.m. ET the following day, unless otherwise indicated by Sponsor. Votes in the Facebook page comment section will be tallied at the end of the 24-hour voting period to determine the winner. Only one vote per Facebook user is allowed per matchup. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including vote-farming, vote-exchanges, offering prizes or other inducements to members of public, as determined by Sponsor, in its sole discretion and Sponsor reserves the right to nullify any and all such votes and to disqualify from Contest the responsible entrant. Only valid votes received by Sponsor will count towards entrant’s total cumulative score. In the event of a tie, the winner will be determined by an internal panel.
Matchups will take place between July 24-August 12, 2014 and a bracket showing the advancement of entrants will be displayed on the Gladiator GarageWorks Facebook page.
- Round 1: July 24-31 (eight days of head-to-head voting will narrow from 16 finalists to 8 finalists)
- Round 2: Aug. 1-4 (four days of head-to-head voting will narrow from 8 finalists to 4 finalists)
- Round 3: Aug. 5-6 (two days of head-to-head voting will narrow from 4 finalists to 2 finalists)
7. DETERMINATION OF WINNER: Two finalists, as decided by the rounds of online voting, will have their submissions placed side-by-side on the Website for a vote by Facebook users. This voting window will begin at 11 a.m. ET on Aug. 7 and conclude at 10:59 p.m. ET on Aug. 12. Only one vote per Facebook user per day is allowed.
8. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNER HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
9. WINNER NOTIFICATION AND VERIFICATION: Each selected potential Winner must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. Potential Winner will be notified by mail, email or phone on or around Aug. 18, 2014. In the event that the potential Winner of the Prize is disqualified for any reason, Sponsor may, in its sole discretion, select an alternate potential Winner.
10. PUBLICITY: Acceptance of any prize shall constitute and signify the Winner’s agreement and consent that Sponsor may use the finalists and/or Winner’s first name and initial of last name, age, address (city, state), likeness, photograph, picture, portrait, voice, biographical information, Submission, any statements made by Winner regarding the Contest or Sponsor, and/or prize information for contextual, advertising and promotional purposes worldwide, including the Internet, without limitation or notice and without further payment or consideration, except where prohibited by law.
11. PRIZES: There will be one (1) Grand Prize Winner, who will receive $5,000 retail value worth of Gladiator® products to use toward the winner’s garage. Approximate Retail Value (“ARV”) of Prize: $5,000. The runner-up will receive $1,000 retail value worth of Gladiator® products ($1,000 ARV). All 16 Finalists will receive a Gladiator GarageWorks® starter kit ($55 ARV). Installation of prizes not included.
All expenses not specifically listed herein are the responsibility of Winner. Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes on the prize are the sole responsibility of the winner.
12. GENERAL RULES: By entering or participating in the Contest, entrants agree to be bound by these Official Rules. Released Entities (as defined below) assume no responsibility for electronic hardware, programming or software malfunctions, or failures, or line connections, accessibility or availability, or technical failures of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of any entry or other information, or for the failure to capture any such information. Released Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Further, if, for any reason, the Contest is not capable of running as planned, including by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, including to select the Winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. No more than the stated number of prizes will be awarded. In the 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.
Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or to be acting in violation of these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is 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.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. Each entrant may be required to show proof of being an authorized account holder.
13. RELEASE: Entrants, by participating in this Contest, hereby waive and release, and agree to hold harmless Sponsor, ARS, Ketchum, and their respective parents, subsidiaries, affiliates, distributors, advertising and Contest agencies and all of their respective officers, directors, employees, representatives and agents (“Released Entities”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, including death, personal injury, and property damage, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the prize in the Contest, or their participation in the Contest, or their participation in any Contest or prize related activity, or any travel related to the Contest or any travel for any prize related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Winner also further acknowledges that Sponsor, their affiliates, subsidiaries, employees, officers, directors, and Contest and advertising agencies have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Contest including but not limited to quality, condition or fitness for a particular purpose. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
14. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED ENTITIES 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 SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE 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 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.
15. DISPUTES; GOVERNING LAW: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
17. LIST OF WINNERS: To obtain a list of winners, send a self-addressed, stamped envelope by Aug. 29, 2014 to: Gladiator “All-American” Garage vs. Garage – Winners’ List; c/o Caroline Friedman, Ketchum, 200 E. Randolph, 36th Floor, Chicago, IL 60601.
18. SPONSOR: Gladiator GarageWorks
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK.