84 Lumber DIY Contest Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.  

BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS-ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.

The 84 Lumber Contest (the “Contest”) entries shall have ‘Entrant Content’ (as defined below).

1. Eligibility: Entrants must be legal residents of the fifty (50) United States or the District of Columbia, who are at least eighteen (18) years of age or older. As set forth in the judging section below, Entrant’s residing to closer proximity to participating 84 Lumber locations will receive preference.

Only one winning Entrant will receive a prize.

Employees, contractors, directors, officers, and agents of 84 Lumber Company (“Sponsor”), its parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such employee (whether or not related) are not eligible to enter or win. 

This Contest is subject to all applicable federal, state, and local laws and regulations and void where prohibited.  Participation constitutes Entrant’s full and unconditional agreement to these official rules (“Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Contest.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: 84 Lumber Company, 1019 Route 519, Eighty Four, PA 15330.
3. Entry Period: The Contest begins on Tuesday, February 21, 2023 at 10:00:00 am Eastern Time (“ET”) and ends on March  31, 2023 at 11:59:59 pm ET (the “Entry Period”). All entries must be received before the Entry Period end time/date to be valid.
4. How to Enter: To enter, during the Entry Period, (1) create an original piece of content (photo or video) that shows the completion of a DIY project. (2) submit original piece of content on JotForm. (3) entrants must be following @84Lumber on Instagram and (4) all Entrant’s accounts must be set to public.

Entrants who do not follow all of the instructions, provide the required information in their entry and/or abide by these Official Rules or other instructions of Sponsor may be disqualified in Sponsor’s sole discretion. Contest entries must comply with the Content requirements set forth herein to be valid. As used herein, “Content” refers to all content you submit in connection with the Contest (including, but not limited to, photos, videos, descriptions, writings, explanations, etc.).  Entries must be in English.  By submitting Content for the Contest, you hereby warrant and represent that your Content conforms to the Content Requirements set forth herein. 

5. Content Requirements: Entrants represent and warrant that their Content is their original work and it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party.

By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT CONTENT MAY BE POSTED ON SPONSOR’S SOCIAL PLATFORMS AND WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION.  Submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, display, post, publicly perform and otherwise use the Content in any way, in any and all media, without limitation, and without consideration to the Entrant.

ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR ENTRY. ANY ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.

All Content submitted by you must conform to the additional submission requirements set forth herein:

• Entry must comply with these Official Rules
• Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity
• Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Content cannot be obscene or offensive, endorse any form of hate or hate group;
• Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
• Content cannot infringe on trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• Content cannot contain copyrighted materials owned by others (including videos, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the Entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest.  Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, likenesses or voices of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Content and grant the rights herein granted to Sponsor;
• No background artwork should appear in Content unless it is an original work of the Entrant.  Any artwork, murals, etc. that can be seen in Content must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein;
• Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead;
• Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (as determined by Sponsor in its sole discretion); and
• Content cannot depict, and cannot itself, be in violation of any law.
• You agree that your participation in the Contest and agreement to these Official Rules and any Released Party’s display and use of the Content permitted under these Official Rules will not violate any agreement to which you are a signatory or party.
• To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Content permitted under these Official Rules.

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants.  Sponsor reserves the right to waive the Contest submission requirements set forth herein in its reasonable discretion.

6. Judging/Winner Notification: Following the Entry Period, on or around March 31, 2023, Sponsor will select the winning entry based off of creativity.

Entrants agree that Sponsor’s decisions are final and binding in all aspects of this Contest.

On or around April 3, 2032, Entrant of the potential winning entry will be notified via direct message and email with details on how to claim prize and the verification method.  Such individuals will have 48 hours to respond to such message.

Potential winning Entrants are subject to verification.  If any potential winning Entrant is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a Entrant cannot be verified, or if a Entrant is otherwise unable or unwilling to accept and claim the prize as stated, then such Entrant may be disqualified and the prize may be forfeited in Sponsor’s sole discretion.  In the event that a potential winning Entrant is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate Entrant who will be selected in a manner deemed fair and equitable in Sponsor’s sole discretion.  Entrants may be required to complete, sign (have notarized, if applicable) and return an Affidavit/Declaration of Eligibility/Liability Release, tax documents, and, where lawful, a Publicity Release (collectively, “Prize Documents”), without revision within ten (10) business days of attempted notification or prize may be forfeited. Entrant’s failure to return the Prize Documents in accordance with any instructions of Sponsor may result in forfeiture of the prize by Entrant. Prizes 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.  Sponsor is not responsible for any change of email address or mailing address of any Entrants.  The prize claim and Prize Documents are subject to verification by Sponsor. The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than two (2) alternate winners (time permitting) for the prize for any reason, in which case that prize may go unawarded.

7. Prize (1): One (1) verified winning Entrant will receive one (1) 84 Lumber Store Credit for $2,500.00. Approximate retail value (“ARV”): $2,500.00.

All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.  Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason.  Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion.  No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize. Sponsor will not be responsible or liable for any disputes, including without limitation any disputes regarding the prize.

8. Limitation of Liability and Release: As a condition of entering, Entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, including, without limitation, any injury, damage, loss, death or accident to/of person or property, or for any typographical or other error in these Official Rules or the announcement of offering of any prize; (b) under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. The limitations set forth in this section will not limit or exclude the Released Parties’ liability for the Released Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRIZE RECIPIENT AGREES THAT (AS BETWEEN PRIZE RECIPIENT AND SPONSOR) THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

EACH ENTRANT AND ANY PRIZE RECIPIENT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

10. Ownership & License: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the Entrant. By accepting a prize, winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content.  Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion.  Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. 
11. Publicity: Except where prohibited by law, the winning Entrant grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
12. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, bugs, virus, 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. In the event of cancellation, modification or suspension, Sponsor will award the prize from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor..  Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Contest or to be acting in violation of the Official Rules of this 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. Those who do not follow all of the instructions, provide the required content in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Purported entries that are incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited.
13. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest 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 with jurisdiction. In arbitration, there is no judge or jury and review is limited. The arbitration’s decision and award are final and binding. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

BY PARTICIPATING IN THE CONTEST, ENTRANTS AND SPONSOR AGREE 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 CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) 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 SET FORTH ABOVE AND IN SECTION 8, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT. NOTWITHSTANDING ANY PROVISION IN THE JAMS RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

13. Governing Law & Jurisdiction: This Contest and its Official Rules 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 Official Rules, or the rights and obligations of Entires and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, 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 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the state or federal courts having jurisdiction over Eighty Four, Pennsylvania.
14. Entrant’s Personal Information: If you are selected as a winning Entrant, your information may also be included in a publicly-available winner’s list and shared as needed to fulfill the prize.
15. Winner’s List/Official Rules: A copy of these Official Rules is available online during the Entry Period by visiting https://www.84lumber.com/about/press-room/news/. For information about who won, send a self-addressed, stamped envelope to: “84 DIY Contest – Who Won?, Attn: Marketing Department, 84 Lumber Company, 1019 Route 519, Eighty Four, PA 15330.” Requests for winner information must be received no later than three (3) months after the end of the Entry Period.