PERC PROPANE PROJECT OF THE YEAR CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PROMOTION DESCRIPTION: The PERC Propane Project of the Year Contest (the “Contest” or “Promotion”) will take place from July 1, 2019 to August 30, 2019. The intent of the Contest is to invite participants to submit a project description of up to 200 words, along with details about the propane-fueled products and design features used to reach the project’s goals and upload a minimum of three (3) photos (the “Photos”) of a Residential New Construction, Residential Remodel or Commercial project that uses propane and was completed after January 1, 2016 (the “Contest Entry”). Each Contest Entry must clearly reflect the judging criteria, as defined below. The Contest will include a round of judging to determine one (1) Contest Grand Prize winner (the “Contest Grand Prize Winner”) and three (3) Contest Honorable Mentions (the “Contest Honorable Mention(s)”), as further described herein.
By participating in the Promotion, each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Propane Education & Research Council (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects.
ELIGIBILITY: The Promotion is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry and are employed as a builder, remodeler, architect, engineer or trade professional. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Promotion is subject to all applicable federal, state and local laws and regulations.
TIMING: The Contest Entry Period begins at 12:00:01 AM Eastern Time (“ET”) on Monday, July 1, 2019 and ends at 11:59:59 PM ET on Friday, August 30, 2019 (the “Contest Entry Period”) The Promotion consists of four (4) periods: the Contest Entry Period, Judging & Winner Determination Period, Contest Winner Confirmation Period, and Winner Announcement as defined in the chart below. The Sponsor’s computer is the official timekeeping device for this Promotion.
|Periods||Start Time||End Time|
|Contest Entry Period||July 1, 2019 @ 12:00:01 AM ET||August 30, 2019 @ 11:59:59 PM ET|
|Judging & Winner Determination Period||September 3, 2019||September 11, 2019|
|Contest Winner Confirmation Period||September 12, 2019||October 2, 2019|
|Winner Announcement||October 3, 2019||October 3, 2019|
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
- Grand Prize: One (1) Grand Prize Winner will receive $10,000. The total ARV of the Grand Prize is $10,000.
- Honorable Mention Prizes: Three (3) Honorable Mention Prize Winner will receive a $1,000 each. The total ARV of all the Honorable Mention Prizes is $3,000.
The total ARV of all prizes to be awarded: $13,000.
THE CONTEST ENTRY PERIOD & HOW TO ENTER THE CONTEST: During the Contest Entry Period, visit https://propaneproject.secure-platform.com (the “Promotion Website”), follow the instructions to submit a project description of up to 200 words, along with details about the propane-fueled products and design features used to reach the project’s goals and upload a minimum of three (3) photos (the “Photos”) of a Residential New Construction, Residential Remodel or Commercial project that uses propane and was completed after January 1, 2016 (the “Contest Entry”), follow all instructions to complete the contest entry form and submit (the “Contest Entry”). All Contest Entries must be received between Monday, July 1, 2019 at 12:00:01 AM ET and Friday, August 30, 2019 at 11:59:59 PM ET. Each Contest Entry must include an original Photo. Contest Entries submitted with a Photo that has already been submitted will be disqualified.
ENTRY REQUIREMENTS & CONDITIONS: All Contest Entries must comply with the following minimum guidelines to be eligible:
- The Photos must show a Residential New Construction, Residential Remodel or Commercial project that uses propane completed after January 1, 2016.
- The Residential New Construction, Residential Remodel or Commercial project that uses propane should be the primary subject of the Photo. No other individuals may appear in the Photo or Video, without express permission. If Photo/Video features a minor under the age of majority in his/her state of residence, you must obtain written permission from the minor’s legal guardian.
- Photos must conform to the format and size requirements and limitations of the Promotion Website. The Photo minimum size is 1200 x 800 pixels in .JPG, .JPEG, .GIF or .PNG format and the maximum Photo file size is 2GB.
- Entry and Photo cannot contain content that is irrelevant to the purpose of the Contest.
- Once a Photo has been submitted, it cannot be modified or deleted by Entrant.
- Each submitted Photo must be original, on which no image editing software has been used.
- No duplicate Photos or substantially similar Photos, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
- Entry and Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry and Photo cannot be violent or promote firearms/weapons.
- Entry and Photo cannot promote alcohol, illegal drugs or tobacco.
- Entry and Photo cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry and Photo cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry and Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Entry and Photo cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Entry and Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wish to associate.
- Entry and Photo cannot depict illegal activity and cannot itself be in violation of any law.
- Entry and Photo cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry and Photo may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Photos cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting a Contest Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Contest Entry, which includes a Photo.
By submitting an Entry, Contest Entrant warrants and represents that: (a) Contest Entry, Photo do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Contest Entrant has obtained written permission from any person who may appear in the Photo; (c) Contest Entrant owns all rights to the Photo, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed/videoed by someone other than the Contest Entrant him/herself; and (d) Contest Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Contest Entry, or Contest Entrant’s conduct in creating the Contest Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.
JUDGING & FINALIST DETERMINATION: The Judging & Finalist Determination Period will begin on Tuesday, September 3, 2019 and be completed on Wednesday, September 11, 2019. All eligible Entries received during the Contest Entry Period will be judged by the Sponsor, who shall use the criteria set forth below:
- Project Design (33.34%)
- Project Performance (33.33%)
- Use of Propane to Achieve Goals (33.33%)
The one (1) Contest Entries that receive the highest total score based on the judging criteria will be deemed the potential Grand Prize Winner. In the unlikely event of a tie, the tied Contest Entry with the highest score in Criterion A, will be deemed the potential Grand Prize Winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential finalists from among the tied entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential Grand Prize Winner. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.
The Contest Entries, not including the Grand Prize Winner, that receive the highest score in each of the three (3) categories: 1. Residential New Construction, 2. Residential Remodel, 3. Commercial (the “Category”) based on the judging criteria will be deemed the potential Honorable Mention Winner for the corresponding Category (“Honorable Mention”). In the unlikely event of a tie in a Category, the tied Honorable Mention in the Category with the highest total score, will be deemed the potential Honorable Mention Winner for the corresponding Category. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest total score in determining the potential Honorable Mention from among the tied entries, the highest scores in each of Criteria A through C, in sequence (to the extent needed) will determine the potential Honorable Mention Winner. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.
CONTEST PRIZE WINNER NOTIFICATION & CONTEST PRIZE ACCEPTANCE REQUIREMENTS:
The potential Contest Grand Prize Winner will be notified on or about Thursday, September 12, 2018 via email and/or phone, and will be required to sign and return, within seven (7) days of notification, the Releases and a W-9 Form. Noncompliance will result in disqualification and the Contest Entrant who received the next highest total score will be deemed the potential Contest Grand Prize Winner and will be notified. The Contest Grand Prize will be awarded within approximately 45 days after verification.
The potential Contest Honorable Mention Prize Winner will be notified on or about Thursday, September 12, 2018 via email and/or phone, and will be required to sign and return, within seven (7) days of notification, the Releases and a W-9 Form. Noncompliance will result in disqualification and the Contest Entrant who received the next highest total score will be deemed the potential Contest Honorable Mention Winner and will be notified. The Contest Honorable Mention Prize will be awarded within approximately 45 days after verification.
If a Contest Prize Winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the Contest Grand Prize will be awarded in the name of winner’s parent or legal guardian who will be required to execute and return the Releases and W-9 on minor’s behalf. Non-winning Contest Entrants will not be notified.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.
Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Contest Prize winners will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use Winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
By accepting a Contest Prize, you further agree to release the Promotion Entities from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Promotion or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor and their affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Promotion or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of any prize.
No confidential relationship is established by any Contest Entrant and the Sponsor as a result of participating in the Promotion. None of the information submitted by the Contest Entrant will be treated as trade secrets, confidential information or as protected data.
In the event of a dispute over the identity of an entrant or voter, submission will be deemed submitted by the “Authorized Account Holder” of the email address submitted by the Contest Entrant account from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address or Instagram account is registered. Any entrant, voter or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries/votes or entries/votes generated by a script, macro or use of automated devices are void. The Promotion Entities are not responsible for: (i) lost, late, misdirected, damaged or illegible entries/votes; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s, voter’s or any other person’s computer related to or resulting from participating in the Promotion. By participating in the Promotion, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Promotion). If, for any reason, the Promotion is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor is not responsible if the Promotion cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry or Vote process or the operation of the Promotion. Sponsor reserves the right to disqualify any Entrant or Voter at any time during the Promotion Period that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant, Voter or winner and void any Contest Entries, Votes or Voter Sweepstakes Entries of said person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the state of District of Columbia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in District of Columbia and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Washington, District of Columbia. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Washington, District of Columbia. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules send a self-addressed, stamped envelope by October 3, 2019, to: The PERC Project of the Year Contest Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after October 3, 2019) send a stamped, self-addressed envelope (no later than October 31, 2019, to: The PERC Project of the Year Contest Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Propane Education & Research Council, 1140 Connecticut Ave NW # 1075, Washington, DC 20036.
Void outside the US, in Puerto Rico, and wherever else prohibited by law.