THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE FIFTY (50) UNITED STATES (EXCLUDING ND) AND THE DISTRICT OF COLUMBIA ONLY (EXCLUDING, WITHOUT LIMITATION, CANADA, PUERTO RICO AND OTHER U.S. TERRITORIES AND POSSESSIONS).
TO PARTICIPATE IN THE METRIE COMPLETE® SHIPLAP 2017 INSTAGRAM CONTEST, YOU MUST BE 21 YEARS OF AGE OR OLDER.
THIS OFFER MAY NOT BE REPRODUCED, REPRINTED OR PUBLISHED ELSEWHERE IN ANY FORMAT WITHOUT THE WRITTEN PERMISSION OF THE SPONSOR.
METRIE COMPLETE® SHIPLAP 2017 INSTAGRAM CONTEST
ONCE YOU SUBMIT YOUR DESIGN, IT BECOMES THE PROPERTY OF METRIE INC. AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATED COMPANIES (COLLECTIVELY “METRIE™”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE AN ENTRY’S CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTIONAL ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States, (excluding ND), and D.C., who are currently age 21 or older at time of entry (“Entrant”). Void outside the U.S., in Puerto Rico, and wherever else prohibited by law. The Promotion is not open to employees of Sponsor and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers and directors, or any persons or entities directly associated with the Contest and members of their immediate families and/or persons living in the same household as such persons (collectively, the “Promotion Entities”), are ineligible to enter the Contest. Subject to all applicable federal, state, and local laws and regulations.
- SUBMISSIONS: Submission Requirements: Submission must be of one (1) fully built wall using Metrie Complete® Entrants should post an image of thier completed wall on Instagram and tag @OfficialMetrie and use the hashtag #MyMetrieComplete. Entrants must have the rights/permissions to submit the photographs. Submission must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submitting the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission.
- Neither the contestant’s name nor company/firm name can appear on any of the submitted photography.
- Entrant must have purchased Then & Now Finishing Collections™ products between June 8, 2017 and September 1, 2017.
- If duplicate projects are entered by separate entrants, Metrie reserves the right to combine any duplicate entries into one for judging and voting purposes.
- You agree that once you enter your Submission, it becomes the property of Sponsor.
- Entrants may enter as many times as they like, as long as they submit different design projects.
- Projects previously promoted or featured by Metrie™ in print or social media are ineligible including 2016 Builder & Designer contest entries.
- Decisions of Sponsor are final relating to all aspects of the online voting process and results. Sponsor may disqualify any Submission if Entrant or related parties violate any of the terms and conditions contained herein.
PRIZE AND PRIZE APPROXIMATE RETAIL VALUES (“ARV”):
- Grand Prize: One (1) Grand Prize winner will a trip for two (2) to New York including a 2 night, 3 day stay at one of the pre-selected Air B&B locations in New York (valued at $2,000), plus reimbursement of Metrie Complete® products used in the room build (invoice required to substantiate value), but for this promotion is estimated at a maximum value of $590. Total estimated ARV of Grand Prize is $2,590.
- Runner up: One (1) person will receive the runner up prize and be allowed to choose between one of two options: their choice of EITHER One (1) Build Your Own Tool Belt from Magnolia Market (valued at $450) OR One (1) Joanna’s Favorite Satchel from Magnolia Market (valued at $220), plus reimbursement of Metrie Complete® products used in room build (invoice required to substantiate value), but for this promotion is estimated at a maximum value of $590. Total estimated ARV of Runner Up prize is $1,040.
- Total value of all prizes is $3,630.
- NOTIFICATION: Potential winners will be notified by Instagram Direct Message. US residents will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and any other documents Sponsor may require, within fifteen (15) days of initial notification.
- Failure to timely return a signed Affidavit, Declaration, other required documents, or the return of any prize notification or prize as undeliverable will result in prize forfeiture and an alternate winner may be notified. Potential winners cannot contact the media or in any way promote their winning until after the announcement of the winners on social media on September 7, 2017 or prize may be forfeited. Federal and state income taxes may apply and are the sole responsibility of the winners. All expenses not specifically stated as being included are excluded, including but not limited to taxes, including any income tax, and are the responsibility of the winners. US winners will be issued an Internal Revenue Service Form 1099 for the value of their prize for the tax year in which prize was won. No assignment or transfer of any prize is permitted.
- LICENSE: By entering your Submission in the Contest, you hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or that hereinafter become known. Each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Submission must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submitting the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website, including, without limitation, name and likeness permissions for any person that appears in or is identifiable in the Submission. If any identifiable person appearing in the Submission is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. By submitting a Submission, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consents to the submission and use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website. Sponsor reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion.
- DATES & DEADLINES / ANTICIPATED NUMBER OF CONTEST ENTRANTS: Because of the unique nature and scope of the Contest, 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 Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, releases, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of the agreements hereunder, then each Entrant agrees to sign the same upon Sponsor’s request therefore (without any need for any additional consideration).
- PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among Sponsor and any Entrant in or Winner of the Contest, each Entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Entrant’s Submission, name, likeness, biographical information, and any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto, unless prohibited by law.
- NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities 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 Contest does not place the Promotion Entities 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 acknowledges and agrees that the Promotion Entities do 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 Entrant’s copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Promotion Entities’ actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, 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 or in any way.
- GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity. Sponsor assumes no responsibility for any damage to an Entrant’s computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen Submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- INSTAGRAM & FEATURED PRIZES DISCLAIMER: The sweepstakes hosted by Metrie™ is in no way sponsored, endorsed, administered by, or associated with Instagram, Magnolia Market, or any of the featured brand prizes. By entering, entrants confirm they are 18+ years of age, release Instagram of responsibility, and agree to Instagram’s term of use.
- DISPUTES: Each Entrant agrees to release, defend, indemnify and hold harmless Sponsor, Agent for Sponsor, those working on its behalf and each of their respective officers, directors, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in this Contest, Sponsor’s use of the Entry or the awarding, acceptance, use or misuse of any prize. Any and all disputes, claims and causes of action arising out of or in connection with this Contest shall be resolved individually without resort to any form of class action. This Contest shall be governed by and construed in accordance with the laws of the State of Washington regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Washington, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Washington.
- ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- WINNERS LIST/OFFICIAL RULES: The Winners will be posted on the Facebook and Instagram on or about September 12, 2017.
- SPONSOR AND ORGANIZER: This Contest is organized by Venveo, 2000 Kraft Drive, Suite 1204, Blacksburg, VA 24060 (“Organizer”) on behalf of Metrie Canada Ltd., 3500 – 1055 Dunsmuir Street, Vancouver, B.C. V7X 1H3, Canada (“Sponsor”). Participation in the Contest is facilitated through various social media platforms, on behalf of Sponsor, Organizer and end-users in connection with this Contest. PLEASE NOTE THAT THIS CONTEST IS NOT IN ANY WAY SPONSORED BY, ENDORSED BY OR OTHERWISE AFFILIATED WITH INSTAGRAM INC., FACEBOOK, INC., OR TWITTER, INC.