H.B. FULLER COMPANY “#FAST2KSTAYCATION” SWEEPSTAKES
Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The “#Fast2KStaycation” Sweepstakes (the “Sweepstakes”) entry period begins at 1:00 PM Central Time (“CT”) on March 29, 2021 and ends at 11:59 PM CT on April12, 2021 (the “Entry Period”), when all entries must be received. Central Time shall control for all purposes of this Sweepstakes. Sponsor’s designated clock will be the official timekeeper for this Sweepstakes. The Sweepstakes is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws. Void where prohibited by law.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States, who are 18 years of age or older at the time of entry. Employees of H.B. Fuller Company and its subsidiaries, divisions, affiliates and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor-designated judge(s), whose decisions shall be binding and final in all respects relating to this Sweepstakes.
2. HOW TO ENTER: Entry is simple. HGTV DIY home renovation expert Bryan Baeumler will make a post on his Twitter page about Fast2K [follow Bryan at “@Bryan_Baeumler]. Sign into your Twitter account, like the post and reply with a tweet using the hashtag “#Fast2KStaycaction” and tag “@Builditfast2K” and tell Bryan what you want to build in your backyard this summer using the hashtag “#Fast2KStaycation.” To win, get as many retweets on your reply to @Bryan_Baeumler. To enter you will need to use a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform. Entering with a mobile phone or other web-enabled device involves using your wireless carrier’s network, and standard data charges from your wireless carrier may apply. Check with your wireless provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. Additionally, you will need to download a Twitter application from your mobile device’s app store and sign-up for the necessary account if you have not already done so. Creating a Twitter account is free. By submitting your information and creating each account however, entrants will be required to agree to the account’s applicable terms of service and privacy policy. If you do not agree to an account’s terms of service and privacy notice, you cannot create such account or participate in this Sweepstakes. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth above in the second sentence of this Official Rule 2, and Sponsor is not responsible for failure to see or receive an entry. NOTE: Sponsor may not receive entries from Twitter users with “private” account settings (i.e., user has set their account so that only people the user has approved can view their posts). Your setting must be set to “unprotected” and/or “public” for your posts to be viewable by Sponsor and its agents in order to be considered an Entry. All Entries must be received and recorded during the applicable Entry Period. No other forms of Entry are valid. Tweets not received by Sponsor will not be entered into the Sweepstakes. By including the hashtag “#Fast2KStaycation” in the post, entrants are confirming their acceptance and agreement to these Official Rules. Limit one (1) entry per person throughout the Entry Period. Entries by the same person in excess of the limits stated herein will be disqualified. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Twitter may also suspend accounts from further activity that it suspects to be linked to a single user and created for purposes of entering multiple times. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified.
3. RANDOM DRAWING; ODDS OF WINNING: Twenty-Five (25) contestants with the most retweets on their reply to Bryan Baeumler will win. Odds of winning depend on the total number of retweets received.
4. WINNER NOTIFICATION: Potential winner will be notified on or about [April 14th,2021] by direct message on Twitter, at Sponsor’s discretion and may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) within the time frame or by the date specified in notification or an alternate winner may be selected. If potential winner is under the age of majority in his/her state of legal residence, the Affidavit must be executed on its behalf by his/her parent or legal guardian. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (d) potential winner cannot or does not comply with the Official Rules, (e) potential winner’s prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other entries received.
5. PRIZE: Twenty-Five (25) prize winners will each receive four (4) bags of Fast 2K (approximate retail value (“ARV”) $52), and a $25 Visa gift card. Each gift card is subject to gift card issuer’s terms and conditions that apply thereto, and any terms and conditions set forth on the card itself. Total ARV all prizes: $2,800 All federal, state and local taxes on the prize are the sole responsibility of the winner. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). No prizes in addition to those referenced herein will be awarded.
6. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering the Sweepstakes, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used solely for administration of the
Sweepstakes and awarding the prize. In addition, by entering, entrants agree to Sponsor’s use of entrant’s personal information as described in its privacy policy at https://www.hbfuller.com/en/campaign-pages/privacy-notice-. Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosures made by any third party. Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor’s privacy policy. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email or Twitter accounts or entrant’s failure to monitor his/her account; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any website or Twitter account promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple Twitter accounts or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to award the prize using all entries received as of the termination date. Notification of such action by Sponsor will be posted on Sponsor’s Twitter page.
8. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor, Twitter, and their respective subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer, phone or tablet regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof except Fast 2K products including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota. BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, 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.
9. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Ramsey County, Minnesota 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 are 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 Sweepstakes 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 St. Paul, Minnesota. 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 Ramsey County, Minnesota. 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.
10. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to (a) contact entrant with information which the Sponsor believes may be of interest to entrant, and (b) obtain and deliver entrant’s name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may also be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
11. LIST OF WINNERS/OFFICIAL RULES REQUESTS: To receive a list of winners, send a stamped self-addressed envelope to: “#Fast2KStaycation” Sweepstakes Winners List”, c/o H.B. Fuller Company, 1200 Willow Lake Boulevard, P.O. Box 64683, St. Paul, MN 55164-0683 (Attn: FAST 2K Marketing) within sixty (60) days of expiration of the Entry Period. For a copy of these Official Rules, send a letter-size, self-addressed, stamped, No. 10 envelope to: “#Fast2KStayvacation” Sweepstakes Official Rules”, c/o H.B. Fuller Company, 1200 Willow Lake Boulevard, P.O. Box 64683, St. Paul, MN 55164-0683 (Attn: FAST 2K Marketing) prior to the end of the Entry Period.
12. SPONSOR: This Sweepstakes is sponsored by H.B. Fuller Company, 1200 Willow Lake Boulevard, St. Paul, MN 55164. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter.
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