Legal

“GameChangers Sweepstakes”
“Official Rules”

NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
The “GameChangers Promotion” is sponsored by Whirlpool Corporation, 600 Main Street, Benton Harbor, MI 49022 (“Sponsor”) and is administered by National Sweepstakes Company, LLC (the “Sweepstakes Administrator”) (collectively, the “Sweepstakes Entities.”). This Sweepstakes is in no way sponsored or administered by Facebook or Twitter. All communication with respect to the Sweepstakes should be directed to the Sponsor at the address above.

DATES OF SWEEPSTAKES: “GameChangers Sweepstakes” (the “Sweepstakes”) begins at 12:00:00 am Eastern Time (“ET”) on January 9, 2017 and ends at 11:59:59 pm ET on March 6, 2017 (the “Sweepstakes Period”). The Website’s clock is the official time keeping device for this Sweepstakes.

ELIGIBILITY: Sweepstakes is open only to legal, permanent United States resident residing in the forty-eight (48) contiguous United States or the District of Columbia who are 18 years of age or older at the time of entry (the “Entrant”). Employees and their immediate family members (spouse, parent, child, siblings, and the steps of each, regardless of where they live, or persons living in same household, whether related or not) of Sponsor and the Sweepstakes Administrator and each of their respective parent companies, subsidiaries and affiliates, distributors, and companies involved in the implementation and execution of the Sweepstakes (collectively, the “Released Parties”) are not eligible to participate in the Sweepstakes. By entering the Sweepstakes, Entrant indicates their full and unconditional agreement to, and acceptance of, these Official Rules (the “Official Rules”), waives any right to claim ambiguity with respect to these Official Rules, and agrees that the decision of the Sweepstakes Entities, are final and binding in all matters pertaining to the Sweepstakes. Each Entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules. THE SWEEPSTAKES IS VOID IN HAWAII, ALASKA, PUERTO RICO AND US TERRITORIES AND POSSESSIONS LOCATED OUTSIDE OF THE FORTY_EIGHT (48) CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE EVER ELSE RESTRICTED OR PROHIBITED BY LAW.

HOW TO ENTER: Entrant must visit HTTP://BLOG.GLADIATORGARAGEWORKS.COM/GAMECHANGERS/ (the “Website”) in order to enter the Sweepstakes. Once at the site, Entrant must log in with either his/her Facebook® account, Twitter® account or e-mail address. After logging in, the Entrant must click the “Upload a photo” button to upload a photo that displays a part of the body, then select a digital tattoo based on the game changer category (Newlywed, New Homeowners, Growing Family, or Empty Nester) and place the digital tattoo onto the body shown in your photo. Then, save the photo and click “Submit My Ink” to receive one (1) entry into the Sweepstakes. Entrants may submit a photo for each game changer category. There is no limit to the number of entries an Entrant may receive. All entries must be submitted by 11:59: pm ET on March 6, 2017 in order to be eligible.

If an Entrant uses his/her Twitter® account to enter, the Entrant must follow @gladiatorgw and his/her account must be “public” in order to be eligible to win.

This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook® or Twitter®. Entrant understands that he/she is supplying their information to the Sponsor and not to Facebook® or Twitter®.

Photo Requirements: Each Photo:
• Must be 8 MB or less;
• Must be minimum size in pixels: 640 x 640;
• Must be submitted in the following formats: JPG, PNG, GIF;
• Must be maximum size in pixels: 2000 x 2000;
• Must not include any identifiable person(s) other than the Entrant unless the Entrant has obtained proper consent to appear in the photo from all other identifiable persons included or their parents’ or guardians where appropriate;
• Must not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity, or intellectual property rights or that constitutes copyright infringement;
• Must be the original work of the Entrant and not contain images or artwork not created by the Entrant;
• Must not disparage Sponsor, Sweepstakes Administrator, or any other person or party affiliated with the Sweepstakes;
• Must not prominently feature brand names or trademarks other than Sponsor’s trademarks in any element of the entry;
• Must not promote any cause other than the Sweepstakes theme;
• Must not include personally identifiable information;
• Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous, or libelous (as determined by Sponsor, at Sponsor’s sole discretion);
• Must not contain, facilitate, reference or use material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age (as determined by Sponsor at Sponsor’s sole discretion);
• Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and
• Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.

NOTE: If any entry fails to comply with any of these Photo Requirements or any other provisions or any other of these Official Rules, Sponsor and Sweepstakes Administrator reserve the right to disqualify the Entrant.

Neither Sponsor nor any Sweepstakes Entity is responsible for any online entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.

In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder of the Facebook® account, Twitter® account, or e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the account/e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning the account/e-mail address. Potential winners may be required to show proof of being the authorized account holder.

Any attempt by any Entrant to enter by using multiple/different addresses, identities, logins and/or any other methods may void that Entrants entry, and that Entrant may be disqualified from the Sweepstakes. All entries (including all intellectual property rights embodied therein) shall become the exclusive property of the Sponsor and will not be returned. Sponsor and Sweepstakes Entities have no obligation to acknowledge receipt of or to return any entries received.

WARRANTY AND INDEMNITY: By completing an entry, the Entrant: (i) warrants and represents that he/she has read these Official Rules, is eligible to participate in the Sweepstakes and agrees to be bound thereby; (ii) warrants and represents that all of the information provided in his/her entry is accurate, (iii) warrants and represents that the entry is the original work of the Entrant and will not violate any third party’s legal rights (including without limitation rights of copyright, trademark or other intellectual property right, privacy and/or publicity), and/or any applicable law; (iv) represents and warrants that the entry does not contain any disabling device, virus, worm, back door or other disruptive or malicious code that may or are intended to impair their intended performance or otherwise permit unauthorized access to, hamper, delete or damage any computer system, software, network or data; (v) warrants and represents that his/her entry has not been sold, published or submitted to another promotion; (vi) has obtained proper consent from any third party to appear in the photo and the Entrant and the third party consent to the use of his/her name and/or likeness(es), and/or pictures or likeness(es) by the Sponsor and its respective authorized representatives for promotional purposes in connection with the Sweepstakes (whether online, in print or through any other media now known or hereafter developed) or any other purpose(s), or to choose not to do so, without additional compensation, and unless prohibited by law; and (vii) agrees that, if selected as a prize winner, Entrant will be solely responsible for any and all resulting tax consequences.

Each Entrant further agrees to release and hold harmless Sweepstakes Entities and Released Parties from and against any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any entry. Any entry that does not comply with these Official Rules or that otherwise contained prohibited or inappropriate content as determined by Sponsor, in its sole and absolute discretion, may be disqualified, and if posted on the Website or any websites related to this Sweepstakes, removed therefrom.

By submitting an entry, an Entrant agrees that his/her entry is gratuitous and made without restriction and will not place Sponsor under any obligation and that Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the Entrant. Entrant acknowledges that, by acceptance of his/her entry. 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 the Entrant. Entrant agrees that Sponsor may post the entry on the Website.

By submitting an entry, each Entrant hereby agrees to be bound by these Official Rules.

Further, Entrants understand and agree that, at Sponsor’s sole discretion, entries may be posted to the Website or other websites associated with the Sweepstakes, including Sponsor’s social media channels. Sponsor’s decision to post a photo or any other portion of an entry to its website, Facebook page(s), or other Sponsor’s webpage or social media sites does not mean that the Entrant that submitted the selected photo has been selected as a winning entry.

Except where prohibited by law, by submitting an entry, each Entrant grants to Sponsor a non-exclusive, royalty-free, irrevocable, unconditional, world-wide, license to use, distribute, distribute display, adapt, edit, and/or modify all information and images/photos submitted in any way (including, but not limited to, any commercial or non-commercial purpose) in whole or in part, in any and all media, without limitation, and without further consideration, whether or not such Entrant is selected as a prize winner. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights Entrant is granting to sue the entry. This license expressly includes a right (but not the obligation) for Sponsor to modify entries to remove any third party intellectual property or to remove entries in their entirety.

DRAWING: All eligible entries received during the Sweepstakes Period will be entered into a random drawing, to be conducted on or about March 7, 2017 by the Sweepstakes Administrator. Odds of winning a prize are dependent upon the total number of eligible entries received during the Sweepstakes Period.

PRIZES:
Grand Prize: One (1) grand prize winner (the “Grand Prize Winner”) will be awarded of up to $3,000 of Gladiator GarageWorks products towards a garage makeover (the “Grand Prize”). Grand Prize Winner will be able to select their products up to $3,000. The Grand Prize has a total approximate retail value (“ARV”) of $3,000.

First Prizes: Ten (10) first prize winners (each a “First Prize Winner”) will be awarded a 48” Rack Shelf (the “First Prize”). The First Prize has an ARV of $139.99. Total ARV of all First Prizes is $1,399.99.

Second Prizes: Twenty (20) second prize winners (each a “Second Prize Winner”) will be awarded a GearTrack® Essentials Kit (the “Second Prize”). The Second Prize has an ARV of $29.99. Total ARV of all Second Prizes is $599.80.

Total ARV of all prizes to be awarded is $4,999.79.

PRIZE RESTRICTIONS: For purposes of these Official Rules, the Grand Prize, First Prizes and Second Prizes will be collectively referred to as “Prize(s)” and the Grand Prize Winner, First Prize Winners and Second Prize Winners will be collectively referred to as “Prize Winner(s)”. Limit of one (1) prize per person/household for the entire Sweepstakes. Each Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Exact make and models of prizes will be determined at the Sponsor’s sole discretion. Any taxes imposed on the income of a Prize Winner as a result of winning a prize and all other expenses not specifically mentioned herein as part of the prize are solely the responsibility of the Prize Winner. No transfer or substitution of prize is allowed except at the sole discretion of the Sponsor. There is no cash alternative offered, except at the sole discretion of the Sponsor. In the event that a Prize becomes unavailable at any time, the Sponsor reserves the right to substitute a prize of equal or greater value.

PRIZE NOTIFICATION/CLAIM: Potential Prize Winners will be notified by e-mail or Twitter® and must reply to the notification by the date indicated with the required information in order to start the prize claim process (the “Notification”).

If a potential Prize Winner entered using his/her Twitter® account, the potential Prize Winner will be contacted via direct message. Potential Prize Winner must be following @gladiatorgw and his/her account must be “public” in order to receive the direct message. Then, the potential Prize Winner must respond to the direct message within two (2) days of the message date by replying with the required information to include his/her first name, last name, physical address, city, state, zip, e-mail and date of birth.

If a potential Prize Winner entered using his/her Facebook® account or e-mail, the potential Prize Winner will be contacted via e-mail. Upon receipt of the Notification via e-mail, the potential Prize Winner must respond to the Notification within two (2) days of the Notification date by replying with the required information to include his/her first name, last name, physical address, city, state, zip, e-mail and date of birth.

In the event that a potential Prize Winner fails to respond with the appropriate information for any reason including that: (a) a potential Prize Winner fails to respond due to deactivation of the potential Prize Winner’s Twitter® account prior to receipt of the Notification; (b) a potential Prize Winner’s Twitter® account “protected mode” is set so that the potential Prize Winner’s updates/responses may not be visible; (c) a potential Prize Winner fails to supply all the required information; or (d) any Notification is returned as undeliverable or it is determined by the Sponsor, in its sole discretion, that the potential Prize Winner is not eligible in accordance with these Official Rules, such potential Prize Winner may be disqualified and an alternate Prize Winner will not be selected. All Prize Winners consent to use of his/her name, likeness, biographical information, and voice in advertising worldwide without additional compensation (TN residents will not be required to sign a publicity release as a condition of winning a Prize).

Except where prohibited, potential Grand Prize Winner must sign and return, within the time frame indicated in the Notification, an Affidavit of Eligibility/Liability/Publicity Release and an IRS W-9 Form (the “Paperwork”) in order to claim the Grand Prize. If the potential Grand Prize Winner is unable to provide the Paperwork within the time and date indicated, then that Grand Prize Winner forfeits their right to the Grand Prize and an alternate Grand Prize Winner will be selected from the remaining eligible entries.

The value associated with the Grand Prize is taxable as income and the Grand Prize Winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the respective Grand Prize. The Sponsor must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize Winner and will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of a Form 1099.
GENERAL RULES OF PARTICIPATION: By entering, Entrants agree: (i) to be bound by these Official Rules and all decisions of the Sweepstakes Entities; (ii) to waive any right to claim ambiguity with respect to these Official Rules; (iii) to, where permitted by law, waive all of his or her rights to bring any claim, action, or proceeding against any of the Released Parties in connection with the Sweepstakes and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity, or proprietary rights; (c) typographical or printing errors in these Official Rules or Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize(or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s), request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, fire, war, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute, or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-don, civil disturbance, insurrection, riot, or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes (g) human error; (h) incorrect or inaccurate transcription, receipt, or transmission entry (including, without limitation, registration information or any parts thereof); (i) any technical and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; and (j) interruption or inability to access the Sweepstakes, the Website, or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems.

Without limiting the foregoing, everything regarding this Sweepstakes, include Website and Prize components, 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 exclusions of liability for incidental or consequential damages or exclusions of implied warranties; therefore, some of the above exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

This Sweepstakes is subject to all applicable federal, state and local laws and is void where prohibited. Sweepstake Entities are not responsible for any typographical or other error in the administration of the Sweepstakes.., Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
LIMITATION OF LIABILITY: By participating, Entrants agree to release, discharge, indemnify and hold harmless the Sponsor and other Sweepstakes Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims made by winners, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes.
DISPUTES: This Sweepstakes is governed by, and will be construed in accordance with the laws of the state of New York, and the forum and venue for any dispute shall be in Monroe County. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by JAMS, Judicial Arbitration and Mediation Services, Inc.
PRIVACY POLICY: Any personally identifiable information collected during an Entrant’s participation in the Sweepstakes will be collected by Sponsor or designee and used by Sponsor, Sweepstakes Administrator or their affiliates, designees, agents and marketers for the purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated at WWW.GLADIATORGARAGEWORKS.COM/#PRIVACY-STATEMENT.
PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a Prize, each Entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photo, and/or likeness for Sweepstakes, trade, commercial advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, social media and advertising worldwide, include but not limited to on the internet, without notice, review, or approval and without additional compensation except where prohibited by law.
SWEEPSTAKES ADMINISTRATOR: National Sweepstakes Company, LLC, 80 Rockwood Place, Ste 104, Rochester, NY 14610.
WINNER’S LIST REQUEST: To receive a list of Prize Winners, send a self-addressed, stamped (business size) envelope to: “GameChangers” Winner’s List Request, PO Box 10505, Rochester, NY 14610. Requests will only be accepted after January 9, 2017 and must be received by April 28, 2017. Visit the Website for full Official Rules.
SPONSOR: Whirlpool Corporation, 600 Main Street, Benton Harbor, MI 49022.
This Sweepstakes shall not be published without the written permission of Sponsor.

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