TNAH Contest Rules

 
2019 TNAH 'Beyond the Surface'
Contest Official Rules
CAESARSTONE U.S.A.
TNAH ‘BEYOND THE SURFACE’ SWEEPSTAKES TERMS & CONDITIONS


NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Agreement to Rules: By participating in the TNAH ‘BEYOND THE SURFACE’ Sweepstakes (the “Sweepstakes”) promoted by or associated with the Caesarstone U.S.A, Inc. (“Caesarstone” or “Sponsor”), you agree to these TNAH ‘BEYOND THE SURFACE’ Terms & Conditions (the “Terms & Conditions”), so read them carefully before participating. In addition to the details and requirements for entry, qualification or participation set forth in any Sweepstakes-related materials (including Sweepstakes signage and announcements), participants in the Sweepstakes (each a “Participant”) are bound by these Terms & Conditions and must follow these Terms & Conditions to be eligible to receive a prize in connection with the Sweepstakes. Sweepstakes is also subject to all applicable federal, state and local laws, rules or regulations. Void where prohibited. Caesarstone will determine prize recipient in its sole discretion, subject to verification of eligibility and compliance with these Terms & Conditions and any Sweepstakes-related materials.

2. Eligibility: This Sweepstakes is open only to those who follow @caesarstoneus on Instagram, share their photographs and/or videos on Instagram using #CSbeyondthesurface and #Sweepstakes and tag @caesarstoneus. The Sweepstakes is only open to legal United States residents who are at least 18 years of age (or legal age of majority in applicable jurisdiction) as of the date of entry and is void where prohibited by law. Employees of Caesarstone, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees, whether or not related, are not eligible to participate in the Sweepstakes.

3. Sweepstakes Period: Entries will be accepted online starting on February 19, 2019 at 6:30pm EST and ending February 20, 2019 at 6:30pm EST. All online submissions must be received by ending February 20, 2019 at 6:30 pm EST.

4. How to Enter: The Sweepstakes must be entered by sharing photographs and/or videos on Instagram using #CSbeyondthesurface and #Sweepstakes and tagging @caesarstoneus. The submission must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Submissions that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Caesarstone. There is no limit on number of entries per person . If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Caesarstone USA.

Instagram Entry: To enter via Instagram, you will need a mobile device (e.g., mobile phone or tablet) that can access the internet and uses either the Apple or Android platform. Additionally, individuals will need to download the Instagram application from their mobile device’s app store and sign-up for an Instagram account (“Instagram Account”). Creating an Instagram Account is free. By submitting your information and creating an Instagram Account, entrants will be required to agree to the Instagram terms of service and privacy policy.

If your Instagram Account is set to “protected mode” or “private”, your updates/responses may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Sweepstakes. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Messages not received by Sponsor will not be entered into the Sweepstakes.

MOBILE DISCLOSURE: If you opt to use your wireless mobile device in connection with the Sweepstakes, depending on your phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes.

5. Prizes: The 3 Winners of the Sweepstakes (the “Winners”) will each receive a Microsoft Surface Go. ARV of each prize: $399.00. ARV of all prizes: $1,197.00.

Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Caesarstone. No cash or other prize substitution shall be permitted except at Caesarstone’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner Selection and Notification: Winners will be randomly selected under the supervision of Caesarstone. Winner will be notified by Instagram Direct Message within five (5) days following selection of Winner. Caesarstone shall have no liability for Winner’s failure to receive notices due to privacy settings. If Winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT CAESARSTONE‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Caesarstone website. To read the Privacy Policy, click here or visit caesarstoneus.com/privacy-policy/.

9. Winners List: To obtain a copy of the Winners names or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Caesarstone US, Attn: Jackie Cooper, 1401 West Morehead Street, Charlotte, NC 28208, United States. Requests must be received no later than March 31, 2019 at 11:59 PM EST.

10. Each Winner grants to Caesarstone and its respective designees the right to publicize his/her name, address (city and state/territory/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.

11. Limitation of Liability: By participating in the Sweepstakes and/or accepting a Prize, You agree to waive any and all claims against, and release, Caesarstone, Instagram, Inc. and each of their affiliates, and their employees, officers, directors, agents, members, representatives, licensees, retailers and trustees, and any and all other companies associated with the foregoing entities (collectively, “Released Parties”) for any liability, injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Sweepstakes or from receipt or use of any Prize or any travel or activity related to the Sweepstakes or Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. Caesarstone and the other Released Parties undertake no liability or responsibility and make no warranties (express or implied) with respect to (i) the performance (including without limitation merchantability or fitness for a particular purpose) or value of the Prize awarded or the Sweepstakes, (ii) failure to perform or negligent performance by any service provider, or (iii) any other liability, loss, risk, incident or damage relating to or arising from the Sweepstakes, the conduct of Participants or any Prize. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

12. Caesarstone reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Caesarstone’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Caesarstone may select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Caesarstone. Caesarstone reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. Caesarstone has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Caesarstone reserves the right to seek damages to the fullest extent permitted by law.

13. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Released Parties in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of California. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Los Angeles County, California, and You expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

14. The invalidity or unenforceability of any provision of these Terms & Conditions will not affect the validity or enforceability of any other provision. In the event that any portion of any provision of the Terms & Conditions is determined to be invalid or otherwise unenforceable or illegal, such portion shall be severed from this agreement, and the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Participants agree to waive any rights to claim ambiguity of these Terms & Conditions. Caesarstone’s waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of the Caesarstone’s right to require strict observance of each of the terms herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on an applicable website and/or the terms and conditions of the Terms & Conditions, the Terms & Conditions shall prevail, govern and control and the discrepancy will be resolved in Caesarstone’s sole and absolute discretion. Caesarstone reserves the right to modify these Terms & Conditions for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. In the event that the Sweepstakes is challenged by any legal or regulatory authority, Caesarstone reserves the right to discontinue or modify the Sweepstakes, or to disqualify Participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Participants who are disqualified due to such an action.

15. Sponsor: Caesarstone US, Attn: Jackie Cooper, 1401 West Morehead Street Suite #100, Charlotte, NC 28208.

The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram. You are providing information to Sponsor and not to Instagram.