Sweepstakes Terms of Service

Thank You For Entering the Epoxy Floor Experts $5,000 Epoxy Floor Giveaway Sweepstakes

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.  Void where prohibited by law, rule, or regulation.  Subject to all federal, state, and local laws, regulations, and ordinances.  Sweepstakes begins on June 10, 2024 at 12:00:01 a.m. Eastern Time (“ET”) and ends on August 10, 2024 at 11:59:00 p.m. ET (the “Sweepstakes Period”).  Epoxy Floor Experts’s computer is the official time keeping device for this Sweepstakes.  THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC.

1. ELIGIBILITY: Free Garage Floor Giveaway (the “Sweepstakes”) is open to entrants who are (i) 18 years of age or older at the time of entry; (ii) legal residents of Pennsylvania; and (iii) own their home, which home (a) is in a Epoxy Floor Experts service area where Epoxy Floor Experts is licensed to perform work, and (b) is in a suitable condition (as determined by Epoxy Floor Experts or its designees) for home improvement services and installation (e.g., plumbing and electric in compliance with local building codes and regulations; no water, mold, or structural damage; no hazardous substances). Any waterproofing, remediation, or other conditions or repairs necessary for proper installation (as deemed by Epoxy Floor Experts or its designees in their sole discretion) must be performed at prize winner’s expense prior to installation/performance of services. Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes and which Sponsor may decide in its sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. SPONSOR: Epoxy Floor Experts, 57 St James St, Schuylkill Haven, Pennsylvania 17972.
3. HOW TO ENTER: During the Sweepstakes Period, participants can enter by (i) going to https://epoxyfloorexperts.com/epoxy-floor-giveaway-sweepstakes/ and completing and submitting an online entry form; or (ii) by mailing the entry form back to Epoxy Floor Experts at 57 St James St, Schuylkill Haven, Pa 17972. Alternatively, you may print your name, your complete mailing address, and your email address on a 3” x 5” card, write the words “$5,000 Epoxy Sweepstakes” at the top, and mail the card to Epoxy Floor Experts at 57 St James St, Schuylkill Haven, Pa 17972. Mailed entries must be postmarked at least seven (7) days before the end of the Sweepstakes Period to be eligible to win.

You must provide all required information to be eligible to enter and win.  All potential winners are subject to verification before any prize will be awarded.  Epoxy Floor Experts is not responsible for any illegible, incomplete, misplaced, damaged, or late entries.  The address listed on each entry form must be the address where any product will be installed or where any services are provided.

LIMIT ONE (1) ENTRY PER HOUSEHOLD.  ADDITIONAL ENTRIES MAY BE DISQUALIFIED.  Automated or bulk entries or entries submitted by third parties may be disqualified.  Any attempt by any participant to obtain more than the stated number of entries by using multiple or different identities, forms, or any other methods will disqualify that participant’s entries, and that participant or entries may be disqualified.  Multiple participants are not permitted to share the same email address. Potential winners may be required to show proof of being the authorized title holder to the winning home to the Sponsor or forfeit the prize.  Entries specifying an invalid, non-working, or inactive email address will be disqualified. Incomplete, illegible, corrupted, or untimely entries will be disqualified.

1. SELECTION OF WINNER: On or about August 10, 2024, Sponsor will select the name of one (1) potential prize winner in a random drawing from among all entries received. The odds of winning the prize are determined by the number of entries received. The potential winner will be notified by telephone and email within 15 days of the drawing.

Except where legally prohibited, the potential prize winner must sign and return, within seven (7) days of being notified, an affidavit or declaration of eligibility and liability/publicity release to claim his/her prize.  If a potential winner cannot be contacted in person via email or telephone after the first attempt to contact him/her, or if he/she fails to sign and return the affidavit or declaration of eligibility and liability/publicity release or any other documentation that Sponsor may require, in its sole discretion, within the stated time period, or in the event that the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries.  If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award the prize.

Verification of Potential Winners:  ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.  A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

1. PRIZE: There will be one (1) prize awarded. The prize winner will receive a credit toward Epoxy Floor Experts epoxy floor garage products and installation services, to be selected by the prize winner. Approximate Retail Value (“ARV”) of the prize: $5,000.  Total ARV of all prizes to be awarded:  $5,000.

PRIZE RESTRICTIONS: Liability for any and all applicable taxes, including all federal, state, and local taxes and/or other fees that may apply to the prize are the sole responsibility of the prize winner. Any required tax reporting forms must be furnished by winner to the Internal Revenue Service.

The area of install can not exceed a total square footage of 450 square feet. If a participant is chosen and has an area of install greater than 450 square feet they will have to forfeit the prize and have the sponsor redraw for a prize winner, or pay the difference of their install area minus the 450 square feet.

Any costs associated with any Epoxy Floor Experts product or service provided to winner in excess of the value of the prize shall be the sole and exclusive responsibility of winner. The prize is not transferable and must be installed, provided, or rendered for the address listed on the winning entry form.  Installation must be provided by Epoxy Floor Experts personnel or Epoxy Floor Experts’s designee.  The prize is subject to availability and may be subject to blackout dates and supplier limitations.  Installation is subject to the terms and conditions of Epoxy Floor Experts’s standard installation guidelines.  Acceptance of prize may require entering a standard contract or purchase order for the goods and services to be provided.  All expenses not specifically provided for are the sole responsibility of the prize winner.  Except as otherwise stated herein, no substitution in prizes or cash will be allowed except by Epoxy Floor Experts, who may substitute a prize of equal or greater value in its sole or absolute discretion.  The prize winner must schedule the installation/prize delivery no later than one (1) month following the award of the prize and installation/delivery must occur and be completed within six (6) months of confirmed notification, unless Epoxy Floor Experts is unable to meet those deadlines, in which case Epoxy Floor Experts will perform the installation when feasible.

The prize winner must comply with all instructions in the prize notification correspondence and complete an affidavit or declaration of eligibility and liability/publicity release, and return such within the timeline specified by Epoxy Floor Experts, as well as have met all of the eligibility requirements set forth within these Official Rules; otherwise, the prize will be forfeited and an alternate winner will be selected. Acceptance or use of the prize constitutes permission for Epoxy Floor Experts and its affiliates to use prize winner’s name and likeness for advertising and promotional purposes without compensation, unless otherwise prohibited by law.

1. GENERAL CONDITIONS: Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor and its agents are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions, or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.

Sponsor reserves the right to modify or terminate this Sweepstakes at any time or disqualify any entry in good faith.  In the event of a dispute concerning the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the winning home is titled.  Further, Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) terminate the Sweepstakes and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

1. LIMITATION OF LIABILITY AND RELEASES; PUBLICITY: BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE TO RELEASE, DISCHARGE, AND HOLD HARMLESS Epoxy Floor Experts, ITS AFFILIATES, VENDORS, SUPPLIERS, AGENCIES, CONSULTANTS, MARKETING PARTNERS, FACEBOOK, AND THEIR RESPECTIVE OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (“RELEASED PARTIES”) FROM ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, USE, MISUSE, OR POSSESSION OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIM BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE OR SERVICES DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR.  BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, 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 EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

1. DISPUTES: By entering the Sweepstakes, participants agree that any and all disputes, claims, or controversies (hereafter referred to as a “Claim”) arising under or relating to this Sweepstakes, including the validity or enforceability of this arbitration provision, shall be subject to binding arbitration to be determined by one arbitrator, in accordance with and pursuant to the then prevailing Consumer Rules of the American Arbitration Association (“AAA”), to be held and arbitrated in the judicial district in which the participant lives at the time of entering the Sweepstakes or telephonically if the parties agree. Participant expressly agrees to refrain from bringing or joining any Claims in any representative or class-wide capacity, including but not limited to bringing or joining any Claims in any class action or any class-wide arbitration. For the avoidance of doubt, all Claims arising under the Telephone Consumer Protection Act and state telemarketing laws shall be considered “Claims” that are subject to resolution by binding individual, confidential arbitration.

The findings of the arbitrator shall be final and binding on all parties.  Each party shall be responsible for its own fees and costs.  This agreement to arbitrate, and any award or verdict, will be specifically enforceable under the prevailing law of any court having jurisdiction.  Notice of the demand for arbitration will be filed by the party asserting the Claim with AAA.  The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations.  Any arbitration proceeding and any award or decision shall remain confidential between the parties and shall not be made public.

PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT PARTICIPANT WOULD HAVE HAD A RIGHT TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, PARTICIPANT UNDERSTANDS AND CHOOSES TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. If an arbitrator or court of competent jurisdiction decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.

PRIVACY: Information collected from participants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.epoxyfloorexperts.com/privacy-policy/. Sponsor may use participants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Further, by submitting an entry on https://www.epoxyfloorexperts/landing/sweepstakes, participant provides prior express written consent to be contacted from or on behalf of Epoxy Floor Experts with informational and marketing messages, by telephone and text message, including those delivered via automated telephone dialing system, prerecorded messages, text messages, SMS, and MMS, at the phone number provided on the entry form, including on landlines and wireless numbers, even if the phone number is on a corporate, state or national Do Not Call list.  To enter the Sweepstakes without providing consent to receive marketing telephone calls and messages, mail the entry form to Epoxy Floor Experts at 57 St James St, Schuylkill Haven, Pa 17972.  Participants may revoke this consent at any time by contacting Epoxy Floor Experts at sweepstakes@epoxyfloorexperts.net.

OFFICIAL ULES AND WINNERS LIST: For a copy of the Official Rules, visit https://epoxyfloorexperts.com/epoxy-floor-giveaway-sweepstakes/sweepstakes-terms-of-service/. For a winners’ list, mail a self-addressed, stamped envelope within thirty (30) days following a Sweepstakes Period to Epoxy Floor Experts, 57 St James St, Schuylkill Haven, Pa 17972, including a request for the winners’ names.

Treasury Regulation § 1.74-1 Prizes And Awards.

1.74-1(a)
Inclusion In Gross Income.

1.74-1(a)(1) Section 74(a) requires the inclusion in gross income of all amounts received as prizes and awards, unless such prizes or awards qualify as an exclusion from gross income under subsection (b), or unless such prize or award is a scholarship or fellowship grant excluded from gross income by section 117. Prizes and awards which are includible in gross income include (but are not limited to) amounts received from radio and television giveaway shows, door prizes, and awards in contests of all types, as well as any prizes and awards from an employer to an employee in recognition of some achievement in connection with his employment.

1.74-1(a)(2) If the prize or award is not made in money but is made in goods or services, the fair market value of the goods or services is the amount to be included in income.

1.74-1(b)
Exclusion From Gross Income Section 74(b) provides an exclusion from gross income of any amount received as a prize or award, if (1) such prize or award was made primarily in recognition of past achievements of the recipient in religious, charitable, scientific, educational, artistic, literary, or civic fields; (2) the recipient was selected without any action on his part to enter the contest or proceedings; and (3) the recipient is not required to render substantial future services as a condition to receiving the prize or award. Thus, such awards as the Nobel prize and the Pulitzer prize would qualify for the exclusion. Section 74(b) does not exclude prizes or awards from an employer to an employee in recognition of some achievement in connection with his employment.

1.74-1(c)
Scholarships And Fellowship Grants See section 117 and the regulations thereunder for provisions relating to scholarships and fellowship grants.