These Terms of Use govern your conduct associated with the Customer Review Survey and Photo Submission opportunity for Adjust-A-Grate, known as the Customer Response Toolkit. To the extent of any conflict between Adjust-A-Grate’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the Customer Response Toolkit.
By submitting any content to Adjust-A-Grate, Inc, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old;
- use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Adjust-A-Grate (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Adjust-A-Grate a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Adjust-A-Grate’s sole discretion. Adjust-A-Grate reserves the right to change, condense or delete any content on Adjust-A-Grate’s website that Adjust-A-Grate deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Adjust-A-Grate does not guarantee that you will have any recourse through Adjust-A-Grate to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business weeks. However, Adjust-A-Grate reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Adjust-A-Grate, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Adjust-A-Grate, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
Adjust-A-Grate may require you to provide certain information or data in order to submit a review. By submitting a review, you agree and consent to Adjust-A-Grate’s promotional use and display (whether online or offline) of all such information or data you provide with, or as part of, your review (including, but not limited to, any name, user name, screen name or other identifier, and any age, location, or other personal information you choose to provide).
By submitting your email address in connection with your rating and review, you agree that Adjust-A-Grate and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
OFFICIAL RULES
QUARTERLY $50 VISA GIFT CARD GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: The Quarterly $50 Visa Gift Card Giveaway (“The Giveaway”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age at the time of entry (the “Entrant”). Employees, officers and directors of Adjust-A-Grate, Inc. (“Sponsor”), or its subsidiaries, affiliates, divisions, agents, or advertising or promotion agencies, and any other person or entity involved with the design, production, execution, or distribution of the Contest and any immediate family member (or person living in the household) of any of the foregoing (collectively the “Contest Parties”) are not eligible to participate or win. The Giveaway is subject to all applicable federal, state and local laws. Except as otherwise provided in these Official Rules, the information each Entrant provides will only be used for The Giveaway administration purposes.
The giveaway is also governed by the Sponsor’s Privacy Policy, through these Official Rules will govern any conflict between the Privacy Policy and these Official Rules.
HOW TO ENTER: The Giveaway runs quarterly. There are two (2) ways to enter The Giveaway: (i) visit https://adjustagrate3.wpengine.com/install and select the customer feedback survey link. Then, follow the directions provided to submit your review and upload a photo to receive one (1) entry (the “Entry”) for that quarter into The Giveaway, if Sponsor deems that all submission requirements have been satisfied; (ii) send an email with Subject Line, “Customer Review” to support@grate.com with your review and attached photo(s) to receive one (1) Entry for that quarter into the giveaway, if Sponsor deems that all submission requirements have been satisfied; (iii) on a 3″ x 5″ card, legibly handprint or type your first name, last name, mailing address, city, state, zip code, telephone number (including area code), year of birth, and mail your 3” x 5” card in a business size envelope to Adjust-A-Grate 843 Hog Back Drive, Golden, Colorado 80228, Attention: User Generated Content Team to receive one (1) Entry for that quarter into the Giveaway period, if Sponsor deems that all submission requirements have been satisfied. Entries with incomplete or erroneous information, entries generated by script, macro or other automated or mechanical means and entries made by any means which subvert the entry process are void.
REQUIREMENTS OF SUBMISSIONS: Submission (including photos) may not contain, as determined by Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or profane or pornographic, or contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is obscene or offensive, or endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or other intellectual property owned by others, without proper permission, or contains any personal identification, such as license plate numbers, street addresses, personal names or e-mail addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without proper permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities or other public or private figures, living or dead, without proper permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images or good will of Sponsor; or,
- violates any law.
MISCONDUCT: The Sponsor reserves the right, at its sole discretion, to disqualify any Entrant who (i) tampers with the Entry process or the operation of The Giveaway; (ii) acts in an unsporting or disruptive manner, or with intent to annoy or harass another person; or (iii) is otherwise in violation of these Official Rules or the Privacy Policy. Any attempt by an Entrant to commit any of the acts of misconduct set forth in this section may be a violation of civil and/or criminal law, and the Sponsor reserves the right to seek damages from such Entrant to the fullest extent permitted by law.
REPRESENTATIONS: By entering The Giveaway, each Entrant represents and warrants to the Sponsor that: (i) the Entrant meets all eligibility requirements of The Giveaway; (ii) the Entrant is the Authorized Account Holder of the e-mail address listed in the Entry; (iii) in preparing the Entry and participating in The Giveaway, the Entrant has complied in all respects with these Official Rules, the Privacy Policy, and all applicable statutes, orders, regulations, and other laws; and (iv) the Entry consists entirely of the Entrants own original work in which the Entrant holds all necessary rights, including without limitation copyrights, trademark rights, and rights of publicity.
By submitting an Entry, Entrant hereby grants permission, and covenants, represents and warrants that such Entrant has all releases and consents necessary to grant such permission for the review and any accompanying photos to be posted on www.grate.com or any other Adjust-A-Grate owned or controlled websites and/or social media channels other websites, including, but not limited to, Facebook, Twitter, Instagram and/or Pinterest (“Social Media Sites”). As such, each Entrant agrees to be subject to the terms of service and/or privacy policy of such Social Media Site. Each Entrant further agrees that Sponsor is not responsible, nor shall Sponsor provide notice to such Entrant of any changes to the terms of service and/or privacy policy of such Social Media sites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of photos by third parties. Released Parties do not guarantee the posting of any review and/or photo and may remove a posted review and/or photo at any time.
HOW TO WIN: Potential winners for each quarterly Giveaway will be selected in random drawings held on or about the 1st business day of the following quarter from among all eligible entries received during such month. There will be one (1) winner selected per quarter. Non-winning Entries from one Giveaway drawing will not carry over to subsequent Giveaway drawing in the following month. Odds of winning a Giveaway drawing depend on the number of eligible Entries received.
WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Giveaway. Potential winners will be notified by mail, phone, and/or e-mail and potential prize winners may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) calendar days of date of issuance. If such documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the applicable drawing.
PRIZES: One winner each quarter shall receive one (1) Visa gift card valued at $50.00.
PRIZE CONDITIONS: Winners may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize with one of comparable or greater value. Winners are solely responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Prize award is subject to verification of eligibility and compliance with these Official Rules.
LICENSE/USE OF ENTRY CONTENT: For any content that you submit in connection with the Entry, including photos, you grant Sponsor a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, illegible, incomplete, inaccurate, stolen, misdirected, delayed, postage-due mail, garbled or undelivered Entries, and photos for network, server, Internet Service Provider (ISP), website, or other connections, computer, satellite, telephone or cable transmissions or lines, or computer hardware or software, or other equipment failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, typographical, printing or otherwise relating to or in connection with The Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of The Giveaway, the processing of Entries or photos, the announcement of the prizes or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in The Giveaway. Released Parties are not responsible for injury or damage to any persons computer related to or resulting from participating in The Giveaway or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of The Giveaway or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of The Giveaway be, in Sponsor’s sole opinion, compromised by viruses, worms, bugs, non-authorized intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, or in the event The Giveaway is unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to terminate The Giveaway and, if terminated, at its discretion, select the potential winners in a random drawing from among all eligible, non-suspect Entries received prior to action taken. Each Entrant, by participating, and winners, by accepting a prize, agree that Sponsor, and its respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and such Entrant and winner will release, discharge, defend and hold Released Parties harmless from and against, any and all liabilities, injuries, losses or damages of any kind, including death to persons, or damage to property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize, or participation in The Giveaway. Each Entrant and winner, except where legally prohibited, grants permission for Sponsor and its designees to use winner’s name and address (city and state) and an associated entry, photo, photo, voice and other likeness and prize information for programming, publicity, advertising, trade and promotional and other purposes without further compensation, in all media now known or hereafter discovered, worldwide and on the Internet and in perpetuity, without notice, inspection, review or approval and without restriction as to frequency of use or additional consents from Entrant, winner or any third party. Entrant and winners agree to execute specific consents to enable Sponsor to pursue and protect its rights hereunder. Entrants and winners also agree not to release any publicity or other materials on their own or through someone else regarding their participation in The Giveaway without the prior consent of Sponsor, which Sponsor may withhold in its sole discretion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION: Except where prohibited by law, as a condition of participating in The Giveaway, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with The Giveaway, or prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys fees, other than Entrants actual out-of-pocket expenses (i.e., costs associated with participating in The Giveaway), and Entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with The Giveaway, shall be governed by, and construed in accordance with, the internal substantive laws of the State of Colorado, USA.
REQUEST FOR WINNER’S NAMES: For the names of the winners, send a self-addressed, stamped, envelope to: Quarterly $50 Visa Gift Card Giveaway, C/O Adjust-A-Grate Inc., 843 Hog Back Drive, Golden, CO for receipt.
SPONSOR: Adjust-A-Grate. Inc., 843 Hog Back Drive; Golden, CO 80403