NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION: The Commemorative Brick Giveaway (the “Sweepstakes”), is sponsored by Acme Brick Company, @acmebrick (“Sponsor”), and starts on September 30, 2021 at 10:00 am Central Daylight Time (“CDT”) and ends on October 6, 2021 at 11:59 PM CDT ("Sweepstakes Period"). Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes.
2. ELIGIBILITY: To qualify and be eligible to win, the entrant must agree to the enforceability of these Official Rules and be a legal resident of the lower forty-eight (48) contiguous states of the United States or the District of Columbia, who has reached the age of majority in the state of their residence at the time of entry, which is 18 years of age in all except Alabama and Nebraska, which is 19, and Mississippi, which is 21. Officers, employees, and associates of Acme Building Brands, Inc. and its subsidiaries and promotional agencies, and their immediate families (e.g., parent, child, spouse or sibling and any of their respective spouses and children, regardless of where they reside) and any others living in their households, whether or not related, are not eligible to enter or win the Sweepstakes. By participating, entrants agree to be bound by these Official Rules and the decisions and interpretations of the Sponsor, which shall be binding and final on all matters relating to this Sweepstakes. Sweepstakes is subject to all applicable federal, state and local laws. Except as otherwise provided by such laws, the laws of the State of Texas shall be binding, and all entrants agree to submit to the laws and jurisdiction of the State of Texas, with venue in Tarrant County, Texas.
3. TO ENTER: During the Sweepstakes Period, entrants must fulfill all Sweepstakes requirements, as specified on the social media post shared on September 30, 2021 at www.instagram.com/acmebrick/, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. If the guidelines require you to make an action on a social platform you are not currently apart of, you must join. All online entries must complete all of the steps provided above before 11:59 PM CDT on October 6, 2021 to be eligible. Limit one (1) entry per person for the duration of the Sweepstakes Period. Multiple entries received from any person or Platform, after the first entry received from that person or Platform will be void and not accepted as a valid entry. Entries generated by script, macro or other automated means or means which subvert the entry process will also be void and not accepted as a valid entry.
To participate in the Sweepstakes, you must have a non-private Instagram and Facebook account. If you do not have an Instagram and Facebook account, download the application to your mobile device or go to www.instagram.com and www.facebook.com and create an account according to their instructions. Creating an account is free, but you may be asked to agree to the terms of service and privacy policy of their platform. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor and not Instagram or Facebook. If you choose to enter using your mobile device, standard data fees may apply. See your wireless provider for pricing plan details.
4. REQUIREMENTS OF ENTRIES: Any comment, tags or other content (“Content”) submitted in connection with the Sweepstakes: (i) must correctly identify the entrant; (ii) may not include any exaggerated product claims or criticisms of third party products; (iii) may not be inappropriate, libelous, defamatory, or invade the rights or privacy of any person, living or deceased, ; (iv) must not be offensive, harassing, abusive, threatening, harmful, vulgar, profane, pornographic, obscene, violent, or of a similar nature; (v) may not be objectionable or offensive in any way toward any particular race, ethnicity, religion, gender, sexual orientation or otherwise; (vi) may not violate or encourage others to violate any applicable federal, state or local law, statute, ordinance or regulation; (vii) may not plagiarize or infringe upon any person’s personal or property rights; and (viii) may not contain commercial or corporate advertising, including but not limited to the use of any trade names, trademarks, logos, brand names, and slogans, other than those relating to Sponsor. The propriety and compliance of any Content with these requirements shall be determined by Sponsor, in its sole discretion. Any Content found to be in violation of these requirements or any other Official Rules will be disqualified, not accepted as a valid entry, and removed from the Sweepstakes.
5. PERMISSION: By submitting a Sweepstakes entry, entrant hereby grants Sponsor permission to use the entrant’s name, Sweepstakes entry or Content to be posted on the branded websites or social platforms of Sponsor and its affiliates. Entrant agrees that Sponsor, its parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective directors, officers, employees, representatives and agents (collectively, “Released Parties”) are not responsible for any unauthorized use of Sweepstakes entries by third parties that copy Content without entrant’s express consent. Released Parties do not guarantee the posting of any Sweepstakes entry. Entrants agree not use the Sweepstake or their entry for any other purpose, including, without limitation, posting to any other online social networks, without the express consent of Sponsor in each instance.
6. DRAWING: A single winner will be selected through a random drawing (“Drawing”) or an anonymous voting process, held on or about October 13, 2021 from all eligible and valid entries that have complied with the Official Rules and requirements that were received by Sponsor during the Sweepstake Period. There will only be on prize awarded during this Sweepstakes Period.
7. WINNER NOTIFICATION: The potential winner will be notified on or about October 13, 2021 on Platform of entry. If user has enabled direct messaging on the Platform, potential winner will be notified via direct message on the Platform from Sponsor. If potential winner does not have direct messaging enabled, the potential winner will receive prize notification by the posting of the name of the winner on Sponsor’s Platform pages and/or website after the notification date. The potential winner may be required to execute and return an affidavit of eligibility, a release of liability of the Released Parties, and where lawful, a publicity release within seven (7) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact the potential winner, potential winner does not respond to Sponsor’s communication within seventy-two (72) hours from time of contact for any reason, or a potential winner is not in compliance with these Official Rules, then the prize will be forfeited by that potential winner and, at Sponsor’s discretion, presented to an alternate winner. Up to three (3) alternate winners may also be selected by Drawing or an anonymous voting process. In the event none of the alternates can be contacted or awarded the Prize, as provided above, the Prize will remain un-awarded.
8. PRIZE: The Prize consists of an limited edition Champion Red Commemorative Brick in box. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Entrants expressly waive and release Sponsor from any warranties or guarantees, express or implied, including, without limitations, any implied warranties under provided in any state or federal law (e.g., workmanship, merchantable, fit for particular purpose, redhibition, or otherwise). Potential winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winner is 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. The Prize may be picked up by winner, with appropriate identification, at the nearest sales office of the Sponsor or, at Sponsor’s discretion, be shipped to the winner to a location within the lower forty-eight (48) contiguous states or the District of Columbia of the United States, designated by the winner.
9. GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, invalid, inaccurate, misdirected, undelivered, entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes 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 Sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Sponsor’s websites or Platforms. Persons who tamper with or abuse any aspect of the Sweepstakes or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void and not eligible to win. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by, any unauthorized human, internet or computer intervention (e.g., hacking, virus, worms, etc.) or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries or Sweepstake, then Sponsor reserves the right to suspend, modify or terminate the Sweepstakes, at its sole discretion, and, if terminated, select the potential winner from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor, all of which are within its sole discretion. By entering or participating in Sweepstakes, entrants agree that “Released Parties” will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, to persons, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of Prize or participation in this Sweepstakes. Except where legally prohibited, by accepting Prize, winner grants permission for Sponsor and its designees to use winner’s name and prize information for promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
10. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS 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 DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstake, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the Consumer Arbitration rules of the American Arbitration Association (“AAA”) and held at a AAA l office in or near Fort Worth, Texas; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (3) the arbitration shall be heard before a single qualified arbitrator, licensed to practice law in Texas; (4) the arbitrator shall issue a written and reasoned award, within thirty (30) days of the final hearing; and (5) judgment upon such arbitration award may be entered in any court having jurisdiction. In the event that arbitration under this provision is ruled unenforceable by any court of competent jurisdiction, then the parties agree to the waiver of any jury trials and all issues of law and fact shall be determined by the court, without the aid of a jury, subject to the provisions of these Official Rules and Sponsor’s discretion provided in these rules. Any award or claim for punitive, incidental, consequential, indirect, lost profit or similar damages, including attorneys' fees are waived by entrant or anyone participating in Sweepstake, except for the actual out-of-pocket expenses or costs associated with participating in Sweepstake, if any, and participant further waives all rights to have damages multiplied or increased.
12. USE OF DATA: Sponsor may be collecting personal data about entrants online, in accordance with its privacy policy. Please review the privacy policies of the Platforms and Sponsor at brick.com. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
13. WINNER'S LIST: For the names of the winner (available after October 13, 2021), send a self-addressed stamped envelope to Sponsor’s address.
14. SPONSOR: Acme Brick Company, Attn: Marketing Department, P.O. Box 425, Fort Worth, Texas 76101-0425