NAME OF PROMOTION: Material Bank “Material Desk Palettes” Promotion (this “Promotion”)
SPONSOR: This Promotion is sponsored and administered by Material Technologies Corporation, a Delaware corporation dba Material Bank (the “Sponsor”).
ELIGIBILITY: To be eligible, an entrant must be: (a) a registered Material Bank user; (b) at least 21 years of age; and (c) a legal resident of the 50 United States or District of Columbia (an “Eligible Entrant”). Employees of the Sponsor and its Affiliates (as herein defined) and their immediate family members and/or those living in the same household are not eligible. By participating in this Promotion, all entrants agree to be bound by these Official Rules and agree that decisions of the Sponsor will be final and binding in all respects.
HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. Registration begins September 21, 2020 at 12:00:01am ET and ends September 27, 2020 at 11:59:59pm ET (the “Promotion Period”). During the Promotion Period, all Eligible Entrants are invited to participate by submitting a Material Desk Palette, created on Material Bank, to contests@materialbank.com by either downloading the palette and emailing the file, or by using the share feature in Material Desk to submit the palette (a “Palette Submission”). To qualify, the Palette Submission must contain the entrant’s work product within the palette. Up to five (5) Palette Submissions per person will be accepted in this Promotion, however a participant is only able to win once. Any effort by an Eligible Entrant to misrepresent him/herself through the use of aliases or multiple e-mail addresses will disqualify that entrant entirely from receiving an Award. All Palette Submissions must be received electronically as set forth above; no physical submissions will be accepted.
SUBMISSIONS; ENTRANT’S REPRESENTATIONS AND WARRANTIES AND COVENANTS: All Palette Submissions (as herein defined) become the property of the Sponsor upon submission. Each entrant hereby grants an irrevocable, perpetual, worldwide non-exclusive license to the Sponsor (and any of its corporate affiliates, and its advertising and promotion agencies (collectively, its “Affiliates”) to reproduce, distribute, display, perform, create derivative works, and otherwise use, including without limitation, by printing, publishing or broadcasting (collectively, “Use”) this Palette Submission including any photos, renderings, written content and other materials included in the Palette Submission, and permits and consents to the extent allowable under applicable law, the Sponsor (and any of its Affiliates) use of each Promotion participant’s name, palette, portrait, picture, voice, likeness and biographical information, place of work and job title in connection with this Promotion and promotion of this Promotion, in any media now or hereafter known, for no additional compensation. Each entrant waives all moral rights in the Submission Content and further consents to Sponsor (or its Affiliates) altering or editing the content and publishing the content with or without name credit and with or without the entrant’s place of work and job title at Sponsor’s sole discretion. By participating in this Promotion, each entrant represents and warrants: (a) the entrant has full rights (either ownership or licensed use with sublicense authority) to all Submission Content; (b) Sponsor’s (or any of its Affiliates’) subsequent Use of Submission Content as described herein will comply with all applicable legal requirements, and does not violate any third party’s intellectual property rights or any contractual obligations of entrant or creator(s); (c) any third parties entitled to payments or similar rights with respect to Submission Content have been fully compensated by entrant for entrant’s use and Sponsor’s (or any of its Affiliates’) Use as described herein; and (d) if a Promotion submission includes any image that contains a person other than the entrant, the entrant has obtained an appropriate release from such person of any claims for libel or any right of publicity or privacy in connection with the Use of the image by Sponsor (or any of its Affiliates).
DEFECTIVE SUBMISSIONS: Incomplete, or other technically deficient, Promotion Registrations (including a failure to fully complete all required information) will be void. The Sponsor is not responsible for incorrect or inaccurate entry of information by entrants; lost Promotion Registrations; interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants’ systems.
AWARDS: Upon completing the Promotion Registration, Eligible Entrants will receive one (1) entry in a drawing to win one (1) of ten (10) Amazon gift cards of $100 (the “Award”). Each recipient (“Award Recipient”) may receive a maximum of one (1) Award under this Promotion. Additional terms and conditions appearing on the Gift Card may be imposed by card merchant. The odds of winning an Award will depend upon the number of eligible entries received and are subject to the selection of the winning entry as described in these Official Rules.
WINNERS: The name of Award winners may be obtained at the conclusion of the Promotion, and for a period of up to 60 days thereafter, by sending a first class stamped, self-addressed envelope to: Material Technologies Corporation, 3651 NW 8th Avenue, Boca Raton, FL 33431. Attn.: Elsie Gilmore.
AWARD WARRANTIES: Each Award Recipient acknowledges that the Sponsor, its Affiliates, and their respective agents do not make, nor are in any manner are responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of an Award.
AWARD RESTRICTIONS; TAXES: Any and all applicable federal, state, and local taxes are the sole responsibility of an Award Recipient. Awards cannot be substituted, assigned or transferred.
GENERAL CONDITIONS: THIS PROMOTION IS VOID WHERE PROHIBITED. This Promotion is void where prohibited by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be: attempting to tamper with or undermine the submission process, and/or the legitimate operation of this Promotion; violating these Official Rules; or acting in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person with respect to this Promotion. The determinations of the Sponsor in this regard are final and binding.
RELEASE; LIMITATIONS OF LIABILITY; AND INDEMNIFICATION: BY PARTICIPATING IN THIS PROMOTION EACH ENTRANT AGREES THAT THE SPONSOR, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS AND LEGAL COUNSEL, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED ENTITIES”), WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY INJURIES, DAMAGES, OR LOSSES (DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE), AND SHALL BE HELD HARMLESS AND INDEMNIFIED BY ANY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR DAMAGE OR LOSS TO PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM SUBMISSION OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE AWARD, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY OR INFRINGEMENT OF COPYRIGHTS RELATING TO THIS PROMOTION OR AN ENTRANT’S PROMOTION SUBMISSIONS OR ANY BREACH OF ENTRANT’S REPRESENTATIONS OR WARRANTIES MADE HEREIN. IN ADDITION, THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF THIS PROMOTION CANNOT BE COMPLETED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, BANKRUPTCY OR TERRORISM.
DURATION OF PROMOTION: This Promotion will end at the conclusion of the Promotion Period. The Sponsor may, at any time and in its sole discretion, delay the commencement date, extend the termination date, or terminate this Promotion in its entirety without notice or obligation of any kind.
ADDITIONAL RULES AND RESTRICTIONS: By participating in this Promotion, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor, which shall be final in all matters relating to this Promotion. The decisions of the Sponsor, and any entity selected to represent the Sponsor regarding this promotion, are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Promotion as solely determined by Sponsor. In the event an entrant wins an Award and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the Award. Sponsor is not responsible for any typographical or other errors in the printing or advertising of the offer, administration, or execution of the Promotion.
DISPUTES: Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the state courts or federal courts sitting in New York, New York; (b) any and all claims, judgments, expenses and fees shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event shall attorneys’ fees be recouped; (c) under no circumstances will entrant be permitted to obtain damages for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
DATA PRIVACY: Entrants agree that personal data, particularly name and address (postal and email), may be processed, shared, and otherwise used for the purposes, and within the context, of this Promotion; and entrants, by participating in this Promotion, give the Sponsor (and any of its Affiliates) permission to send entrants marketing and promotional information about the Sponsor, affiliated brands, and Sponsor’s (and any of its Affiliates’) marketing partners, and as otherwise permitted under Sponsor’s Privacy Policy available at www.materialbank.com/privacy-policy. Such personal data may also be used by Sponsor in order to verify an entrant’s identity, postal address, and telephone number, or to otherwise verify an entrant’s eligibility to participate in this Promotion. Entrants have the right to access, review, or cancel any personal data held by Sponsor by writing to the Sponsor at Material Technologies Corporation, 3651 NW 8th Avenue, Boca Raton, FL 33431, Reference: Privacy, or by emailing privacy@sandow.com. Personal data will be used by Sponsor and its Affiliates and marketing partners exclusively for the purposes stated herein. Any Promotion entrant may elect to exclude the name and address of that entrant from all lists used by Sponsor and its Affiliates. To elect to have an individual's name excluded from all such lists, submit a removal request as specified in Sponsor’s Privacy Policy available at www.materialbank.com/privacy-policy.