“The Experience of a Lifetime Challenge”
There has been a clarification of these rules at Section III (a). If you have any questions regarding the clarification, please send your inquiry to DXVcustomercare@DXV.com.
PARTICIPATION CONSTITUES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE "OFFICIAL RULES".
I. PROGRAM PERIOD: The DXV™ “The Experience of a Lifetime Challenge” (the “Challenge”) begins on or about 12:00 a.m. EST on Monday, February 22, 2016, and ends at 11:59 p.m. EDT on Wednesday, August 31, 2016. The Challenge is sponsored by AS America, Inc., d/b/a American Standard Brands, One Centennial Ave., Piscataway, NJ 08855 (the “Sponsor”).
II. ELIGIBILITY: The Challenge is not open to the general public. The Challenge is only open to DXV sales professionals who: (a) are legal residents of the 50 United States and the District of Columbia; (b) have reviewed and agreed to the Official Rules; (c) are an authorized DXV business account in good-standing; (d) and are at least eighteen (18) years of age or older as of February 22, 2016. The following persons are not eligible to participate in the Challenge: officers, directors and employees of the Sponsor, its parent, subsidiaries and affiliated companies; promotional and judging agencies, persons engaged in the administration, development, production or execution of the Challenge (collectively, the “Challenge Administrators”); and the immediate family members (parents, parent in-laws, sister or brother in-laws, grandparents, children, grandchildren, siblings, and spouses) or persons living in the same households of each (whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Challenge) (collectively, the “Released Parties”). The Challenge is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
III. HOW TO ENTER THE CHALLENGE:
Visit http://www.DXVChallenge.com (“Challenge Website”) and follow the online instructions. You will be deemed a Participant in the Challenge (“Participant”) when you sell and register an American Standard Brands DXV product (“Product”). Product sales (“Product Sales”) will be calculated based on Product only, which shall not include freight, taxes, and handling charges.
(a) How to Earn Challenge Entries: Participants receive one (1) Challenge entry (“Entry”) for every one (1) Product invoice. Additional Entries may be earned for each additional Product sold. To register your Product Sales go to Challenge Website and (1) sign in or register as a “DXV Showroom Professional”; (2) navigate to the DXV Challenge tab on your account; and (3) register your invoice number for each net sale. To be eligible for each month’s drawing all Product Sales must be received and credited by 11:59 p.m. ET the last day prior to each official drawing date (“Drawing Date”).
(b) Minimum Sales Requirements: To be eligible for a Grand Prize of an all-expense paid luxury vacation, you must sell a minimum of $20,000 net in Products (less freight, tax and handling charges) beginning February 22, 2016 through August 31, 2016.
(c) Product Entry Conditions: Products returned prior to the Drawing Date, will be excluded from the Challenge.
By registering, and clicking on the "Submit" button, each Participant certifies he or she has read and agreed to be bound by these Official Rules. The Challenge Administrators may disqualify any Entry that they deem to have violated any provision of the Official Rules, and their decisions concerning all matters related to the Challenge are final. Incomplete Entries, or those containing incorrect information, will be voided.
(A) PRIZES FOR GRAND PRIZE WINNERS:
Potential Grand Prize winners can choose an all-expense-paid trip for two* from one (1) of the following eight (8) Grand Prize selections. Certain blackout dates may apply. Up to seven (7) top sellers, calculated by dollar amount, will be chosen for a Grand Prize. In addition, one (1) Wild Card will be selected from all DXV Showroom Professionals who have logged the minimum sales requirements, excluding the aforementioned top sellers. In the event that any winner declines any of these destinations, a comparable trip to a destination of his or her choosing may be coordinated within the parameters of the value of the prize package, subject to Sponsor’s sole discretion.
1) East Winds Resort – St. Lucia
2) Marriott Aruba Resort & Stellaris Casino – Aruba
3) Fairmont Banff Springs Resort – Banff, Alberta Canada
4) Wilderness North Fly-In Fishing Expedition – *trip for One (1) person only – Northern Ontario, Canada
5) Wildland Trekking – U.S. Colorado Rockies (various packages available)
6) The Wynn Las Vegas
7) The Bellagio Hotel – Las Vegas, Nevada
8) New York City “Big Apple Adventure” – exact itinerary determined based on winners’ preferences in conjunction with the Sponsor at the Sponsor’s discretion.
(B) MONTHLY PRIZE WINNERS:
Monthly prizes will be determined on a month-to-month basis and will not be announced ahead of time. Prizes will be determined by Sponsor in conjunction and consultation with VFI Marketing. DXV-branded merchandise will be ordered and fulfilled by Sponsor. Examples of monthly prizes may include:
- Carpet cleaning
- Lawn care
- Window cleaning
- Car detailing
- Massage package
- Night on the town
- Restaurant package
- Dinner and a movie
- Sports package
- Manicure / pedicure
- Food delivery
- Hello Fresh
- Door to door organics
- Cash or gift card
V. MONTHLY WINNER DRAWINGS:
- Randomly drawn potential winners will be notified on a monthly basis via a phone call and/or email. All non-winning entries from every month will be rolled over to the following month’s drawing.
- Potential Grand Prize winners will be notified via a phone call and/or email by September 20, 2016.
- Randomly selected winners must respond via email or phone call to the Challenge Administrators within five (5) days, with the following contact information: name, address, city, state, zip code, day and evening phone numbers and date of birth. Responses will not be accepted if left on an answering machine or service. If the potential winner cannot be reached after a reasonable effort has been exerted, or found to be ineligible, cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion.
- The decisions of Sponsor and/or Challenge Administrators, as applicable, will be final and binding on all matters relating to this Challenge.
- Each month’s eligible prize winner may be featured in the following month’s email newsletter delivered to all participants in the Challenge and the Sponsor.
Sample schedule of monthly drawing prizes, dates and notification:
DRAWING DATES and NOTIFICATION SCHEDULE
Winner Levels and Prize Values
Entry Period Deadline Eastern Time
Winner Drawing Date
Winner Notification Date
Required Response Date
| Grand Prize Luxury Vacations
||12:00 am March 22, 3016 to 11:59:59 August 31, 2016
||(On or about) September 15, 2016
||(On or about) September 16, 2016
|| September 20, 2016
Month One AwardsGolf Bag
White Glove Treatment
$10 debit card
DXV pen set Briefcase
|12:00 am February 22, 2016 to March 31, 2016 11:59:59
||(On or about) April 1, 2016
|| (On or about) April 4, 2016
|| (On or about) April 9, 2016
Month Two AwardsOffice set combo
$50 debit card
Travel gold case (hard cover)
|12:00 am February 22, 2016 to April 30, 2016 11:59:59
||(On or about) Mary 1, 2016
||(On or about) May 4, 2016
||(On or about) May 9, 2016
Month Three AwardsWhite glove treatment
|12:00 am February 22, 2016 to May 31, 2016 11:59:59
||(On or about) June 1, 2016
||(On or about) June 4, 2016
||(On or about) June X, 2016
VI. GRAND PRIZE TRAVEL ARRANGEMENTS: Grand prize winners will be provided with two economy class tickets from a major airport nearest the winner’s U.S. residence as determined by Sponsor and the Program Administrator in their sole discretion. The prize package also includes standard hotel accommodations (one room/double occupancy). While prize suppliers will make every effort to confirm reservations as requested, operational and/or market conditions may prevent them from doing so on the requested dates. Travel, special event tickets and accommodations are subject to capacity controls, availability, blackout dates and other restrictions, all of which are subject to change at Sponsor and Program Administrators’ sole discretion. Winner(s) must execute liability/publicity releases prior to issuance of travel documents. Winner and travel companion (hereinafter, “Guest”) must book and travel on the same itinerary. The trip must be traveled by September 30th, 2017 or the prize will be forfeited. Sponsor will not replace any lost, mutilated, or stolen travel vouchers or certificates. In the event a winner lives within a 200-mile radius of the prize designation, Sponsor will provide the winner with round trip ground transportation between winner’s residence and destination, in lieu of the round trip coach air transportation. The dollar value difference between the round trip coach air transportation and ground transportation will not be provided to the Grand Prize winner(s). Guest must sign before a notary public and return an Affidavit of Eligibility/Liability and Travel Companion Release form within twenty (20) business days of receipt. Non-compliance may result in disqualification. Guest must be at least 18 years of age at the time of travel. In the event the Guest is deemed a minor under the jurisdiction of his/her state of residence, Guest is required to be accompanied by a parent or legal guardian. No additional travel expenses or any other aspects of the travel related prizes will be awarded should Guest’s parent or legal guardian be required to accompany Guest. Winner and his/her Guest will be solely responsible for all other expenses associated with the trip and are the responsibility of the winner to pay, including all tips, gratuities, service charges, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, local and long-distance telephone calls, port charges, and any other incidental costs or expenses not identified in these Official Rules.
Sponsor maintains no control over the personnel, equipment, or operation of any air carrier, train operator, ground transportation carrier, hotel, or other person or entity furnishing service, products, or accommodations as a part of any prize provided under this Challenge and shall not be liable for any injury, death, damage, loss, expense, accident, delay, cancellation, diversions or substitution, or any act or omission, inconvenience, or other irregularity that may be caused. Sponsor shall not be liable for any loss or damage to baggage. Winner and Guest will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize packages and the associated costs for these requirements. Travel prize packages are subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required at time of travel.
VII. PRIZE TERMS AND CONDITIONS: The winners are required to comply with any and all applicable federal, state and local laws, rules and regulations. The winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The value of any prize awarded to a winner(s) must be reported for tax purposes as required by law. Each winner receiving a prize valued over $600.00 will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”), and return it within five (5) days of notification. A prize winner may be required to provide Sponsor or it agents with a valid social security number before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of a winner. The Prize Acceptance Release is subject to verification by Sponsor. All properly claimed prizes will be awarded. Monthly prizes will be mailed via FEDEX and any theft of prize is the responsibility of the Participant. Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, theft, use or misuse of any prize awarded in this Challenge.
Each winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
VIII. LIMITATIONS OF LIABLILTY: If for any reason, this Challenge is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Challenge in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not responsible for any damage to a Participant’s system, which is occasioned by participating in this Challenge or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Challenge or by any technical or human error, which may occur in the processing of the entries in the Challenge. If any provisions of the Official Challenge Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the log-in account holder.
IX. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Challenge is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to cancel, terminate, suspend, postpone, delay or modify the Challenge, in whole or in part, including, but not limited to, any occurrences described in paragraph VIII above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Challenge. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, the Challenge Administrators nor any of the Released Parties shall have any further liability to any Participant in connection with the Challenge.
XI. USE OF PERSONAL INFORMATION: The information that you provide in connection with the Challenge entry process may be used by Sponsor for Sponsor's internal purposes in connection with operation of the Challenge such as to communicate with entrant in relation to this Challenge or on a winner's list and such information will only be used to send Participant’s information about Sponsor's products and other offers if you consent to use in such manner.
XII. RELEASES: All Participants, as a condition of participation in this Challenge, agree to indemnify, release and hold harmless Sponsor and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Web Site; (b) participating in any aspect of the Challenge, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Challenge-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Challenge Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. The winner(s) bears all risk of loss or damage to his/her respective prize after it has been delivered.
Except where prohibited, as a condition of participating in this Challenge, the parties agree that any and all disputes which cannot be resolved between them, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will any Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g., costs associated with entering this Challenge), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of New Jersey, in the City of Piscataway, County of Middlesex, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of New Jersey, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Challenge. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
BY ENTERING THE CHALLENGE, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS $250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.