GERRY’S ROOFING & SIDING INC.’S 2023 ROOF GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Unless otherwise stated, there is a limit of one entry per person per giveaway. To enter the giveaway, follow the instructions given online, on the Gerry’s Roofing & Siding Inc.’s (“Gerry’s”) website. By entering this giveaway (“Giveaway”), entrants agree to be legally bound by these Roof Giveaway Official Rules (“Official Rules”), and will be deemed to have read and understood these Official Rules.
1. Giveaway DATES
a. Gerry’s donation giveaway will be held on Saturday, September 9th, 2023, at 1:00 pm (rain date September 23rd, 2023). The Giveaway will begin at 12:00 a.m. Monday, July 24, 2023 Eastern Time (“E.T.”) and end on Friday, August 21, 2023 at 10 p.m. Eastern Time (“E.T.”), whereafter no other entries are permitted.
2. ELIGIBILITY RESTRICTIONS
a. The Giveaway is open to all legal residents of Canada who are 18 years of age or older at the time of entry and who live in a 25-km radius from Gerry’s location at 49 Morley Street, Hamilton as determined at the sole discretion of Gerry’s. Gerry’s employees, their parents, siblings and children, and Gerry’s agents, affiliated or related companies, subsidiaries, divisions and advertising agencies or any other entity involved in the development, production, administration, or fulfillment of the applicable Giveaway (and any person domiciled with any such individual) are ineligible to enter this Giveaway.
b. One (1) entry per person with a valid email address. No group entries are permitted. Any attempt to obtain more than the stated number of entries by using multiple/different email addresses, may result in disqualification by the Gerry’s, in its sole discretion.
c. The winning entry must own the house (be on legal title) to receive the roof replacement and must provide proof of ownership. Any co-owner must provide written consent to Gerry’s to install the prize. The home of the winning entry is subject to an in-home inspection by Gerry’s and must be suitable for the prize, as determined by Gerry’s in its sole discretion. Factors to be considered include, but are not limited to, the following: home must be in working order and free of potential structural problems, deficiencies or hazards that would require repairs beyond the scope of work by Gerry’s. This includes, but is not limited to, having sufficient structural support, being mold free and asbestos free. The winner is required to not only own the home but reside in the home. The winning home is subject to a preliminary drive-by prior to the in-home inspection. Any waterproofing, remediation or other repairs necessary for proper installation (as deemed by Gerry’s or its designees in their sole discretion must be performed at owner's expense prior to installation.
d. Entrants are required to provide truthful information and Gerry’s will reject and delete any entry that it discovers to be false or fraudulent. Gerry’s will disqualify any entry from any individual who does not meet the eligibility requirements and will also delete any entry as required by law.
a. To participate in the giveaway, you may enter via the following method:
Beginning on the start date, individuals can log on to https://gerrysroofing.ca and select the roof giveaway tab, then enter the Giveaway by following the links and instructions to enter. Entrants must submit their first name and last name, address including area code, telephone number and a valid email address in the online entry form. The winner will receive the prize as described on the website. Entries must be received by the deadline to qualify. All entries become the property of Gerry’s and Gerry’s reserves the right to use any information submitted by entrants.
Internet entries will be deemed to be made by the authorized account holder of the email address used at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning the email address or the domain associated with the submitted email address. Multiple entrants are not permitted to share the same email address. Group entries submitted will not be acknowledged or considered. Use of any device to automate entries is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Gerry’s. Gerry’s computer system is the official time-keeping device for the Giveaway.
For purpose of this giveway, a “Day” shall begin at 12:00:00 a.m. Eastern Time (“E.T.”) and shall end at 11:59:59 p.m. Eastern Time (“E.T.”)
4. PRIZES AND ODDS OF WINNING
a. The chosen winner will have 2 days from the date they were notified to accept the prize. The winner will receive a consultation and measurements of their residential roof, removal of the pre-existing roof, disposal of pre-existing roof shingles, product installation, including materials, of residential asphalt shingles, consisting of their choice of a standard, available color, 3,000 sq ft. limit, and warranty covering both labour and material for ten (10) years. No cash or other substitution shall be permitted. Residential roofs measuring over 3,000 sq ft will be disqualified and another prize winner will be randomly selected from the eligible entrants. The prize value will not exceed $10,000. Upon installation of the prize, Gerry’s will be deemed to have awarded the prize to the winner with the winner assuming full ownership and responsibility for the prize.
b. Odds of winning depend upon the number of eligible entries received.
c. There is no substitution, transfer, or cash equivalent for prizes, except that Gerry’s may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities, or any other expenses. Other restrictions may apply.
5. WINNER SELECTION AND NOTIFICATION
a. On Friday, August 25, 2023 at 12:00 pm Gerry’s Roofing will select one entrant from among all the eligible entries received on their website. Decisions of Gerry’s with respect to the Giveaway are final. If the prize is forfeited or the winner does not meet eligibility requirements as determined by Gerry’s at its sole discretion, then Gerry’s may select another winner by random drawing from all eligible entries received.
b. Winner(s) will be notified by phone and/or email on or about Friday, August 25, 2023 at approximately 12:30 pm Eastern Time (“E.T)
c. Winner(s) must execute and return any required affidavit of eligibility and release including its skill testing question, publicity release, within ten (10) days of notification attempt or the winner will be disqualified and the prize will be forfeited and alternate winner(s) may be chosen by random drawing. If a potential winner(s) cannot be contacted, fails to complete, sign and return any required affidavit of eligibility and release, publicity release within the required time period, or if a prize notification is returned as undeliverable, the potential winner(s) will be disqualified and will forfeit the prize. An entrant who provides a mobile wireless number to a company in connection with the Giveaway, including by entering via text message or providing a mobile number for winner notification purposes, is responsible for informing Gerry’s if his or her number is reassigned to another person at any time before the end of the Giveaway, and for providing an alternative number where he or she may be reached.
d. The winner(s) will forfeit any prize or prize certificate not claimed within two (2) days of winning.
a. Payments of all taxes are solely the responsibility of the winner.
b. Participating in the Giveaway and acceptance of a prize constitutes a winner’s and guest’s (where applicable) permission for Gerry’s or its agents to photograph, film and record each winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Giveaway or its sponsors for purposes of trade, publicity or Giveaway without additional financial or other compensation, and, Gerry’s Roofing may, require a winner (and guest, where applicable) to sign a publicity release confirming such consent prior to acceptance of the prize. It is the responsibility of the winner(s) to ensure that they sign and return to Gerry’s any required release.
c. To the fullest extent permitted by law, by participating in the Giveaway, the winner:
i. agrees to grant the Gerry’s a non-exclusive, perpetual, worldwide license to edit, telecast, exhibit, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit any items (including any photos, videos, audio, or written material) submitted as part of the winner’s Giveaway entry (the “materials”), or any portion thereof, in any manner and in any and all formats and media now known or hereafter devised, without payment to the winner;
ii. acknowledge that Gerry’s reserves the right, in its sole discretion, not to use the materials at all; and
iii. represent and warrant that: if the winner is 18 years of age or older; the winner has the full legal right, power, and authority to grant Gerry’s the license provided for herein; Gerry’s owns or controls the complete exhibition and other rights to the materials the winner submitted for the purposes contemplated in this license; the winner is either the parent (or legal guardian) of any minor featured in the materials or has received the express consent of the parent (or legal guardian) for any such minor to appear in the materials and to enter the minor’s likeness in the materials in the Giveaway; and neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right or equity of, any person or entity.
d. Prior to awarding any prize or prize certificate and depending on the nature of the prize and eligibility requirements of the Giveaway, Gerry’s Roofing in its sole discretion, may require verification of Giveaway winner’s or winners’ identification by a showing of valid government-issued photo identification.
e. Gerry’s, in its sole discretion, reserves the right to disqualify any person (and all of their entries) from this Giveaway if he or she tampers with the entry process, the operation of the Giveaway, or the operation of the Gerry’s website, or any other social networking site used in the Giveaway, or is otherwise in violation of the rules. Gerry’s further reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Giveaway, or any part of it, if it is not capable of completion as planned or if any fraud, technical failures, or any factor beyond Gerry’s control, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway as determined by Gerry’s in its sole discretion. Any attempt by an entrant or any person to deliberately damage any website, Facebook Page, and/or any other social networking site used in the Giveaway or to undermine the legitimate operation of this Giveaway may be in violation of criminal and civil laws. Should such an attempt be made, Gerry’s reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. Gerry’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of Gerry’s, any competition or prize-related event is delayed, rescheduled, postponed, or cancelled, Gerry’s reserves the right, but not the obligation, to modify, terminate, suspend or cancel the Giveaway and shall not be required to award a substitute prize.
f. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Giveaway, or in the announcement of a prize; (ii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals, or any other difficulties that may prevent an individual from sending or receiving a text message; or (iii) lost, stolen, mangled, misdirected, postage-due, illegible, incomplete, incorrect or late entries. Further, Gerry’s is not responsible if any part of a Giveaway prize cannot be awarded due to acts of god, acts of war, natural disasters, weather, acts of terrorism or other factors beyond Gerry’s control.
g. To the fullest extent permitted by law, by participating in the Giveaway, entrants understand and agree that:
i. the Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a government court or proceeding);
ii. any and all disputes, claims, and causes of action arising out of or in connection with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
iii. any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event and under no circumstances will entrants or winners be permitted to obtain awards for lawyer’s fees, and entrants hereby waive all rights to claim punitive, aggravated, exemplary, equity, compensation, consequential, incidental, or any other damages or equity, and any and all rights to have damages multiplied or otherwise increased;
iv. any claim or dispute regarding the Giveaway or these Official Rules will be resolved pursuant to the Ontario laws;
v. any claim or dispute regarding the Giveaway or these Official Rules will be resolved in arbitration within Ontario and entrants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such arbitration and it being in Ontario; and
vi. if for any reason a claim or dispute regarding the Giveaway or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial and the proceeding will take place in Ontario.
h. The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
7. Requirements for Photo, Video or Written Submissions. From time to time, a Giveaway entry mechanism may require you to submit an original photograph, video, written composition (i.e. essay, comment or story) or another form of original submission (each, a “Submission”) to Gerry’s, subject to instructions provided by Gerry’s and/or its representatives. Submissions must be original and must not include any third party’s proprietary content. Gerry’s in its sole and absolute discretion may: (i) disqualify any entrant who uses third party proprietary content, at any time; (ii) edit any Submission to blur out any trade-marks or to remove any copyrighted content, including but not limited to, music or video clips, as applicable; and/or (iii) disqualify any Submission that involves anything illegal, potentially or actually dangerous or harmful or containing any element of physical risk. Submissions must not contain any reference to, or likeness of, any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence. Submissions must not include any illegal, defamatory or in any way obscene content. Submissions cannot be a parody or derogatory. Submissions remain the property of the entrant, however by entering a Giveaway, each entrant: (i) represents and warrants that his/her Submission is her or her original work and does not infringe on any third party rights, including, without limitation, copyright, trade-mark or any other intellectual property rights; (ii) represents and warrants that he/she has all necessary rights from any third party that appears, or is mentioned, in the Submission, including those from the parent or legal guardian if third party is under the age of majority; (iii) grants Gerry’s an unlimited, royalty free, irrevocable, right and license to reproduce, post and/or broadcast the Submission in any form of media now known or hereinafter developed; (iv) waives all moral rights in the Submission in favour of Gerry’s; (v) agrees to release, indemnify, discharge and hold harmless Gerry’s from any claim or liability arising from or related to the Submission; and (vi) consents to the publication and/or use, in any medium of the Submission for the purpose of administering the applicable Giveaway and publicity purposes carried out by Gerry’s and/or its advertising and promotional agencies without payment or compensation of any kind. Submissions may be showcased by Gerry’s sole and absolute discretion on a public viewing gallery. Gerry’s assumes no responsibility for any claims of infringement of the right of privacy with respect to any Submission.
8. Winner Selection. The selection method (random draw, panel etcetera) will be decided by Gerry’s. The potential prize winner will be contacted using the information provided at the time of entry. In the event a potential prize winner cannot be contacted within two (2) business days after selection, as determined by Gerry’s sole discretion, or if these Official Rules are not adhered to by a potential prize winner, such potential prize winner will be disqualified and will forfeit all rights to the applicable prize.
9. Awarding of Prize(s). Proof of identification must be provided upon request. In order to be declared a prize winner, each potential winner must first; be verified as complying with these Official Rules (as determined by Gerry’s in its sole and absolute discretion).
By accepting a prize the potential winner agrees, among other things, to be available and to participate in publicity and/or promotions related to the Giveaway and/or Gerry’s, authorizes Gerry’s to broadcast, publish, disseminate and otherwise use his/her name, city/town/village and province/territory of residence, photograph, likeness, sobriquet and voice, in connection with any promotion and/or publicity, and/or for general news, entertainment and/or information purposes at no additional compensation, beyond the awarding of or participation in the applicable prize, accepts the applicable prize as offered and releases the Gerry’s from any and all liability of any kind relating to the Giveaway and his/her receipt and use or misuse of the applicable prize.
10. By entering this Giveaway, each entrant fully releases Gerry’s, prize suppliers, advertising/promotion agencies and any other entity involved in the development, production, administration or fulfillment of the applicable Giveaway from all liability of any kind relating to the Giveaway or his/her participation therein, including, without limitation, any liability related to: (i) any failure of the website; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Giveaway; and/or (v) any combination of the above.
11. Gerry’s Roofing reserves the right to cancel, modify or suspend a Giveaway or to amend these Official Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason, in the opinion of Gerry’s in its sole and absolute discretion, the Giveaway is not capable of running as originally planned, for example as a result of tampering, unauthorized intervention, fraud, technical failures, mechanical manipulation or any other causes beyond its control, Gerry’s reserves its right to amend, cancel or suspend the applicable Giveaway and/or conduct a random draw from all previously received eligible entries. Without limiting the generality of the forgoing, Gerry’s reserves the right, and will, administer a math question to the selected winner as it deems appropriate based on the circumstances and/or to comply with applicable law. The winner must answer the math question correctly to obtain the prize or an alternate entrant will be chosen as the winner after answering the math question correctly.
12. By entering a Giveaway, each entrant consents to the collection, use and distribution of his/her personal information (information that identifies an entrant as an individual, such as home telephone number, age and home address) by Gerry’s for the purposes of implementing, administering and fulfilling the applicable Giveaway. Any inquiry concerning the personal information held by Gerry’s should be addressed to Gerry’s. This section does not limit any other consent(s) that an individual may provide Gerry’s or others in relation to the collection, use and/or disclosure of their personal information.
13. For greater certainty, each prize claimant consents to the use of their name, city of residence, likeness, comments, photograph or voice, without further compensation, in any future publicity carried out by Gerry’s in connection with the applicable Giveaway.
14. If the identity of an entrant is in dispute, the authorized account holder of the email submitted at the time of entry (if provided) will be deemed to be the entrant. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address in question (if provided).