Genie Social Media Giveaways; Official Rules

Genie Social Media Giveaway Rules

By entering you are agreeing to be bound to the terms and conditions contained herein (“Official Rules”).

ELIGIBILITY: Participation in any of Genie’s Social Media Giveaway(s) (each a “Giveaway”) is open to legal residents of the fifty (50) United States and the District of Columbia, and Canada who are 18 years of age or older and the age of majority in their state of residence (age 19 in Alabama and Nebraska and age 21 in Mississippi) as of the date of entry. Giveaway is void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the US and where prohibited by law. Current and former employees of Overhead Door Corporation, GMI Holdings Inc., Creative Door Services Ltd., or their affiliates and the immediate family members (spouses, parents, children and siblings and their spouses) are not eligible to enter or win. Manufacturers of garage door openers and accessories are also not eligible to enter or win. 

Canadian Entrants. If a Canadian resident wins a prize, that person must also answer correctly within a 15 minute time period a mathematical skill-testing question without the benefit of any calculating devices, before the prize will be awarded. As applicable, an international winner must confirm and be willing to pay any applicable import taxes.

SPONSOR/ADMINISTRATOR: GMI Holdings Inc. dba The Genie Company, One Door Drive, Mount Hope, OH  (the “Sponsor” and or “Administrator”).

AGREEMENT TO OFFICIAL RULES: Any person who participates in the Giveaway (“Entrant”) agrees to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.

SUBMISSION PERIOD(S):  Entries will be accepted online starting on the date and time of the Genie social media post describing the Giveaway (“Giveaway Post”)  and ending at 11:59pm EST on the end date specified in the Giveaway Post, or if no end date or submission period is specified in the Giveaway Post, the submission period will end at 11:59pm EST thirty (30) days after the initial posting of the Giveaway Post (“Submission Period”). The computer system of the Sponsor is the official time-keeping device for the Giveaway, as interpreted by Sponsor in its sole discretion. Sponsor reserves to the right to terminate the Giveaway, prior to the end of the Submission Period, and without communication or notice, at any time.

HOW TO ENTER: No purchase is required.  Purchasing a Genie product does not improve your chances of winning. There is a maximum of one (1) Entry per person during the Submission Period.  All Entries become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor may use the Entry for all promotional purposes. Eligible Entrants can enter the Giveaway by participating in the Social Media Entry Method or by Mail In Entry as detailed below (collectively the “Entry”):

Entry by Social Media:

Liking, sharing, commenting, and/or retweeting, as specified in the Giveaway post (“Content”).  For example, if the Giveaway post states that entry requires both liking a Genie social media post and commenting on such social media post, then the entrant must both like the specified Genie social media post and comment on it, in order to enter.  (Simply like-ing the post would not qualify as an Entry). For a “retweet” entry, Entrant’s Twitter settings must be public. By submitting an Entry on Instagram, Entrants agree to Instagram’s Terms of Use. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram LLC. By submitting an Entry on Twitter, Entrants agree to Twitter's Terms of Use. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter. By submitting an Entry on Facebook, Entrants agree and understand they are subject to all notices posted online, including but not limited to the Sponsor’s Privacy Policy, which can be found at http://www.geniecompany.com/terms.aspx#privacy. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.

Entry by Mail-In:

To enter by mail, Entrants may enter the Giveaway by printing your name and address, and the words “Genie

Social Media Giveaway” on a 3” x 5” card, in a properly addressed stamped envelope to “Genie Social Media Giveaway” at: Genie One Door Drive, Mount Hope, OH. Incomplete, illegible, damaged, incorrectly addressed, late, lost, misdirected, and postage due entries are void. Entries will not be acknowledged or returned. Mail-in entries must be postmarked no earlier than the Giveaway Post date and no later than the last day of the Submission Period, provided that any mail-in entries must be received by Sponsor within ten (10) days following the last day of the Submission Period. Sponsor is not responsible for Entries not received by such time due to delivery delays.

ADDITIONAL ENTRY REQUIREMENTS & RESTRICTIONS: Incomplete entries, or those containing incorrect information, will be voided at the Sponsor’s sole discretion. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to disqualify any person that submits more than maximum allowed Entries. Except to the extent prohibited by law, any personally identifiable information collected during an Entrant's participation in this Giveaway will be collected by Sponsor and used by Sponsor, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Giveaway as described in these Official Rules.

By entering this Giveaway, Entrant represents and warrants that, prior to submission, he or she has obtained any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who is shown or mentioned within the Entry (collectively, the “Clearances”). Sponsor may disqualify any Entrant who is unable to provide all such Clearances. By submitting a completed Entry, the Entrant warrants and represents that he or she consents to the submission and use of the Entry in the Giveaway and, where applicable, to its posting on the internet in connection with the Giveaway.

 As part of the Entry process, entrants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. Any individual that, in the sole discretion of Sponsor, is suspected of submitting Entries in excess of the permitted maximum, by any means, including but not limited to establishing multiple email accounts, facebook or other social media accounts, will be disqualified from participation in this Giveaway.

 Entries must be in English and may not contain any of the following: Content which contains visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; Content which is modified or deleted by Entrant; Content taken from a third party without the proper authority; Content that is profane, pornographic, sexually explicit or suggestive or contains nudity; Content which shows blood, physical bodily harm, firearms/explosives or violence; Content which promotes alcohol, illegal drugs or tobacco; Content which defames, misrepresents or contains disparaging remarks about people, brands, products, or companies; Content that is obscene, offensive, endorses any form of hate or hate group or derogatory to any ethnicity, race, gender, religion, profession or age group; Content which contains material embodying copyrighted images, names likenesses, trademarks without permission;  Content which contains any person’s likeness without permission; Images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person; Content which violate any privacy rights, confidentiality agreement, or employment agreement; Content that violates the proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; Content pertaining to a competitors' products; Content that is primarily a price complaint; Content which contain visible phone numbers, website links, street addresses, e-mail addresses, or license plate numbers; Content which contain behavior inappropriate for a general audience; Content that contains any profanity (including symbols such as #$%@), obscenity, or inappropriate slang; Vacuous content (i.e. - random characters or meaningless word strings or is blank); Content that is overly controversial, confrontational, personal, violent, drug-related, unlawful, or sexual in nature; Content that is an inappropriate comment about other content or the authors of other content; Content that is clearly spam; Content which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; Content that contains inappropriate web sites, hyperlinks, URLs, email addresses, or phone numbers, including those of Genie; Content that includes images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person; Content that depicts illegal activity; Content that contains any text that identifies the Entrant as being under the age of 18; and Content which do not comport with the Entry requirements.  Entries which do not conform to these guidelines in the Sponsor’s sole discretion will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Giveaway that all necessary Clearances have been obtained and to disqualify and remove any Entry if it believes that the necessary Clearances have not been obtained.

USE OF SUBMISSION AND REPRESENTATIONS: By entering this Giveaway, and to the extent allowed by law, you waive any moral rights in and to the Entry and grant Sponsor and its licensees, promotional partners, third party marketing entities, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the content and other materials submitted as part of the Giveaway, and all images, audio, text, and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it. Sponsor and its successors, assigns and licensees, will have the right to make unlimited derivative works there from, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Entry and other materials submitted as part of the Giveaway, and all images, audio, text and materials depicted therein, in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. You hereby forever waive and relinquish all so-called “moral rights” now or hereafter recognized in connection with materials, videos, audio, text and photos submitted as part of the Giveaway. Sponsor also has the right to remove any Content posted by Entrant in its sole discretion.  You agree that Sponsor shall have the sole discretion in determining the extent and manner of use of such videos, photos, audio, text and materials and are not obligated to use the same in any way. You agree not to issue any publicity concerning the Giveaway. You waive and release the Released Parties (defined below) from any and all claims that you may now or hereafter have in any jurisdiction based on unfair competition with respect to the exploitation of such videos, photos, audio, text or other materials without further notification or compensation to you of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or any other person in connection with this Giveaway, on the grounds that any use of any photo, video, audio, text or other material, or any derivative works, infringe, or violate any rights therein. By entering this Giveaway, you agree that Sponsor and each of its licensees, promotional partners, and third party marketing entities shall have the right and permission to use your name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or personal exposition (and/or any edited portion thereof), and/or any information contained in your submission for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, to the extent permitted by law.

YOU ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREE TO BE BOUND BY THE DECISIONS OF SPONSOR, WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THIS GIVEAWAY, AND AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH PREPARING FOR OR PARTICIPATING IN GIVEAWAY.

 

SELECTION OF WINNER AND NOTIFICATION: One Entry will be selected by Sponsor, at random from all Entries received during the Submission Period, on or about  ten (10) days following the last day of the Submission Period. Sponsor will attempt to contact and qualify each winning Entrant by email. Sponsor is not responsible for the deletion or removal of any “like”, “retweet”, or other entry, by Entrant or the operator Facebook, Twitter, Instagram, or any third party. If the Giveaway Finalist cannot be reached within five (5) days after the first attempt at contact, the Sponsor may disqualify that Entrant and select another winning Entry. Odds of winning depend on the number of entries received.

PRIZES:  Genie brand product at Sponsor’s sole discretion at value of up to $499 (each a “Prize”) awarded after the end of each Submission Period.  If no valid Entries have been received by Sponsor by the last day of any calendar month during the Submission Period, no Prize will be awarded for that month. Any gift cards given are subject to restrictions and an expiration date may apply. All applicable taxes on prizes are the sole responsibility of each winner. You may not request cash or a substitute prize; however the Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor in its sole discretion. PRIZES ARE NOT TRANSFERABLE AND ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF THE PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER.  This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the owner of this Facebook page and not to Facebook.

ADDITIONAL PRIZE CONDITIONS: If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner(s), if potential Winner(s) cannot be reached via email within five (5) calendar days from the first notification attempt, or if potential Winner(s) fails to return requisite document within the specified time period, or if potential Winner(s) is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected. Each Prize Winner will be responsible for all municipal, state, federal and other taxes associated with the receipt of a prize. The Sponsor reserves the right in its sole discretion to substitute any prize package with another prize of equal or greater value in the event that the prize (or any component thereof) is not available as determined by the Sponsor in its sole discretion.

GENERAL CONDITIONS: If for any reason the operation or administration of this Giveaway is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway in whole or in part, at any time, without notice, and award the Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Giveaway or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Prize Winner based on an e-mail address, the winning Entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. "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 submitted e-mail address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Giveaway, Entrants agree to the fullest extent permitted by law, to release and hold harmless the Sponsor, Facebook, Inc., Twitter, Instagram LLC, and their respective parents, officers, directors, employees, agents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway.  Released Parties assume 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. Released Parties are not responsible for lost mail or any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or 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, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Giveaway or downloading any materials in this Giveaway. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

DATA: Sponsor will be collecting personal data about Entrants including e-mail addresses from Entry forms in accordance with its Privacy Policy. Please review the Sponsor's Privacy Policy at the following link: http://www.geniecompany.com/terms.aspx#privacy. To the extent permitted by law, by participating in the Giveaway and providing your e-mail address, 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.

DISPUTES:

To the fullest extent permitted by law, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Dallas, Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules.

This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, or Instagram. You understand that you are providing your information to Genie and not to Facebook or Twitter or Instagram.