MARVIN® Smart Performance – Official Sweepstakes Rules

No Purchase Necessary. A purchase will not increase your chances of winning.

Eligibility

Entrants must be legal residents of the United States (excluding residents of Puerto Rico and territories) and 18 years of age or older as of the date of entry. Marvin’s “Smart Performance Sweepstakes” (the “Sweepstakes”) begins October 18, 2012 at 12 a.m. Central time (Start Time) and ends December 31, 2012 at 11:59 p.m. Central time (End Time).

Employees or agents of Marvin Windows and Doors (the “Sponsor”) and its parent company, affiliates, subsidiaries, advertising/promotional/PR agencies, employees, and the members of their immediate families or those persons living in the same household of such individuals are ineligible to enter or win. All federal, state and local laws and regulations apply. Void where prohibited by law.

Entries

You may enter the Sweepstakes online at http://www.marvin.com/benefits-features/smart-performance by completing the required fields of the online entry form at in their entirety and clicking on the SUBMIT button to enter.

Entries must be received before the End Time. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.

LIMIT ONE ENTRY PER PERSON OR E-MAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME E-MAIL ADDRESS). In case of dispute as to identity of a winner, such entry will be deemed to have been made by the registered user of the e-mail account at the time the entry was submitted; if a prize is won, and such registered user is an eligible entrant, the prize will be awarded to the registered user. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his/her e-mail address. (To do so, write to: Marvin’s “Smart Performance Sweepstakes”, 2020 Silver Bell Rd. Ste. 15, St. Paul, MN 55122.)

Prizes

No Purchase Necessary. A purchase will not increase your chances of winning.

One winner will be chosen at random from the entries submitted. The winner will receive one or more Marvin brand window(s) or door(s) of their choosing, up to a list price value of five thousand dollars (US$5000.00). The window or door selected must be available through Marvin’s standard catalog product offering; products through Marvin Signature Services will not be available. The winner must place his or her order for the prize through an authorized Marvin dealer within one year of the date of notification of winning. The prize will be delivered, at no cost to the winner, to the dealer through which the order is placed. Installation services are not included and are the responsibility of the winner.

No alternative prize, cash, or other substitution is permitted. All taxes are the sole responsibility of the winner.

Winners

The winner will be determined by a random drawing from all eligible entries received, to be held after the End Time at the Sponsor’s offices. All decisions of the Sponsor are final and binding. Odds of winning depend on the number of eligible entries received. The winners will be notified by e-mail within 15 days of the drawing. Winner will have 15 days from notification to accept the prize and verify eligibility by e-mail to winners@marvin.com or by U.S. mail to the address specified in the notification. The Sponsor is not responsible for and shall not be liable for any late, lost or misdirected notification, or for a winner’s unsuccessful efforts to claim any prize.

Winners will be required to sign and return a release of liability, declaration of eligibility, assignment of rights, and where lawful, publicity consent agreement, all within 15 days of acknowledged notification. By accepting and/or using prize, the winner agrees to the use of his/her name, voice and/or likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails to timely return the completed and executed declaration and releases as required, prize may be forfeited and an alternate winner will be selected. After three attempts, if an eligible alternate winner cannot be identified, the prize will not be awarded. In the event of a dispute regarding who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the e-mail account.

General Terms and Conditions

No Purchase Necessary. A purchase will not increase your chances of winning.

By entering, each participant agrees to be bound these Official Rules and decisions of Sponsor, which shall be final. Sponsor, agents and representatives of Sponsor, its parent company, affiliates, subsidiaries, advertising, promotion, PR and fulfillment agencies, employees, and legal advisors are not responsible for and shall not be liable for: (1) late, lost, delayed, damaged, misdirected, incomplete, or unintelligible entries; (2) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (3) failed, incomplete, garbled, or delayed computer transmissions; (4) any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (5) any injuries, losses, or damages of any kind arising in connection with or as a result of the prizes, or acceptance, possession, or use of the prizes, or from participation in the Sweepstakes; or (6) any printing or typographical errors in any materials associated with the Sweepstakes. Sponsor reserves the right, in is sole discretion, to suspend or cancel Sweepstakes at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper play of the Sweepstakes.

ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAW. IN THE EVENT OF SUCH AN ATTEMPT, SPONSOR MAY SEEK DAMAGES AND PURSUE OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Resolution of Disputes

Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Minnesota; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall attorney’s fees be awarded; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant herby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, 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 entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota.

Winners List

To receive a list of winners or copy of the Official Rules, send a self-addressed stamped envelope for receipt by January 31, 2013, to Marvin’s “Dream Window or Door”, 2020 Silver Bell Road, Suite 15, St. Paul, MN 55122.

Opt Out

To opt out of receiving notices of future sweepstakes offered by Sponsor, please use the opt-out feature contained in the original email notice, or mail your request to Marvin Windows and Doors, Sweepstakes Administrator, 2020 Silver Bell Rd., Ste. 15, St. Paul, MN 55122.

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