Metal My Way Contest Rules

Overview:
“Metal My Way” is a photo submission contest. Entrants submit, at metalmyway.com, photos or video of metal projects for a chance to win a prize. The contest runs from July 1, 2019 until August 31, 2019.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: The Metal My Way photo submission contest (the “Contest”) is open only to those who submit a photo or video (an “Entry”) at metalmyway.com or using social media as further described herein. Contestants must by 18 years of age or older as of the date of entry. The Contest is only open to legal residents of Canada, excluding Quebec, the United States and the United Kingdom. The Contest is void where prohibited by law. Employees of Metal Supermarkets Franchising America Inc., Metal Supermarkets Franchising Company Inc. or Metal Supermarkets UK Limited (collectively “Metal Supermarkets”), their affiliates, subsidiaries, franchisees and the owners and employees of franchisees, advertising and promotion agencies, and suppliers, (collectively, the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully and unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of the Metal Supermarkets as final and binding as it relates to the content of this Contest.

3. Contest Period: Entries will be accepted online starting on July 1, 2019 at 8am ET/ 5am PT and ending on August 31, 2019 at 11pm ET / 8pm PT. All online entries must be received by August 31, 2019 at 11pm ET / 8pm PT.

4. How to Enter:
a. The Contest must be entered by completing a submission of the online form provided at metalmyway.com.

b. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Metal Supermarkets. You may enter a particular metal project only once, but you may enter multiple metal projects. You must provide the information requested. You may not enter a metal project more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Metal Supermarkets.

c. Photos are automatically collected by use of a contest application form, but actual entries must be approved by Metal Supermarkets and approval may be withheld at the discretion of Metal Supermarkets

5. Prizes:
a. Prizes are awarded to (i) the winning entry from all entries and (ii) the winning entry in each category as outlined herein where the selection of each of these winning entrants (the “Winner(s)”) is determined at the sole discretion of Metal Supermarkets. The Winners will receive the following prizes:

  1. 1 top prize for each of the categories outlined below (a” Category Prize”) where the Category Prize shall be a Lincoln Electric 180 Amp Weld-Pak 180 HD Mig Wire Feed Welders (valued at USD $669 each) or an item similar in nature and value and
  2. 1 grand prize (the “Grand Prize”) for the assessed best overall metal project entry submitted from each of Canada, the United States and the United Kingdom, consisting of a Hypertherm Powermax30 XP Hand Plasma System ($1,960 USD) or an item similar in nature and value.

b. There will be 6 categories designed to encompass the majority of the Entries. If a metal project does not fall into one of the categories below it will not be eligible for a Category Prize but that entry will be eligible for the Grand Prize.

  1. Automotive or Vehicle Projects:  Includes, but is not limited to, car restorations/modifications, engine work, trailer and camper builds, plane builds or restorations, boat builds or restorations, motorized scooter, bike and buggy builds, and otherwise.
  2. Art and Miscellaneous Design Projects: Includes, but is not limited to, jewelry, statues, sculptures, and other projects that have aesthetic designs that do not fall into the other categories such as guitars, computer cases and otherwise.
  3. Knife Projects:  Includes, but is not limited to, any type of knife or blade, created either for practical use or other purposes, and otherwise.
  4. Furniture Projects:  Includes, but is not limited to outdoor and indoor furniture such as tables, chairs, shelves and otherwise.
  5. Backyard and Home Projects:  Includes, but is not limited to, BBQs, smokers, staircases and railings, interior and exterior home renovations, fire pits and otherwise.
  6. Industrial or Shop Projects:  This includes, but is not limited to, shop equipment and tool builds, larger scale construction projects or specific aspects of those projects, equipment and tool repair or modification and otherwise.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner Selection and Notification:

a. Winners will be selected to receive a Prize by selection and assessment of a selection committee consisting of Metal Supermarkets employees or designates where this panel shall assess each entry relative to the aforementioned categories or relative to all Entries. The selection shall be based on considerations given to project complexity & intricacy, aesthetics, creativity, uniqueness, scale, ingenuity, quantity of metal used and otherwise.

b. Winner(s) will be notified by email within five (5) days following selection of Winner. Metal Supermarkets shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, provincial and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AS DETERMINED AT METAL SUPERMARKETS‘ SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by You:
a. By entering this content (e.g., photo, video, text, etc.), You understand and agree that Metal Supermarkets, anyone acting on behalf of Metal Supermarkets, and Metal Supermarkets’ licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.

b. By entering this content, You represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Metal Supermarkets. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Metal Supermarkets from and against any suit, proceeding, claims, liability, loss, damage, costs and expense, including legal fees, which Metal Supermarkets may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

9. Terms & Conditions:  Metal Supermarkets reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Metal Supermarkets’ control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Metal Supermarkets may select the Winner of the Grand Prize from all eligible entries received prior to and/or after (if appropriate) the action taken by Metal Supermarkets. Metal Supermarkets reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. Metal Supermarkets has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Metal Supermarkets reserves the right to seek damages to the fullest extent permitted by law.

10. Limitation of Liability:  By entering, You agree to release and hold harmless Metal Supermarkets and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion of the Contest; or (v) electronic or human error in the administration of the Contest or the processing of entries.

11. Disputes: THIS Contest IS GOVERNED BY THE LAWS OF Canada and all of its provinces but for Quebec, the laws of the United States and all of its various states, and the laws of the United Kingdom WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and all causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the province of Ontario having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Metal Supermarkets website. Use the following links to read the Privacy Policy, for North American residents, or UK residents.

13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Metal Supermarkets, 520 Abilene Drive, Mississauga, Ontario L5T 2H7, Canada. Requests must be received no later than February 28, 2019 4pm ET.

14. Sponsor:  You hereby acknowledge and agree that any named or unnamed sponsor of the Contest assumes no liability relative to the operation of the Contest or any damages that may accrue relative to its operation.

15. Facebook:  The Contest hosted by Metal Supermarkets is in no way sponsored, endorsed, administered by, or associated with Facebook.