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NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. The “Holiday
Giveaway” is sponsored by Winsupply. (“Sponsor”). This promotion is governed by these official rules (“Official Rules”). This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, or YETI® Coolers. Any questions, comments or complaints regarding the Promotion should be directed to Sponsor, not Facebook.
Eligibility: The Promotion is open only to customers (or employees of customers) and prospective customers of Winsupply Companies who are legal US residents, who are at least eighteen (18) years old, and have reached the age of majority in their jurisdiction of residence at the time of entry (“Entrant”). The submission period begins at 12:01 a.m. (CST) on December 1st, 2017 and ends at 11:59 PM (CST) on December 30th, 2017. Void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law. Contest is subject to federal, state and local laws and regulations. All aspects of this contest, including scheduling and the awarding of prizes are subject to force majeure (Acts of God). Participants agree to release, discharge and hold harmless Winsupply Inc., its affiliates, employees, officers, directors, assignees, successors and prize suppliers from damages arising out of the acceptance, use, misuse or possession of prizes received during this contest.Proof of residency and age may be required. Employees and directors of Winsupply, Inc., and their subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Promotion and the immediate family and household members of such individuals, are not eligible to enter. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not.
How To Enter:In order to be entered to win a YETI® Cooler, you must fully comply with the Official Rules and, by participating therein, you represent and warrant that you agree to be bound by these Official Rules and the decisions of Sponsor, whose decisions shall be binding and final in all respects relating to this Promotion. Provided these conditions and the conditions set forth below are met, one (1) Entrants may win one (1) YETI® Cooler.
Enter by clicking “Like” on www.facebook.com/Winsupplyinc to follow the Facebook page and by clicking “Share” and sharing the “Holiday Giveaway” Winsupply Facebook Post on timeline.
One (1) qualifying Entry will be selected at random from all entries to date on December 21, 2017 and winners will be announced on Winsupply Facebook page and contacted by private message feature.
Odds of winning depend upon the number of eligible entries received prior to the prize drawing date.
Prize: Winners will receive One (1) YETI® Cooler. Total value of each Prize is $400 (suggested retail price)
All Federal, State and Local taxes are the sole responsibility of the winner. Winner will be identified by two forms of Identification, with at least one a photo I.D. Prize is not exchangeable or otherwise transferable or redeemable. By participating, Entrants agree to the use of their name and/or likeness for advertising and publicity purposes without additional compensation and to abide by the official rules and decisions of the official judges which shall be final in all respects. After notification, winner is required to sign and return an affidavit of eligibility and release of liability and consent to publicity before receiving the prize or it will be forfeited.
WINNERS LIST AND/OR OFFICIAL RULES: To obtain a copy: send a self-addressed, stamped envelope to Winsupply, 3110 Kettering Blvd. Dayton, OH 45439 Attn: Marketing - Winners List (or) Official Rules
By installing, copying, or otherwise using the System, you agree to be bound by the terms and conditions in this Agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SYSTEM.
WinWholesale has taken steps to provide that information made available on the System is accurate. However, WinWholesale does not warrant or guarantee that information made available on the System is accurate, complete, or current. WinWholesale is not responsible if information made available on the System is not accurate, complete, or current. The material on the System is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the System is at your own risk.
USE OF SYSTEM
The System includes software owned by WinWholesale and software licensed to WinWholesale, and is protected by United States’ and international copyright laws and treaties, as well as other intellectual property laws and treaties. The System is licensed to you, not sold, subject to the terms of this Agreement. Subject to the terms of this Agreement, WinWholesale grants you a limited, non-exclusive, non-transferable license (without the right to sublicense) to the System, on your computer, handheld and/or mobile device or workstations, for your internal personal or commercial purposes.
You are specifically prohibited from making any copies of the System, from charging for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written signed permission from WinWholesale. You shall not rent, lease, copy, modify, or translate the System, or create derivative works based on the System. You shall not reverse engineer, decompile, or disassemble the System.
All content on the System, including without limitation documents, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof (the “Content”), is the exclusive property of and owned by WinWholesale, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You shall not modify or delete any copyright, trademark, or other proprietary notice that appears on any material you access, download, or print. Any other use of Content on the System, including without limitation the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the System, or use of the System for purposes competitive to WinWholesale, is expressly prohibited. You agree to abide by all additional restrictions displayed on the System as it may be updated from time to time. WinWholesale reserves the right to refuse or cancel any person’s registration for the System, remove any person from the System or prohibit any person from using the System for any reason whatsoever. WinWholesale, or its licensors or content providers, retain full and complete title to the material provided on the System, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in WinWholesale’s sole discretion. WinWholesale neither warrants nor represents that your use of materials on the System will not infringe rights of third parties not affiliated with WinWholesale.
You shall not use the System or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of WinWholesale or others.
Trademarks, logos and service marks displayed on the System are registered and unregistered trademarks of WinWholesale, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the System shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the System without the owner’s prior written permission, except as otherwise described herein. WinWholesale reserves all rights not expressly granted in and to the System and its Content.
If you are asked to register your use of the System, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WinWholesale has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WinWholesale has the right to suspend or terminate your account and refuse any and all current or future use of the System (or any portion thereof).
PASSWORDS AND ACCESS
You acknowledge that you are responsible for any information you might submit via the System. You shall not use a false email address or other identifying information or impersonate any person or entity.
You may create a username and password to access the System. You should not disclose the password to any other person or entity. You shall not circumvent, or attempt to circumvent, any license management, security devices, access logs, or other measures provided in connection with the System, or permit or assist any other person or entity to do the same.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password, account or any subaccount. You agree to (a) immediately change your password in the event of any breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that the terms of this Agreement shall be binding upon and govern the relationship between WinWholesale and any third party to whom you might grant access to your account. You further agree to take any and all action necessary to ensure compliance with, and enforce the terms of, this Agreement, and to indemnify WinWholesale for any and all costs, damages, losses or expenses incurred in respect of such third party user. WinWholesale cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
WinWholesale and its Suppliers might collect information relating to you and your use of the System, including applicable Registration Data, in order to provide services and features that are easy to use and responsive to your needs. You understand that through your use of the System you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by WinWholesale and its Suppliers.
We use the term “Consumer Information” to refer to anonymous information relating to you or your use of any portion of our System. We use Consumer Information for a wide variety of purposes, including to enhance the System, to provide you with customer service and to make a wider range of products and services available to you. We also use your Consumer Information in aggregate, anonymous form to better understand how consumers use our System, which Services they use, and who is likely to be interested in receiving certain other services, and for various other business purposes.
In the event that you contact us for customer support, we may also request that you provide contact information or service information relevant to the support requested by you. You are under no obligation to provide such information. However, we cannot guarantee that we can provide customer support in the event that relevant information related to the use of the System is not provided. We may retain communications relating to customer support, and information drawn from such communications, for statistical and reference purposes.
We may disclose aggregated, anonymous Consumer Information, and analyses and reports derived from such information, to third parties including our service providers, Suppliers, advertisers, merchants, consumer and market research companies and other organizations.
FEEDBACK AND SUGGESTIONS
We encourage feedback and suggestions about the System. Feedback and suggestions can be submitted on the Site or via the Mobile App. If you submit feedback or suggestions, and unless we indicate otherwise, you grant WinWholesale an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such feedback or suggestions throughout the world in any media. You further agree that WinWholesale is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to WinWholesale.
3RD PARTY LINKS
The System may contain links to other websites, some of which are operated by WinWholesale and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. WinWholesale is not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Links from the System to any other website do not mean that WinWholesale approves of, endorses, or recommends that website. Different terms and conditions may apply to your use of any linked websites. WinWholesale is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.
WARRANTIES/ LIMITATION OF LIABILITY
YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. THE SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WINWHOLESALE RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SYSTEM OR ANY FEATURE OR PART THEREOF AT ANY TIME. WINWHOLESALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SYSTEM ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SYSTEM WILL BE SECURE; THAT THE SYSTEM OR THE SERVER THAT MAKES THE SYSTEM AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SYSTEM WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SYSTEM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WINWHOLESALE OR THROUGH OR FROM THE SYSTEM SHALL CREATE ANY WARRANTY OF ANY KIND.
WINWHOLESALE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SYSTEM IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MIGHT NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MIGHT NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SYSTEM IS AT YOUR OWN RISK AND THAT THE SYSTEM IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WINWHOLESALE NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SYSTEM, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE SYSTEM OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SYSTEM, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SYSTEM, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WINWHOLESALE OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH WINWHOLESALE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND WINWHOLESALE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SYSTEM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED, AND YOU HEREBY WAIVE ALL CAUSES OF ACTION NOT COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
You agree to indemnify, defend and hold harmless WinWholesale and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the System and any violation of this Agreement. If you cause a technical disruption of the System, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. WinWholesale reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with WinWholesale in the defense of such matter.
The laws of the State of Ohio, United States govern this Agreement and your use of the System, and you hereby irrevocably consent to the exclusive jurisdiction of the courts located in the State of Ohio for any action arising out of or relating to this Agreement. WinWholesale recognizes that it is possible for you to obtain access to the System from any jurisdiction in the world, but we have no practical ability to prevent such access. This System has been designed to comply with the laws of the State of Ohio and of the United States. If any material on this System, or your use of the System, is contrary to the laws of the place where you are when you access it, the System is not intended for you, and we ask you not to use the System. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
CHANGES TO TERMS
WinWholesale may add to, change, or remove any part of this Agreement at any time, without notice. Any changes to this Agreement or any terms posted on this System apply as soon as they are posted. By continuing to use this System after any changes are posted, you are indicating your acceptance of those changes. WinWholesale may add, change, discontinue, remove, or suspend any other Content posted on this System, including features and specifications of products described or depicted on the System, temporarily or permanently, at any time, without notice and without liability. It is your responsibility to check this Agreement periodically for changes. Your continued use of the System following the posting of changes will mean that you accept and agree to the changes.
This agreement and any policies or operating rules posted on this System constitute the entire agreement and understanding between you and WinWholesale with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the System to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.