Contest Rules

Official Rules

1. Francis Harvey & Sons, Inc (FHS) will award one (1) grand prize, at the end of the prize period. The prize period begins on January 01, 2010 and, ends no later than, December 31, 2010. FHS’ computer shall be the official time keeping device for this promotion. The prize winner will be determined from a random drawing of all entries received during the prize period. The odds of winning the prize is determined by the number of entries received prior to the time of the prize drawing. FHS reserves the right at its sole discretion to suspend, modify, or terminate this promotion without notice at any time. The prize winner will be notified by certified mail within fifteen (15) days of the drawing. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. All prizes will be awarded.
   
       
2. No purchase is necessary to participate in this promotion, and you do not have to submit to a sales presentation. Void where prohibited by law, rule, or regulation. You may enter this promotion by (i) visiting www.FrancisHarvey.com (ii) completing an online entry form, completing an entry form and returning it to the drop box where you obtained it, or be mailing it back to FHS at the address below, or (iii) printing your name and your complete address on a 3”x5” card, writing the words “FHS $25,000 Home Improvement Giveaway” at the top, and mailing the card to FHS at its address below. Mailed entries must be postmarked by December 15, 2010. No more than one (1) entry per household is allowed. FHS is not responsible for any illegible, misplaced, damaged, or late entries. If applicable, the address listed on each entry form must be the address where the prize is to be installed if such entry is selected as the prize winner.
   
       
3. Promotion entrants must (i) be legal residents of Massachusetts (ii) be eighteen (18) years of age or older as of the time of entering this promotion, (iii) own their own home in the geographic area in which FHS is permitted to install product(s) at the winner's location, and (iv) own their own home that is in a suitable condition (as determined by FHS or its designees) for installation of the prize (including compliance with local building codes and regulations). FHS cannot install at commercial structures. Employees, officers, and directors of (your company name), its affiliates, subsidiaries, co-branded partners, consultants, contractors, advertising, public relations, promotion, fulfillment and marketing agencies, and their immediate families (and those living in their same households) are not eligible to participate in this promotion.
   
       
4. The prize winner will receive $25,000 of FHS products and services (including installation labor)   to be selected by the prize winner. The maximum retail value of the Grand Prize is $25,000 including installation labor. The cash value of the Grand Prize is $25,000 including installation labor. Notwithstanding anything to the contrary in these Rules, if the prize winner has purchased products from FHS within the preceding one year (as measured from the date of drawing), the prize winner may choose to receive (only) the published retail value of the product(s) purchased in the preceding one year. Any costs in excess of the stated maximum retail value for a prize shall be the sole and exclusive responsibility of the prize winner. All expenses not specifically provided for are the sole responsibility of the prize winner. Prizes are not transferable by the prize winner and must be installed (if applicable) at the address listed on the winning entry form. Installation (if applicable) must be provided by FHS personnel or FHS’ designee. Prizes are subject to availability and may be subject to black-out dates. Installation (if applicable) is subject to the terms and conditions of FHS standard installation guidelines. Acceptance of a prize may require entering a standard contract or purchase order for the goods and services to be provided, as required by state law.
   
       
5. The site where the prize is to be installed (if applicable) must be in suitable condition (e.g., no water, mold, structural damage). Any waterproofing, remediation, or other repairs necessary for proper installation (as deemed by FHS or its designees in their sole discretion) must be performed at the prize winner’s expense prior to installation. Installation labor does not include painting, staining, floor coverings, lighting, or HVAC systems. No transfers, substitution in prizes, or cash will be allowed except by FHS, who may substitute a prize of equal or greater value in its sole or absolute discretion. Upon installation/delivery of a prize, FHS will be deemed to have awarded the prize to the prize winner with the prize winner assuming full ownership and responsibility for the prize. A prize winner must arrange for prize installation/delivery no later than one (1) month following the award of the prize and installation/delivery must occur and be completed within six (6) months of confirmed notification.
   
       
6. If a prize winner receives FHS professionally installed product, the prize winner understands and agrees to allow the use of his or her home for (1) a showcase open house, to be scheduled by an FHS representative at a mutually convenient time.
   
       
7. The prize winners must comply with all instructions in the prize notification correspondence, including the completion of an affidavit of eligibility and liability/publicity release, and return both within fourteen (14) days of the date on the prize notification correspondence as well as have met all of the eligibility requirements set forth within these Official Rules; otherwise the prize will be forfeited and an alternative prize winner will be selected. Acceptance or use of a prize constitutes permission for FHS and its affiliates to use recipients name and likeness for advertising and promotional purposes without compensation, unless otherwise prohibited by law.
   
       
8. Liability for any applicable taxes, including all federal, state, and local taxes and/or other fees that may apply to prizes are the sole responsibility of the prize winner. Any required tax reporting forms will be furnished to the Internal Revenue Service.
   
       
9. Entries that are lost, late, illegible, or incomplete for any reason will not be eligible. FHS reserves the right to modify or terminate this promotion at any time or disqualify any entry in good faith. In the event of a dispute concerning the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the winning home is titled.
   
       
10. By participating in this promotion, you agree to release, discharge, and hold harmless FHS, its affiliates, co-branded partners, subsidiaries, retailers, agencies, and their respective officers, directors, employees, and agents, from any damages that may arise out of participation in the promotion in any way or out of the acceptance, use, misuse, or possession of a prize. By entering into this promotion, you agree that any and all disputes, claims, or controversies (hereafter referred to as a “Claim”) arising under or relating to this promotion, including the validity or enforceability of this arbitration provision, shall be subject to binding arbitration to be determined by one (1) arbitrator, in accordance with and pursuant to the then prevailing Consumer Arbitration Rules of the American Arbitration Association (“AAA”), to be held and arbitrated in the judicial district in which you live at the time of your entering into this promotion. You agree that you will not assert a Claim on behalf of, or as a member of, any group or class. The findings of the arbitrator shall be final and binding on all parties. Each party shall be responsible for its own fees and costs. This agreement to arbitrate, and any award or verdict will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of the demand for arbitration will be filed by the party asserting the Claim with AAA. The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. Any arbitration proceeding and any award or verdict shall remain confidential between the parties and shall not be made public.
    
       
11. For a winners’ list, mail a self-addressed, stamped envelope within thirty (30) days following a prize period to Francis Harvey & Sons, Inc., 238 Shrewsbury Street, Worcester, MA 01604 including a request for the winners’ names. To stop the mailing of future sweepstakes related materials from FHS, please send a written request to Francis Harvey & Sons, Inc., 238 Shrewsbury St., Worcester, MA 01604.
    
       
12. This promotion is conducted in English (which will be given its everyday ordinary meaning). This promotion is sponsored by Francis Harvey & Sons, Inc., 238 Shrewsbury St., Worcester, MA 01604 and governed by the laws of Massachusetts, United States.