The Great Fence Giveaway
Rick’s Custom Fencing & Decking, Inc.
9120 Clearwater Avenue
Kennewick, WA 99336

 

1. No purchase necessary: Participation in the contest hosted by Rick’s Custom Fencing & Decking, Inc. (“Rick’s”) does not require a purchase or payment of any kind, and any purchase will not increase your nominee’s odds of winning.

 

2. How To Enter: Beginning on April 1, 2024, at 8 a.m. PDT and through April 23, 2024, at 11:59 p.m. PDT, log on to www.ricksfencing.com/greatfencegiveaway and follow the on-screen nomination instructions to nominate a deserving person (the nominating party, an “entrant” and the nominated party, a “nominee”). Fill in all required information. Use of any robotic, automatic, programmed, or similar methods for nominating, or voting more than the number of times permitted, will void all entries and result in disqualification. You may not nominate a person more than once by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.

 

3. Void Where Prohibited: This contest offer is void where prohibited by international, federal, state, or local law. Check your local laws to ensure eligibility.

 

4. Eligibility: Entrants must be United States residents, and nominees must be legal residents of Washington state. To be eligible to win, a nominee must (a) own a home with a backyard, having a legal address in ZIP code 99336, 99337, 99338, 99352, 99353, 99354, 99301, 99362, 99320, or 99350; and (b) have adequate rights to make improvements to the property sufficient to use the prize, if awarded. THIS OFFER IS VOID IN ALL OTHER AREAS.

 

5. Minimum Age: Entrants and nominees must be 18 years of age or older.

 

6. Household Limitation: Nominee cannot be within your own household. You may nominate only one person per household.

 

7. Affiliation Restriction: Employees, agencies, representatives, and affiliates of Rick’s Custom Fencing & Decking, Inc., or K H Q, Incorporated (KNDU), and immediate families thereof, are not eligible.

 

8. Affidavit of Eligibility and Release: Rick’s will attempt to contact nominees using the information provided in the nomination. To be eligible to advance to the voting phase of the contest, each nominee must agree to these terms, sign an affidavit of eligibility certifying nominee meets the eligibility requirements described herein, and sign a release giving Rick’s and KNDU permission to use, without restriction, nominee’s name, photo, image, likeness, story, biographical details, voice, and other information provided in connection with the contest and related news broadcasts for promotional and advertising purposes, without additional compensation.

 

9. Winner Selection Process: From the pool of nominees, Rick’s will select up to 25 eligible nominees who have agreed to these terms and executed the required media release and affidavit of eligibility. The selected 25 nominees will then be announced online at ricksfencing.com/great-fence-giveaway and on KNDU for purposes of public voting. The published nominee information will include each nominee’s name, city of residency, photos, and any story submitted in connection with their nomination. Round 1 of voting begins May 1, 2024, at 8:00 a.m. PDT and ends May 15, 2024, at 11:59 p.m. PDT. After round 1 of voting, the top 10 nominees by vote will advance to round 2, and these finalists will be announced on the aforementioned webpage and KNDU. Round 2 of voting begins May 20, 2024, at 8:00 a.m. PDT and ends May 31, 2024, at 11:59 p.m. PDT. After round 2 voting is finished, on or before June 5, 2024, Rick’s will select and notify a first-place finisher of their eligibility to be named the winner.

 

10. Limits on Voting: Voting will be limited to one vote daily per verified email address per nominee. You can vote for up to 5 different nominees each day.

 

11. Judging and Voting Criteria: Voting should be based upon a holistic consideration of the following factors: (1) the potential impact of a backyard project for the nominee; (2) the compelling nature of the nominee’s story; (3) the community impact of the nominee, or potential community impact of a project provided to the nominee; (4) any potential environmental benefit of the nominee winning the project; (5) the need and deservingness of the nominee; (6) the nominee’s creative vision for a project (if applicable); (7) the potential family and personal benefit of a project; (8) the presentation of the nominee’s story; (9) the potential “before and after” impact of a potential project; and (10) adherence to the contest rules. The backyard experts at Rick’s will apply the same criteria in determining a winner, also affording substantial weight to the outcome of public voting. Rick’s reserves the right to exercise its expert discretion, taking the foregoing factors into consideration, to determine the winner of The Great Fence Giveaway. Winners of the public vote may or may not be selected.

 

12. Changes to Contest: Rick’s reserves the right to cancel the contest at any time. All prize award decisions are final. The decisions of Rick’s management are final.

 

13. Release and Hold Harmless: Winner must agree to release and hold harmless Rick’s Custom Fencing & Decking, Inc., and its affiliates, agencies, advertisers, sponsors, licensees, and immediate families from claims, liabilities, or legal actions which may arise as a result of or related to accepting and/or using a prize won in the contest.

 

14. Prize Details: Prize is one (1) $5,000 voucher from Rick’s for use toward the cost of services and materials to be provided solely by Rick’s for a backyard project of the winner’s choosing, at the location identified in the entry, subject to Rick’s standard terms and conditions of sale. Limit one prize per family or household. No substitution or transfer of prize permitted by winner. Cannot be combined with other promotions or discounts. Voucher can not be used towards permits, fees, or taxes associated with the final product. Voucher must be used within 6 months of winner notification.

 

15. Winner Announcement Notice: The sole winner of the contest will be published on the Rick’s website and broadcast on KNDU. Nominees will be required to agree to be featured on the Rick’s website and to appear on KNDU for voting purpose and to show receipt of the prize (if applicable).

 

16. Time to Claim Prize: Winner must present a photo id (driver’s license, passport, etc.) before prize will be distributed. A prize not claimed in thirty (30) days of initial contact by Rick’s will be forfeited, and the prize will be re-awarded to the second-place finisher as determined by Rick’s in accordance with the criteria set forth herein.

 

17. No Financing: Prize may not be combined with financing offers.

 

18. No Exchange: Prize is non-exchangeable, non-transferable, and non-redeemable for cash or any other prize, and must be accepted as awarded.

 

19. Tax Responsibility: Winners are responsible for any and all federal, state, and local taxes, as well as any permits or fees associated with prize receipt and/or use. Consult with a tax advisor to understand your obligations.

 

20. Insurance: Any applicable insurance costs are the responsibility of the winner.

 

21. Privacy Policy: Information collected is subject to Rick’s privacy policy, available at https://www.ricksfencing.com/privacy-policy/.

 

22. WAIVER OF LIABILITY: BY AGREEING TO THESE TERMS YOU IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF PRIVACY RIGHTS, AND VIOLATION OF RIGHTS OF PUBLICITY, AS WELL AS ANY PHYSICAL OR EMOTIONAL INJURY OR DISTRESS (COLLECTIVELY, “CLAIMS”) ARISING DIRECTLY OR INDIRECTLY FROM RICK’S CUSTOM FENCING & DECKING, INC.’S EXERCISE OF RIGHTS UNDER THIS AGREEMENT OR RELATED TO ANY ASPECT OF THE CONTEST, THE PRIZE, THE NOMINATION AND VOTING PROCESS, AND THESE TERMS AND CONDITIONS.

 

23. Indemnification: Entrants and nominees hereby agree to indemnify, defend, and hold harmless Rick’s Custom Fencing & Decking, Inc., its subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all Claims resulting from any actual or alleged third-party claims related to copyright infringement, privacy, rights of publicity, or any other statutory or common law violation associated with the actions, entries, or participation of such entrants or nominees in this event. Rick’s Custom Fencing & Decking, Inc. shall promptly notify the entrants and nominees of any such claims and the entrants and nominees shall cooperate fully in the defense against such claims. Rick’s Custom Fencing & Decking, Inc. retains the right to assume the exclusive defense and control of any matter subject to indemnification under this clause, in which the indemnitor shall cooperate with Rick’s Custom Fencing & Decking, Inc. in asserting any available defenses. Indemnification herein does not imply any admission of guilt or wrongdoing by the indemnitor. This indemnification obligation shall survive the expiration or termination of the event or agreement and is irrevocable, non-terminable, and cannot be rescinded or amended, in whole or in part. All settlements involving claims covered by this indemnification must be consented to by Rick’s Custom Fencing & Decking, Inc., consent not to be unreasonably withheld.

 

24. Choice of Law: All matters arising out of or relating to this contest or these terms are governed by, and construed in accordance with, the laws of Oregon, without giving effect to any conflict of laws provisions thereof. Each nominee and entrant agrees that any legal suit, action, or proceeding arising out of or relating to this contest or these terms shall be brought exclusively in the applicable federal or state courts located in Portland, Oregon.

 

25. No Liability for Equipment: Rick’s is not responsible in the event of any technical difficulties with any equipment or telecommunications services, including computer equipment, website hosting, and internet connectivity, during any and all contests.

 

26. Force Majeure: Rick’s is not responsible for any events beyond its control (acts of God, etc.) In the event of unforeseen circumstances beyond our control, we will aim to resolve the impact on the contest fairly and transparently.