TopBuild Corp. Gift Card Sweepstakes

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. SWEEPSTAKES (“SWEEPSTAKES”) BEGINS AT 12:00 A.M. PACIFIC TIME (PT) ON NOV. 1, 2023, AND ENDS AT 11:59 PM PT ON NOVEMBER 21, 2023 (“PROMOTION PERIOD”).

1. HOW TO ENTER:

            a. To enter, provide your name and email address on the survey form provided to you, fill out the survey entry form answering the included questions, and submit the survey entry form on the designated Internet link.  All entries must be received by 11:59 PM PT on November 21, 2023.  LIMIT ONE ENTRY PER PERSON PER HOUSEHOLD THROUGHOUT THE PROMOTION PERIOD.

            b. Entries become the property of TopBuild Corp., a Florida corporation (“Sponsor”) and will not be acknowledged or returned. Proof of submission is not proof of receipt by Sponsor. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such method. Entrants, as defined below, may not register with multiple email addresses nor may Entrants use any other device or artifice to enter multiple times or as multiple Entrants.  Any Entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter/play multiple times during the Promotion Period may be disqualified and forfeits any and all prizes won, in Sponsor’s discretion.  In the event of a dispute as to the identity of an Entrant, such entry will be deemed made by the person named on the entry form. Only one person’s name may be stated on the entry form. Any entries not in compliance with these Official Rules will be disqualified.  By entering, Entrants agree to be bound by these Official Rules.

2. ELIGIBILITY: Sweepstakes is open to legal residents of the state of the United States of America who are eighteen (18) years of age and older (“Entrants”). Employees, officers and representatives of the Sponsor, Fratzke LLC (“Administrator”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above for the past five (5) years (collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law.  (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed a Prize Winner (as defined below)).

3. PRIZE VALUE/ODDS: FOUR (4) WINNERS: At the end of the Promotion Period, the four (4) Entrants will be drawn at random by the Sponsor or the Administrator and each shall receive a gift card valued at Two Hundred Fifty Dollars ($250) for use at Amazon.com.  Odds of winning a gift card depend on the total number of eligible entries received during the Promotion Period.  Any US resident winning over $600.00 USD in aggregate prizes from Sponsor will receive an Internal Revenue Service (“IRS”) Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. If required by law, as determined by Sponsor in its sole discretion, Sponsor reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due.  Sponsor also reserves the right to require all winners of prizes with a value of greater than $600.00 USD to submit an IRS Form W-9 prior to being deemed eligible to receive the respective prize.

4. NOTIFICATION: Each winner will be notified by e-mail or regular US mail at the address provided during the entry process. Each winner notification email will provide directions to the potential winner to respond to the email with a preferred mailing address within five (5) days from the date of notification. Each winner has fifteen (15) days to pick up the gift card.

5. GENERAL PRIZE RESTRICTIONS: Prizes are non-transferable. No prize substitution or cash equivalent allowed except by the Sponsor who reserves right to award a prize of equal or greater value should a prize or prize component become unavailable. If potential winner does not respond to the winner notification within fifteen (15) days from the date of notification, if prize notification is returned as undeliverable, or if winner is otherwise disqualified for any reason, the corresponding prize will be forfeited and awarded to an alternate winner selected from all eligible entries received. Released Parties are not responsible for any change of e-mail or mailing address of Entrants.  A prize (or any portion thereof) may not be sold, traded, transferred, assigned, refunded or redeemed for cash.

6. OTHER CONDITIONS:

            a. All Entrants, as a condition of entry into the Sweepstakes and/or participation in any prize agree to release and hold harmless  Sponsor, affiliates, directors, employees, officers and agents, including without limitation, their advertising/promotional agencies, sweepstakes administrators, and their respective employees and agents from and against any and all liability, claims, or actions of any kind whatsoever for damages, or losses, including but not limited to personal injury or death to persons or property which may be sustained in connection with accessing the Sweepstakes website, submitting an entry or otherwise participating or attempting to participate in any aspect of the Sweepstakes; or for the awarding, receipt, possession, or use, or misuse of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity;  and/or for any typographical or other error in these rules or the administration of the Sweepstakes.  If furtherance of the foregoing, all Entrants waive the provisions of California Civil Code Section 1542 (and any other law affording substantially the same rights) which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Winners shall bear all risk of loss or damage to their respective prizes after delivery.  Winners acknowledge that the Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize.  Released Parties are not responsible for any typographical or other error in printing, advertising, offering or announcement of prizes. Headings of sections in these Official Rules are for convenience only and shall have no interpretive effect.

            b. By accepting a prize, prize winners shall grant the Sponsor the right to print, publish, broadcast and use for public relations, advertising and promotional purposes as may be determined by Sponsor, in any media now known or hereinafter known (including without limitation use online at www.topbuild.com, and other affiliated websites) their name, address, voice, statement, picture or other likeness, without additional compensation, except where prohibited.

            c. By entering, Entrant acknowledges compliance with these Official Rules, including all eligibility requirements.

            d. Released Parties are not responsible for: (i) entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by the Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone, cable or satellite transmissions, damage to Entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the transmission, receipt or processing of the entries; or (iv) any entries submitted in a manner that is not expressly allowed under these Official Rules. All incomplete or non-conforming entries will be disqualified.

            e. If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any Web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries per these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify, extend, or suspend this Sweepstakes. In the event this Sweepstakes is cancelled, Sponsor reserves the right to conduct a random drawing to award the prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation.

7. DISPUTES: Unless prohibited by law, as a condition of participation in this Sweepstakes or a prize awarded by this Sweepstakes, each Entrant agrees that any dispute, controversy or claim arising out of or relating to (i) this Sweepstakes, (ii) the awarding or redemption of any prize, (iii) participation in any prize-related activities; and/or (iv) the determination of the scope of applicability of these Official Rules or their enforcement or interpretation shall be resolved individually, without resort to any form of class action, and by final and binding dispute resolution under the rules of the American Arbitration Association; and further that any dispute resolution proceeding will take place in Daytona Beach, Florida.  Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, others than Entrant’s out-of-pocket expenses, and Entrant further waives all rights to have damages multiplied or increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Released Parties in connection with this Sweepstakes shall be governed by and construed in accordance with the substantive laws of the State of Florida without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

8.OPTING OUT OF MARKETING AND PROMOTIONAL COMMUNICATIONS: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us at [email protected]. You will then be removed from the marketing lists. However, we may still communicate with you – for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. 

9. PRIVACY POLICY: Information provided by you to participate in this Sweepstakes is subject to the Sponsor’s privacy policy located at https://d1io3yog0oux5.cloudfront.net/topbuild/files/pages/Website_Privacy_Policy.pdf.