Atkore Design Contest Official Rules
The Atkore Design Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. By participating in this Contest, you are providing your signature, consent and agreement to receive emails from Atkore International, Inc., the Sponsor of this promotion. Participation constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules. By participating in this Contest, you are providing your signature, consent and agreement to receive emails messages from Atkore International, Inc., the Sponsor of this promotion.
ENTRY PERIOD: The Atkore Design Contest (“Contest”) begins on May 8, 2023, at 12:00 am Eastern Time (“ET”) and ends on July 14, 2023, at 11:59 pm ET ("Contest Period"). Contest is sponsored by Atkore International, Inc.
SPONSOR Atkore International, Inc. 16100 South Lathrop Avenue Harvey, IL 60426 (the “Sponsor”).
ADMINISTRATOR Momares, LLC at SweepPea.com (the “Administrator”).
ELIGIBILITY The Contest is open only to natural persons who are legal residents of, and physically residing in, one of the 50 United States, including D.C., and who are 18 years of age or older or have reached the age of majority in their state of residence, and are employed as full-time Trade Professionals involved in the designing of projects using Autodesk Revit® software as of the Contest Start Date ("Entrant"). THIS CONTEST IS NOT OPEN TO THE GENERAL PUBLIC. Persons in any of the following categories are not eligible to participate or win a Prize: (a) persons who are officers, directors, employees, or agents of Atkore International, Inc., Dorn Group, Inc., Momares, LLC., and their respective parent companies, affiliates, divisions, prize providers, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations (“Contest Entities”); (b) suppliers, distributors or retailers of Sponsor’s products; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Contest; or (d) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories. All federal, state, and local laws and regulations apply. For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings, and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. This Contest is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign-based United States military installations and wherever restricted or prohibited by law.
HOW TO ENTER During the Contest Period eligible Entrants may enter the Contest in the following way: (”Entry Method”):
As part of your Entry (as defined below), you will be required to submit a design (“Design”) that represents an office furniture piece(s) using one or a combination of Atkore products like; unistruts, cable trays, conduits, and /or fittings. The Design furniture piece could be (but not limited to) a picnic table, desk, chair, lights, coffee table, shelves, bench, or generally acceptable office furniture piece(s). The Design must be unique, creative, and functional and the design elements must be composed of at least 70% Atkore products. The outside boundaries of the Design shall not exceed 42” X 96”. The Submission must not contain or reference the likeness or image of any person(s) or include proprietary products of an Atkore competitor. Design submissions with Professional Designs watermarks are not eligible. To enter the Contest, during the Contest Period, complete the entry form at https://www.atkore.com/designcontest/ (the “Website”) and submit your Design to atkoreBIMtoolbar@atkore.com (“Entry”). To be eligible to participate, the Design submission must contain two (2) high-resolution renderings on a white background, showing the design in .JPEG, .PNG, or .PDF file format up to 10 MB in file size. As part of the entry submission, the Design must include a description between 75 to 150 words explaining the Design’s concept and function. Note: The top 5 Contest finalist will be required to submit an additional project summary and .RVT file up to 10 MB in file size and maybe contacted by the Sponsor or Administrator requesting additional high-resolution documents as determined by the Sponsor. If any documents deemed relevant to the judging of the submission are requested from the Participant by the Sponsor or Administrator, the Participant must satisfy the request, or the Participants may be disqualified at the Sponsor’s sole discretion. All Entries become the property of Sponsor and will not be acknowledged or returned. You must submit the Design and other required supporting elements (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Contest Entities the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Contest Entities and that the Contest Entities’ reproduction, publishing, displaying, and /or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Submission must not contain or reference the likeness or image of any person or competitor of Atkore. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, disparaging, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and /or deleted from the Website and the submission will not provide entrant an Entry into the Contest. After receipt of the Entry, Sponsors or their representatives will notify entrant(s) if their Submission is accepted or rejected. Entrants whose Submissions are rejected may receive additional opportunities to submit an Entry, at Sponsor’s sole discretion. Entries must comply with all applicable laws, rules, and regulations. Contest Entities shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
SUBMISSION PERIOD: Entries must be received before July 14, 2023, at 9:00 AM ET to be eligible for the Contest (“Submission Period”). Sponsor’s computer shall be the official timekeeper for all matters related to this Contest. You may enter one (1) time during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, are void and will not be accepted. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and /or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY. NOT ALL MOBILE TELEPHONE /WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO ENTER VIA TEXT MESSAGE OR PARTICIPATE IN THIS CONTEST. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS.
SELECTION AND NOTIFICATION OF FINALISTS AND WINNER: Judging to Determine Finalists: On or about July 21, 2023, one (1) or more qualified judges selected by Sponsor (“Judges”) will review all eligible Entries received during the Submission Period and select up to five (5) finalists (“Finalists”, each a “Finalist”) based on the following judging criteria (“Judging Criteria”): Innovation and uniqueness. (0 – 20 points) Aesthetics (0 – 20 points) Functionality, ease of use and practicality. (0 – 30 points) Use of Atkore products – at least 70% of design elements must be Atkore products. (30 points) Max. Score: 100 points The Grand Prize winner will be selected from the five (5) or up to five (5) finalists applying Judging Criteria above. Sponsor reserve the right to pick fewer than five (5) Finalists (or none at all) or to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in their sole discretion. Finalist who receives the most points during the Judging Period, as determined by Sponsor in its sole discretion, will be the winner (“Winner”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, ties will be broken by an additional tie-breaking judge that will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries is be selected as the Winner. If the potential Winner cannot be reached or if they are found ineligible, cannot or does not comply with the requirements of these Official Rules, if the prize or prize notification is returned as undeliverable, or if they do not satisfactorily execute all of the request as per these Official Rules, potential Winner will be disqualified and Sponsor will award the Prize (defined below) to the runner- up Finalist, subject to verification of eligibility and compliance with these Official Rules.
IMPORTANT INFORMATION: Sponsor’s computer is the official time keeping device for this Contest. Proof of mailing or emailing not constitute proof of delivery or entry. Any attempt to submit more than the maximum number of entries using multiple /different mail addresses, identities or any other methods may void that Entrant’s entry. Entries generated by robotic, programmed, script, macro or other automated means will be disqualified. No other forms of entry are valid other than those set forth above. All entry information becomes the property of the Sponsor.
The Prizes (altogether collectively, the “Prizes” and each a “Prize“) are described as:
- GRAND PRIZE: One (1) check for $10,000.00. The Approximate Retail Value (“ARV”) of the Grand Prize is $10,000.00.
- FIRST PLACE PRIZE: One (1) $500.00 Amazon Gift Card to each Finalists (terms and conditions of Amazon Gift Card apply). The Approximate Retail Value (“ARV”) of the First Place Prize is $500.00 each. The total ARV of all five (5) First Place Prizes is $2,500.00.
- SECOND PLACE PRIZE: One (1) $100 Amazon Gift Card to the first twenty-five (25) submissions (terms and conditions of Amazon Gift Card apply). The Approximate Retail Value (“ARV”) of the Second Place Prize is $100.00 each. The total ARV of all twenty-five (25) Second Place Prizes is $2,500.00.
Amazon.com Gift Card Terms and Conditions apply. See https: //www.amazon.com/gp/help/customer/display.html?nodeId =GNG9PXYZUMQT72QK The Approximate Retail Value (“ARV”) of all Prizes combined is $15,000.00 This is a skill-based contest and at no time will the winner be chosen by random selection.
RESTRICTIONS ON PRIZE: If a Prize offered becomes unavailable for any reason, the Sponsor reserves the right to provide an alternate Prize of equal or greater value. In no event will more than the prizes listed be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, the Sponsor reserves the right to award only the intended number of Prizes. In the event that the Winner is disqualified for any reason, the Prize will be forfeited and may be awarded to an alternate winner in accordance with these Official Rules and at the Sponsor’s sole discretion. No substitution or transfer of Prize will be permitted, except by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. The Winner(s) will be required to complete and sign an Affidavit of Eligibility and Liability /Publicity Release form provided to them to be returned within five (5) days of written notification, or Prize may be forfeited, and an alternate winner selected. The Prize Winner(s) will also be required to disclose their social security number for tax filing purposes. The Winner will be solely responsible for all taxes (federal, state, local), and all expenses not specifically listed herein related to the acceptance and use of the Prize. To the extent permitted by applicable law, by accepting a Prize, the Winner grants permission for the Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and /or likeness, Design, and Submission for advertising and /or publicity purposes, in any and all media (including posting on Sponsor’s website and /or social media) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. Winners who are not required under applicable state law to grant such permission under these Official Rules may be asked by the Sponsor to provide their voluntary consent for such permission. If you are selected as a Winner, your information may also be included in a publicly-available Winner's list, except where prohibited by law. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. The Contest Entities shall not be held responsible for any delays in awarding a Prize for any reason. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re- awarded.
DISCLAIMERS: By participating in the Contest, Entrant agrees to release, discharge, indemnify and hold harmless the Contest Entities, Twitter, Inc., Facebook, Inc., Instagram, Inc., TikTok, Inc., Dorn Group, Inc., Momares, LLC., and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Contest; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and /or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Contest and /or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and /or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor or Administrator; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and /or its contents related to or resulting from any part of the Contest; any lost /delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and /or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither 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 a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the internet service provider or the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website or social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via email, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
GENERAL RELEASES: By accepting a Prize, where permitted by law, the Winner grants to the Sponsor, its parent, subsidiaries and related companies, and those acting pursuant to the authority of Sponsor (which grant will be confirmed in writing upon Sponsor's request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA, now known or hereinafter developed, without limitation, in perpetuity, at any time the recipient's full name, portrait, picture, voice, likeness and /or biographical information, Design and /or Submission for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL SPONSOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, DEALERS, DISTRIBUTORS, SUPPLIERS, RETAILERS, PRIZE PROVIDER AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrant releases and agrees to hold harmless the Sponsor, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors, suppliers, Prize provider and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS /ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND /OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). Winner acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.
All Entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR ORRELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
LIMITATIONS OF LIABILITY: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify, or suspend the Contest in whole or in part, at any time, without notice and award the Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems with or technical malfunction of any wireless telephone network, wireless signal coverage or telephone lines, computer on- line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Contest or downloading any app or materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address and /or mobile phone number associated with the entry, provided that person is eligible. Prize Winner(s) may be required to show proof of being the registered account holder. “Registered account holder” is defined as the person assigned to an email address by an Internet access provider, an organization responsible for assigning email addresses for the applicable domain, or to the responsible party associated with the account connected to the mobile number. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and /or other instructions of the Sponsor may be disqualified.
GOVERNING LAW: The parties agree that the Contest and these Official Rules will be governed, construed, and interpreted under the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Illinois.
DISPUTE RESOLUTION: BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND /OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Entrant, Sponsor, Administrator and the Contest Entities (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes pertaining to the Contest, administration of the Contest, and /or these Official Rules only through binding arbitration (in each case, a “Dispute”); provided, however, (a) Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in or closest to Chicago, Illinois and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.
The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator in an arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the AAA, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org, unless otherwise mutually agreed between the parties. If an in-person hearing is required, except as otherwise required by applicable AAA rules or applicable law, then it will take place in Chicago, Illinois. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the Dispute must be brought in a court of competent jurisdiction in Chicago, Illinois. Sponsor agrees to pay the administrative and arbitrator’s fees to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Chicago, Illinois and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Contest be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other Entrant. You and each Party also agree that each Party may bring claims against the other in arbitration only in their respective individual capacities and in so doing YOU WAIVE THE RIGHT TO A TRIAL BY JURY, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
WINNERS LIST: For a Winner(s) List, visit https://www.atkore.com/designcontest/ no earlier than 30 days after the Contest has ended.
This Contest is in no way sponsored, endorsed or administered by, or associated with; Amazon, Autodesk, Revit, Facebook, Google, Twitter, TikTok, or Instagram. All registered trademarks belong to their respective owner who are not a party to this Contest and have not offered or sponsored this Contest in any way; and shall have no liability or responsibility for any claim arising in connection with this Contest or any items awarded (other than any manufacturer’s warranty, if any available).