Official Rules and Regulations for the Gorell Win A Houseful of ENERGY STAR Qualified Windows Sweepstakes

OFFICIAL SWEEPSTAKES RULES

THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE 21 YEARS OF AGE OR OLDER TO ENTER.

Gorell “Go Green with ENERGY STAR® Windows” Sweepstakes (the “Sweepstakes”) — Official Rules.
No Purchase Necessary. A purchase will not increase your chances of winning a prize.

The Sweepstakes Period is from 12:00:01 am Eastern Time (ET), July 4, 2008 ("Sweepstakes-Start") to 11:59:59 pm ET, December 31, 2009 ("Sweepstakes-End").
Eligibility: This Sweepstakes is open only to a legal resident residing in the geographic areas of the United States serviced by an authorized dealer of Gorell Windows & Doors, LLC (“Sponsor”), who is 21 years of age or older, who is a home owner of a single-family home and who had Internet access prior to Sweepstakes-Start. You will be asked to enter a Zip code to determine if you fall within the specific geographic areas of this Sweepstakes. Void in Puerto Rico and other US territories. Employees, officers, directors, agents, vendors, dealers, representatives and their immediate families (spouse, parents, children, siblings, and each of their spouses regardless where they live) or members of household of Gorell Windows & Doors, LLC and THE MARKETING AGENCY, LLC (“Administrator”), their respective parent companies, subsidiaries, advertising, design, web design, web hosting and publicity agencies and anyone connected with the production or distribution of this Sweepstakes are not eligible to enter or be awarded a prize.
How to Enter: This Sweepstakes is offered only on the Internet. Go to www.gorell.com and follow the on-screen instructions and complete the entry form. You must answer all questions and supply accurate contact information, including an email address for which you are the authorized user, to be eligible to win a prize and to be notified in the event of being selected as a potential winner. It is entrants’ responsibility to keep their contact information current. “Authorized user” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email account. Maximum one (1) entry per household during the Sweepstake-Period. Entries must be made by an individual from a stand-alone computer and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries made in violation of these rules will be deleted.
Winner Selection in Random Drawings: One (1) Second Prize winner will be chosen from all eligible entries received from Sweepstakes-Start to 11:59:59 pm ET, June 30, 2009. One (1) First Prize winner will be chosen from all eligible entries received from Sweepstakes-Start to 11:59:59 pm ET, September 30, 2009. One (1) Grand Prize winner will be chosen from all eligible entries received during the Sweepstakes Period. All potential winners will be drawn up to 20 days after the dates specified above and notified via email within five (5) days of selection. A potential winner will have five (5) business days to reply, agree to accept the prize and provide/confirm full contact information. Failure to confirm and provide the above within the time allotment will signify to Sponsor that the prize has been declined and forfeited for all time and another potential winner may be chosen in random drawings.
Quantity, Prize, Approximate Retail Value (ARV) and Odds: (1) Grand Prize: Up to twelve (maximum 12) of Gorell ENERGY STAR® Qualified Premium Replacement Windows custom manufactured by Gorell Windows & Doors, LLC, including installation* by an accredited Gorell dealer (up to a maximum of $12,000 retail value, including installation). Windows include Gorell’s AC Master® double-insulating high-performance glass system. ARV: Up to $12,000 depending on the number of windows replaced. (1) First Prize: Five (5) Gorell ENERGY STAR® Qualified Premium Replacement Windows custom manufactured by Gorell Windows & Doors, LLC, including installation* by an accredited Gorell dealer (up to a maximum of $5,000 retail value, including installation). Windows include Gorell’s AC Master® double-insulating high-performance glass system. ARV: $5,000. (1) Second Prize: Three (3) Gorell ENERGY STAR® Qualified Premium Replacement Windows custom manufactured by Gorell Windows & Doors, LLC, including installation* by an accredited Gorell dealer (up to a maximum of $3,000 retail value, including installation). Windows include Gorell’s AC Master® double-insulating high-performance glass system. ARV: $3,000. Odds of winning any prize: Dependent on the total number of eligible entries received by each drawing date. All prizes will be installed by an accredited Gorell dealer. Should the actual value of the window(s) installed be less than the ARV stated in these Official Rules, the difference will not be awarded in cash or kind. Should a winner already have purchased ENERGY STAR qualified Gorell product(s) during the Sweepstakes Period, the prizewinner will be given the choice of selecting additional Gorell products of equal retail value or requesting the retail cash value of the products purchased up to the maximum value of their prize. All Prizes will be awarded provided they are properly claimed according to these Official Rules. Only the prizes and their respective values listed in these Official Rules shall be awarded. Limit one prize per household. “Installation” is defined as a typical or normal wood opening window installation. Additional charges to the winner may apply for special installations and other situations requiring structural modifications, requests for special trimming or for other non-typical work. Special options including, without limitation, other glass system options, special colors and wood grains, InterBlinds™, grids, SolarShine™, simulated divided lites, and decorative glass are not included as part of any of the prizes, but they may be purchased by the winner if desired.
General: Sweepstakes administration and winner selection and verification will be conducted by THE MARKETING AGENCY, LLC an independent judging organization whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sponsor is not responsible for those who cannot access the Internet or cannot click through for any period of time, regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, and for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors, including but not limited to, errors by Sponsor’s representatives who enter incorrect information into any of Sponsor’s computer systems. Proof of entry is not proof of entry receipt. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or Force Majeure or any other causes beyond Sponsor’s control. One winner will be drawn from among all eligible entries received up to the time of cancellation/termination for the next scheduled prize only. No other prizes will be awarded. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor’s sole judgment entrant has not complied with these Official Rules. Without limitation, all of an entrant’s entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sponsor assumes no liability for damage caused to entrant's or any other person's/entity's computer hardware, software or communications network, regardless of cause. Only the prizes and the respective values listed in the Official Rules shall be awarded. All prizewinners will be required to execute and return an Affidavit of Eligibility, Liability and Publicity Release within seven (7) days of date on notification or it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected in random drawings. By entering this Sweepstakes, a participant explicitly releases and holds harmless Gorell Windows & Doors, LLC, their authorized dealers and THE MARKETING AGENCY, LLC, their respective affiliates, parent companies, agents, subsidiaries, successors and their respective promotion, advertising, design, web design, web hosting and production agencies and print production agencies and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of a prize. By accepting a prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive a prize is non-assignable and non-transferable and no prize substitution, transfer, cash equivalent or exchange will be allowed. A prize or prize notification e-mail that is returned as undeliverable will disqualify the potential winner and an alternative winner shall be selected in a random drawing.
Sweepstakes void where prohibited, licensed, restricted or taxed. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
All taxes are winner’s responsibility and a 2009 or 2010 form #1099, as they apply, will be issued to all prizewinners for the ARV of the prize as stated in #5 above.
Acceptance of a prize constitutes permission to use a winner's name, voice and likeness and any and all identifying characteristics and certain biographical information for promotional, advertising and publicity purposes (including posting to the www.gorell.com website) in perpetuity; this permission includes, but is not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation, unless prohibited by law and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
Sponsor, authorized dealers, THE MARKETING AGENCY, LLC and all production, promotion and web hosting agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
All entries submitted become the property of Sponsor and none will be acknowledged. Sponsor and Administrator collect personal information from you when you enter the Sweepstakes. The information collected is subject to Sponsor's/Administrator’s Privacy Policies found by clicking on the “Privacy Policy” link on www.gorell.com and The Marketing Agency’s Privacy Policy found at http://themarketingagency.com/html/sweepstakes.html. By entering this Sweepstakes, you are automatically opting in to be contacted by Gorell Windows & Doors, LLC or their dealers in order to answer questions or provide more information regarding Gorell products. You may opt out at any time.
Entrant agrees that any and all disputes, claims, actions and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Indiana, Pennsylvania. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys' fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
For a Winners List — available on or about March 15, 2010: Send a self addressed, adequately stamped, #10, business envelope to Winner — Gorell “Go Green with Energy Star Windows” Sweepstakes, c/o The Marketing Agency, 233 Needham Street, Suite 300, Newton MA 02464. Requests must be received by March 15, 2010. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
This Sweepstakes is sponsored by Gorell Windows & Doors, LLC, 1380 Wayne Avenue, Indiana, PA, 15701. This Sweepstakes is administered by The Marketing Agency, LLC, 233 Needham Street, Suite 300, Newton, MA 02464.