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Official Sweepstakes Rules USA Insulation of Cleveland - USA Enterprises

USA Insulation 25th Anniversary Sweepstakes


NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS
PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF
WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS
WILL APPLY. VOID WHERE PROHIBITED BY LAW.

1. SPONSOR. The USA Insulation 25th Anniversary Sweepstakes (the “Promotion) is being
conducted by the following USA Insulation franchised business, which is independently owned
and operated by a third-party franchisee listed below (the “Participating Sponsor”):

a. USA Insulation of Cleveland - USA Enterprises, located at 1351 E. 357th St.


Eastlake, OH 44095

2. ELIGIBILITY. The Promotion is open only to individuals who: (i) are legal residents of the
United States (including District of Columbia); (ii) are at least eighteen (18) years old at the time
of entry; and (iii) own a home (owners of mobile homes are excluded) that is located within one
hundred (100) miles of where one (1) or more of the Participating Sponsor of the Promotion is
located. In addition, in order to be eligible to win a Weekly Prize, a potential Winner must also:
(i) correctly complete, execute and return an affidavit of eligibility and Affidavit/Release as set
forth more fully in Section 5 below(ii) provide all the information to Sponsor requested therein
(including the potential Winner's real name and physical address); and (iii) otherwise comply
with these office rules of the Promotion (the “Official Rules”). Employees of the Participating
Sponsor, USA Insulation Franchise Corporation or any other third-party that is operating a USA
Insulation franchise, as well as their respective subsidiaries, affiliates, advertising agencies are
not eligible for this Promotion (collectively, the “Non-Eligible Employees”). Immediate family
members and/or persons living in the same household as a Non-Eligible Employee are also not
eligible.

Entrants are also required to provide truthful information and Participating Sponsor and/or USA
Insulation Franchise Corporation has the right to reject and delete any entry that it discovers to be
false or fraudulent. Participating Sponsor and/or USA Insulation Franchise Corporation will
disqualify any entry from individuals who do not meet the eligibility requirements. All decisions
of the Participating Sponsor and/or USA Insulation Franchise Corporation shall be final with
respect to all matters related to this Promotion, including without limitation, awarding of a Prize
(as defined in these Official Rules), selection of the Winner and interpretation of these Official
Rules. Participation constitutes entrant’s full and unconditional agreement to these Official Rules
and Participating Sponsors’ decisions, which are final and binding in all matters related to the
Promotion. Again, this Promotion is subject to all applicable federal, state and local laws and
regulations.

3. PROMOTION PERIOD. The Promotion begins on Monday, July 19, 2010 at 7:00 a.m. Eastern
Time (“ET”) and ending Sunday, August 22, 2010 at 11:59 p.m. ET (the “Promotion Period”).
USA Insulation Franchise Corporation’s computer will be used by the Participating Sponsor as
the official time-keeping device for the Promotion.

4. HOW TO ENTER. Individuals who meet the eligibility requirements in Section 2 above
(collectively, the “Participants”) may enter the Promotion one (1) time using one (1) of the
methods described in this Section.

a. Online Entry. Participants may enter online by visiting www.usainsulation.net any time
during the Promotion Period and submitting an online entry form for the Promotion. Enter
your first name and last name, complete address, city, state, zip code, telephone number,
date of birth, and valid email address in the online entry form. In case of identity dispute, the
registered user of the email account on the date of entry will be the recognized user. Internet
entries will be deemed made by the authorized account holder of the email address
submitted at the time of entry. The authorized account holder is the natural person who is
assigned to the email address by an internet access provider, online service provider or other
organization that is responsible by assigning email address or domain associated with the
submitted email address. Multiple participants are not permitted to share the same email
address

b. By Mail. Participants may also enter the Promotion by mail by sending a 3 inch by 5 inch
card with your name, address, city, state, zip code, telephone number, date of birth, valid e-
mail address and signature in an envelope addressed to the address of the Participating
Sponsor that is nearest to the Participant’s home (see Section 1). Participants may only
submit a mail-in entry to one (1) Participating Sponsor and that Participating Sponsor must
be located within one hundred (100) miles of the Participant’s residence. Any other entries
will be void and discarded. Only one entry is permitted per envelope (multiple entries within
the same envelope will be disregarded). Such entries will only be accepted by first–class
United States Mail and not by fax, hand delivery, overnight or same day courier.

c. Information Related to All Entries Submitted. All entries submitted become the sole
property of USA Insulation Franchise Corporation and will not be acknowledged or
returned. Use of any device to automate entry is prohibited. Proof of submission of an entry
shall not be deemed proof of receipt by USA Insulation Franchise Corporation and/or any
Participating Sponsor. To be eligible, all entries must be received by 11:59 p.m. ET on
August 26, 2010. USA Insulation of Cleveland - USA Enterprises and USA Insulation
Franchise Corporation is not responsible for entries not received due to difficulty accessing
the internet, service outage or delays, computer difficulties or other technological glitches.

d. By entering this Promotion, regardless of Participant’s method of entry, Participant


acknowledges and agrees that any Participating Sponsor within one hundred (100) miles of
the Participant has the right (but not the obligation) to: (i) contact the Participant after the
sweepstakes to discuss Participant’s interest in USA Insulation products and services for
their home; and (ii) offer Participant a special discount if the Participant has not won a Prize
(as defined below) and is interested in a free energy savings review and project estimate
from the Participating Sponsor.
5. WINNING, PRIZE AND NOTIFICATION.

a. Random Drawing. The Participating Sponsor will randomly select one (1) winning entry from
the entries that the Participating Sponsor has received from eligible Participants located
within one hundred (100) miles of its business address listed in Section 1 of these Official
Rules. These random drawings will take place on Friday, August 27, 2010, at approximately
10:00 a.m. ET.

Participants agree: (i) to be bound by these Official Rules; (ii) that winning is contingent on
fulfilling all the requirements herein; and (iii) that the decisions of the Participating Sponsor
shall be final and binding in all respects.

b. Prize. Subject to the conditions set forth in these Official Rules, the Participant who
submitted the winning entry (the “Winner”) will receive the following prize from the
Participating Sponsor that selected that Winner: a credit of up to a $5,000 for wall and/or attic
insulation services, with this credit dependent on the home insulation needs of that Winner.
The Winner’s credit will be determined at sole discretion of the Participating Sponsor which
selected that Winner’s entry once that Participating Sponsor has had the opportunity to survey
and consult with Winner at the Winner’s home. Should the winner have completed their
home insulation project with USA Insulation of Cleveland - USA Enterprises during the
sweepstakes period, the winner will receive a check from USA Insulation of Cleveland - USA
Enterprises for the net cost of materials and labor up to $5,000 based on their particular
insulation project. This check will be sent to the winner within 30 days of winner notification.

c. Prize Acknowledgement. In order to receive the credit, the Winner agrees and acknowledges
the following: (i) the credit will cover, or be applied towards, the amount charged by the
Participating Sponsor to provide wall and/or attic insulation services in the Winner’s home
(which must be located within 100 miles of the Participating Sponsor’s business office
location); (ii) the Participating Sponsor has sole discretion over the products and materials
used to perform these insulation services; (iii) all services will be provided by the
Participating Sponsor in accordance with the terms and conditions of that Participating
Sponsor’s form of written service contract, which the Winner must execute in order to receive
any portion of the credit. If the Winner’s home insulation needs are valued at less than $5,000
retail, Winner understands and acknowledges that Winner will not receive any cash or
additional consideration. A Winner may also opt to spend beyond their $5,000 credit at its
sole discretion per written agreement with the Participating Sponsor that selected Winner.
Under no circumstances will the retail value of each prize (credit) awarded exceed $5,000.

d. Notification. Once a Winner is selected, the Participating Sponsor who made that selection
will contact the Winner within ten (10) business days to make arrangements for: (i)
Participating Sponsor to evaluate the Winner’s home insulation needs, as it determines
necessary in its sole discretion; (ii) determine the value of credit awarded and enter into a
contract to provide certain home insulation services to Winner. Typically, each Participating
Sponsor will notify the Winner it selected by: (i) sending an email to the email address
provided on the Winner’s entry form if the Winner applied online; or (ii) calling the Winner
at the telephone number that Winner provided on its entry form if it entered the Promotion by
mail. Regardless, a Winner will forfeit its prize if not claimed within forty-five (45) days of
the Participating Sponsor providing that Winner with notice in any manner. Each Winner will
be required to execute and return the following documents to its Participating Sponsor within
forty-five (45) days of Participating Sponsor notifying the Winner that his/her entry was
selected: a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited
by law, a Publicity Release in the form(s) prescribed by the Participating Sponsor
(collectively, these documents will be referred to as the “Affidavit/Release”). If a Winner
cannot be contacted within five (5) days of the first attempt to contact him/her, or if the
potential Winner fails to return the Affidavit/Release within the specified time, or if any prize
notification is returned as undeliverable, or if the Winner is found to be ineligible, or if the
Winner does not comply with the Official Rules, then the Winner may be disqualified and
forfeit the prize and an alternate Winner may be selected by the Participating Sponsor at
random from among all eligible non-winning entries received by that Participating Sponsor
for the Promotion within the Promotion Period.

e. There is no substitution, transfer, or cash equivalent for prizes. The prizes are expressly
limited to the item(s) listed above and do not include taxes, gratuities or any other expenses.
Other restrictions may apply.

6. GENERAL RULES AND CONDITIONS

a. Payments of all federal, state and local taxes are solely the responsibility of the Winner.
The Winner will be required to complete and submit an IRS Form W-9 with the Winner’s
full Social Security Number for the receipt of the prize. Failure to submit a complete W-9
will result in forfeiture of the prize. Winning prize value and Winners name will be
reported to the IRS by USA Insulation of Cleveland - USA Enterprises.

b. By participating in the Promotion, the Winner agrees to have the Winner’s name, voice
and likeness used in any advertising or broadcasting material relating to the Promotion
without additional financial or other compensation, and, where legal, to sign the
Affidavit/Release confirming such consent prior to the Participating Sponsor evaluating
the Winner’s home insulation needs.

c. Prior to awarding the prize, the Participating Sponsor will require its Winner to sign a
liability release, agreeing to release and hold harmless that Participating Sponsor, USA
Insulation Franchise Corporation, 850 ESPN /WKNR Cleveland radio, its licensees, as
well as any parent, subsidiary and affiliated entities, their respective officers,
shareholders, directors, employees, agents and representatives and all of their successors
and assigns from and against any and all claims or liability arising directly or indirectly
from the prize (credit) and participation in the Promotion.

d. If for any reason this Promotion cannot be executed as planned, including, but not limited
to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud,
technical failures, or any other causes beyond the control of the Participating Sponsor
and/or USA Insulation Franchise Corporation that corrupt or affect the security,
administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion
is compromised or becomes technically corrupted in any way, electronically or otherwise,
Participating Sponsors reserve the right to cancel, terminate or modify the Promotion. If
the Promotion is terminated before the original end date, the Participating Sponsor will
select their respective Winner by random drawing from among all eligible non-suspect
entries received as of the termination time/date.
e. Participating Sponsor and USA Insulation Franchise Corporation, at its sole discretion,
reserves the right to disqualify any person tampering with the entry process or the
operation of the USA Insulation Franchise Corporation website. Failure to comply with
the rules of the Promotion may result in the entrant’s disqualification and/or forfeiture of
any prize or prizes. If USA Insulation Franchise Corporation and/or USA Insulation of
Cleveland - USA Enterprises makes a good faith determination that an entrant has
cheated or committed fraudulent activity in connection with the Promotion, USA
Insulation Franchise Corporation and/or USA Insulation of Cleveland - USA Enterprises
reserves the right to disqualify that entrant from entering and/or winning future
Promotions and to prosecute and seek damages to the fullest extent permitted by law.

f. USA Insulation Franchise Corporation and/or the Participating Sponsor reserve the right
to make changes in the official rules of the Promotion, including, without limitation, the
substitution of a prize of equivalent value, which will become effective upon
announcement.

7. RELEASE AND LIMITATIONS ON LIABILITY. By participating, entrants agree to release


and hold harmless the Participating Sponsor, USA Insulation Franchise Corporation, 850
ESPN/WKNR Cleveland radio, and their respective parents, subsidiaries, affiliates, directors,
officers, employees and agents (collectively, the “Released Parties”) from any and all liability
with respect to or in any way arising from or in connection with this Promotion and/or acceptance
or use of any prize, including liability for personal injury, bodily injury, death, damages and/or
loss. The Winner assumes all liability for any injury or damage caused, or claimed to be caused
by participation in this promotion or use or redemption of any prize. The failure of the Released
Parties to comply with any provision of these Official Rules due to an act of God, act of domestic
terrorism, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of
governmental authorities outside of the control of either (excepting compliance with applicable
codes and regulations) or other event outside the reasonable control of the Released Parties will
not be considered a breach of these Official Rules. The Released Parties are not responsible for
any typographical or other error in the printing, the offering or the announcement of any prizes or
in the administration of the promotion. The Released Parties are not responsible for: (i) technical
failures of any kind, including but not limited to the malfunctioning of the website, or any
computer, cable, network, hardware or software, delay in operation or transmission,
communications line failure, technology outage, theft or destruction or unauthorized access to, or
alteration of entries, whether caused by the sender or any of the equipment or programming
associated with or utilized in the Promotion; (ii) the unavailability or inaccessibility of any
transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part
of the entry process or the Promotion; (iv) electronic, clerical or human error which may occur in
the administration of the Promotion or the transmission, receipt or processing of entries or
notification of winners; or (v) any injury or damage to persons or property, including but not
limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly,
in whole or in part, from entrant’s participation in the Promotion. Without limiting the generality
of the foregoing, Sponsor reserves the right, in its sole discretion, to terminate, modify, cancel or
suspend this Promotion if fraud, technical failures including any network server or hardware
failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the
control of Sponsor corrupt the administration, security, or proper play, of the Promotion. In the
event of any cancellation, termination or suspension, notice thereof will be posted at the Site and
the determination of the applicable winner will be made, if practicable and reasonably
commercially feasible, from among all eligible, non-suspect Entries received during the
Promotion Period as of the date of the termination, cancellation or suspension, as Sponsor
determines in its sole and absolute discretion. Under no circumstances, including negligence,
shall the Released Parties be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use the web site, or out of any breach of any
warranty. This exclusion or limitation of liability will not apply to the extent that any applicable
statute prohibits such exclusion or limitation of liability. WITHOUT LIMITING THE
FOREGOING, EVERYTHING ON ANY WEBSITE RELATED TO THIS PROMOTION IS
PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY
RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Any attempt by
an entrant or other individual to deliberately damage any web site or page or undermine the
legitimate operation of this promotion, including but not limited to any fraudulent claims, may be
a violation of criminal and civil laws. Should such an attempt be made, USA Insulation Franchise
Corporation and the Participating Sponsor reserves the right to seek remedies and damages from
any such individual, to the fullest extent permitted by law, including criminal prosecution.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that
provision. Participants engaging in any of the foregoing activities may be disqualified and will
forfeit any prize(s) won.

8. PROMOTION RESULTS. For an official notification of the Promotion Winner, interested


parties may send a self-addressed, stamped envelope specifying “Winner Request - The
Cleveland Area” to: USA Insulation 25th Anniversary Sweepstakes, 1351 East 357th Street, Suite
5, Eastlake, Ohio 44095. All such requests must be received within sixty (60) days following
completion of the Promotion Period.

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