California Wildfires
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Modern Mill will donate siding for up to 20 homeowners who lost their homes in the January 2025 California wildfires
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- Scope. These TERMS AND CONDITIONS (these “Terms”) apply to and govern that certain giveaway and/or donation of product by Modern Mill, Inc. (“Modern Mill”) in connection with the wildfires in the Los Angeles (California) area in January, 2025 and as described on https://modern-mill.com/californiasupport/ (the “Giveaway”). The Giveaway is subject to all applicable federal, state, and local laws and void where prohibited.
- Acceptance. By checking the “I agree” box on the Giveaway webpage and submitting the form, the participant (“you” or “participant”) are agreeing to be legally bound by these Terms.
- General Description. The Giveaway will consist of a random drawing of eligible participants, with the winners receiving Modern Mill’s Acre® siding product(s) (“Acre Product”) to install on their rebuilt home.
- Eligibility. The Giveaway is open to all homeowners that (each an “Eligible Homeowner”): (a) are at least 18 years of age’ (b) own a single-family residence in the Los Angeles, California region; (c) had that residence destroyed or significantly damaged by the January 2025 wildfires in the Los Angeles, California region; and (d) are uninsured against fire risk. For the purposes of determining eligibility, the definition of “uninsured” includes those homeowners forced to the California FAIR plan that may be underinsured or may not receive sufficient proceeds to cover the full cost of rebuilding their home (to the specification existing immediately prior to damage). Notwithstanding the forgoing, Modern Mill reserves the right to waive, modify, or supplement this condition on a case-by-case basis in Modern Mill’s sole and absolute discretion and it may happen that one or more winners eventually do receive a full insurance payout. Additional documentation and evidence may be required to support eligibility.
- How to Enter. You can enter the Giveaway only by submitting the online form provided at https://modern-mill.com/californiasupport/ (the “Webpage”). Submissions must be made before 11:59 pm (PT) on February 1, 2025 (the “Submission Deadline”). Submissions are limited to one per applicable residence (i.e. you cannot make more than one submission for a particular residence, including using alternative email addresses or submitting through family members). Use of scripts, macros, or other automated means to subvert the entry process are prohibited. All submissions in violation of these Terms will be void. By making a submission, you are certifying that you are an Eligible Homeowner in accordance with these Terms.
- Drawing. After the Submission Deadline, which may be extended by Modern Mill in its sole and absolute discretion, Modern Mill will select up to 20 submissions (each a “Selected Participant”) in a random drawing. Selected Participants will be contacted by email, mail, or phone (as provided in the submission) and may be required to provide additional evidence of eligibility (including without limitation a utility bill, evidence of property ownership, or an affidavit) and, if appropriate, certain legal and publicity releases. If Modern Mill is unable to contact a Selected Participant, if such Selected Participant does not comply with these Terms, or if a Selected Participant withdraws from the Giveaway, Modern Mill may (but is under no obligation to) in its sole and absolute discretion, hold another drawing.
- General Rules. Selected Participants have the right to receive Acre Product in a quantity sufficient to cover the exterior of a single-family residence that does not exceed 2,500 square feet in size. Modern Mill will deliver the Acre Product to the Selected Participant’s residence at or around the time it will be installed in compliance with all applicable building codes and local ordinances. The Giveaway includes the cost of the Acre Product and delivery but does not include installation or any other cost. The Giveaway is for Acre Product only and cannot be exchanged for cash, credit, or any other form of compensation.
- Product Warranty. All Acre Product delivered to a Selected Participant comes with and is subject to Modern Mill’s standard product warranty, as described in https://modern-mill.com/warranty/. Except to the extent of such warranty, all other warranties and representations with respect to the product are expressly disclaimed, including without limitation as to a particular look, feel, or suitability for a particular use.
- No Transfer; Resales; Returns. All rights of a Selected Participant are non-transferable, even to family members. Any product delivered in connection with this Giveaway may not be resold, donated, assigned, or otherwise transferred to any other person or entity. Product delivered to a Selected Participant is not eligible for return, except to the extent of any warranty.
- Arbitration. If you want to assert any causes of action, claim, or lawsuit against Modern Mill in connection with the Giveaway, whether for breach of these Terms, under common law, or otherwise, asserted or brought against Modern Mill, you may only do so through private arbitration, using rules promulgated under JAMS and applying California law, with venue in your County of residence. You will pay for half the cost of this arbitration unless you are financially unable to do so. If you do not agree to this arbitration clause, you may opt out by written notice to Modern Mill delivered within 60 days following your acceptance of these Terms.
- Limitation on Damages. Regardless of how any action is brought (court, arbitration or otherwise), neither you nor Modern Mill will ever be entitled to record any punitive, special, or consequential damages, including without limitation lost profits. Further, each party will solely bear their own costs of any action and will not be entitled to recover its costs (including attorney’s fees) from the other party if it prevails. Notwithstanding the forgoing, Modern Mill will be able to seek all damages and recover attorney’s fees against anyone that damages or attempted to damage the Webpage or otherwise undermine the legitimate operation of the Giveaway.
- Limitation on Liability for Administration. Neither Modern Mill, its parent company, affiliates, nor any of their respective officers, employees, directors, shareholders, agents, or representatives will have any liability for, and you by agreeing to these Terms will release and hold such parties harmless against, any and all claims related to Modern Mill’s administration of the Giveaway, including without limitation: (a) any damage to electronic devices caused by accessing the Webpage or submitting the form thereon; or (b) the drawing or selection of Selected Participants (such as inadvertently missing an eligible entry or if a Selected Participant does not satisfy certain eligibility criteria. Modern Mill reserves the right change its eligibility criteria and selection process for the Giveaway at any time without notice in its sole and absolute discretion.
- Taxation. You should consult with your own tax professional on the tax consequences if you should receive product as a Selected Participant. The value of such product, may be includable in your taxable income and/or otherwise subject to taxation by the applicable authorities. In Modern Mill’s estimation, the maximum value of Acre Product delivered to any one Selected Participant will be approximately $25,000 (USD), with the maximum value for the entire Giveaway at roughly $500,000.
- Selection. Modern Mill will endeavor to select and contact the Selected Participants as soon as is reasonably possible, as well as to inform you if you are not a Selected Participant. However, Modern Mill’s failure to do so does not confer any right to you hereunder nor cause any liability to Modern Mill.
- Reservation of Rights. To the fullest extent of applicable law, Modern Mill reserves all rights to modify, supplement, or terminate the Giveaway and these Terms at any time without notice and in Modern Mill’s sole and absolute discretion.
- Privacy. You submission of information in connection with the Giveaway is subject to Modern Mill’s privacy policy described on https://modern-mill.com/privacy-policy/.
- Prohibited by Law. If any line, clause, or provision of these Terms is later found to by unenforceable under applicable law, such unenforceability will be limited to such line, clause or provision and shall not similarly apply to any other portion of these Terms.
- Notices. All notices under these Terms should be delivered by electronic mail, provided that if the receiving does not confirm receipt (which it will attempt in good faith to do), then by mail. Notices to you will be sent in accordance with the information provided in your form. Notices to Modern Mill should be sent to california@modern-mill.com or to 1140 Frank Oaks Rd., McComb, MS 39648, Attn: Brian Cox.
