Welcome to the BMC Stock Holdings, Inc. (together with its parents, subsidiaries, affiliated, or otherwise related companies, "BMC") Social Media Terms and Conditions. Please note that your Submissions to and engagement with our social media accounts are governed by and subject to the following terms.
If you do not agree with any of these terms, do not submit any comments, photographs, videos, or participate in any other similar manner on our social media accounts. Your participation and engagement shall be deemed to be your agreement to abide by each of the terms set forth below.
By submitting comments, photographs, videos, your social media handle or other material (“Submissions”) to any BMC social media accounts including, but not limited to Facebook, Instagram, LinkedIn, and/or Twitter, you grant to BMC the absolute, perpetual, irrevocable, royalty-free, non-exclusive, transferable right, and unrestricted permission to use your Submissions in any manner, in whole or in part, individually or in connection with other material in any and all media now in existence or hereafter known, including, but not limited to posting on BMC’s social media accounts and website, for any purpose, whatsoever, including, without limitation, advertising, promotion, illustration, art, editorial, and trade, without restriction as to alterations, and to use your name in connection with any use, if BMC so chooses, with no obligation to you whatsoever.
You hereby represent and warrant that (1) you are a legally competent adult, (2) you own all rights to your Submissions, (3) you have permission from all persons appearing in your Submissions to grant the rights conveyed herein, (4) use of your Submissions will not violate the rights of any third party, and (5) your Submissions do not violate any laws or regulations. By providing a Submission, you automatically agree to release and hold BMC, its affiliates, agents, licensees, and assigns harmless from any liability or other damages based on the use of your Submission as provided herein including, but not limited to, any and all claims for libel or violation of any right of privacy. You further grant BMC the right to use reuse, publish and/or republish your username, image, likeness, comment, caption or other identifying information, in connection with any use of your Submissions.
You may not provide Submissions or in any way engage with any of BMC’s social media accounts in a manner that: is illegal or encourages illegal activity; infringes or violates the right of any third party; is intended to achieve or has the effect of interference with the social media account, or its use by others.
BMC reserves the right to delete any Submission on any of its social media accounts that: (i) is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (ii) promotes alcohol, illegal drugs, tobacco, or firearms/weapons; promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; (iii) is obscene or offensive; endorses any form of hate or hate group; (iv) contains defamatory or disparaging remarks about other people or companies; (v) contains personal identification, such as personal names or e-mail addresses; (vi) communicates messages inconsistent with the positive images and/or good will to which BMC wishes to associate; or (vii) violates any law.
Any attempt to deliberately damage or undermine the legitimate operation of BMC’s social media accounts may be in violation of criminal and civil laws and should such an attempt be made, BMC reserves the right to seek any and all remedies available from such individual to the fullest extent of the law, including criminal prosecution.
BMC may post links to other websites on the World Wide Web or Internet which are not affiliated with, under the control of or otherwise maintained by BMC. Such links do not constitute an endorsement by BMC of those sites. You acknowledge that BMC is providing these links to you only as a convenience, and further agree that BMC does not endorse and is not responsible for the content of such sites.
We welcome your comments and feedback regarding our social media content. We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. By communicating with BMC, you acknowledge that all information contained in any Submission from you or under your account shall be deemed to be non-confidential. BMC shall have no obligation of any kind with respect to any such information in a Submission, and shall be free to reproduce, use, disclose and distribute such information to others without limitation. This acknowledgement may only be changed by written agreement of BMC. Further, BMC shall be free to use any ideas, concepts, know-how or techniques contained in any such Submission for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products or services incorporating such information, and in the development or creation of any intellectual property associated therewith.
ALTHOUGH BMC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON ITS SOCIAL MEDIA ACCOUNTS, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON ITS SOCIAL MEDIA ACCOUNTS. YOU ACKNOWLEDGE BY YOUR SUBMISSIONS OR PARTICIPATION IN BMC’S SOCIAL MEDIA ACCOUNTS, THAT YOU DO SO AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY.
THE CONTENTS AND ANY OTHER INFORMATION ("MATERIALS") CONTAINED ON OUR SOCIAL MEDIA ACCOUNTS IS PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL BMC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION), UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANYTHING ELSE ARISING FROM THE PARTICIPATION IN AND ENGAGEMENT WITH OUR SOCIAL MEDIA ACCOUNTS, EVEN IF BMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, IN NO EVENT SHALL BMC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS).
THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
BMC controls and operates its social media accounts from its headquarters in the United States of America and makes no representation that the contents are appropriate or will be available for use in other locations. If you participate in or engage with our social media accounts from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all content found on our social media accounts is solely directed to individuals, companies or other entities located in the United States of America.
You agree that BMC may make improvements and/or changes to these Social Media Terms and Conditions at any time without notice and without liability to you of any kind. You agree that your continued participation in and engagement with our social media accounts constitutes your acceptance of such revised terms.
Any action related to these Social Media Terms and Conditions shall be governed by Georgia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Fulton County, in the State of Georgia, for the resolution of all disputes arising from or related to these Social Media Terms and Conditions and your participation in and engagement with our social media accounts.
If any provision of these Social Media Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of BMC to enforce any right or provision shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BMC in writing. These Social Media Terms and Conditions comprises the entire agreement between you and BMC and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
If you would like to contact BMC, you may do so at the following:
8020 Arco Corporate Drive, Suite 400
Raleigh, NC 27617
Attention: Social Media Manager
BMC’s #mybuildwithbmc Campaign provides an opportunity for people to share photos of their projects, builds, renovations, and events using BMC products, services, or store locations. Below are the rules to participate:
Take a photo of your project. The photos should not include people who have not given permission to have their photo taken and/or shared. Please make sure that it does not include any company names or trademarks (except for BMC trademarks). Please also make sure that your photo doesn't infringe anyone's rights or include any inappropriate content.
Upload your photo to Facebook, Instagram, or Twitter with the hashtag #mybuildwithbmc. Don’t forget to check your privacy setting to make sure we can see your photo. You may also email your photo submission to firstname.lastname@example.org. Please include your name and social media account(s) handle with the email.
By emailing us a photo or tagging your photo with the #mybuildwithbmc hashtag, you are acknowledging that you have read and accept our social media terms and conditions found at https://www.buildwithbmc.com/bmc/s/SocialMediaTermsAndConditions.
By uploading or emailing us a photo, you automatically represent and warrant that the photo was taken by you, is original, and does not violate the rights of anyone else. In addition, by uploading a photo, you automatically agree to release and hold BMC, its affiliates, agents, licensees, and assigns harmless from any liability or other damages based on the use of your photo.
You do not transfer ownership of your photo by submitting it. However, you do grant BMC an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your photo — along with your Facebook, Instagram, or Twitter username and profile picture (in BMC’s sole discretion) — in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you.
We'll select various photos to feature on our website, social media accounts, or other places. We can't promise that we'll use yours, but keep checking to see if your photo is featured and what other people have submitted. We reserve the right to post and remove any photos at any time in our sole discretion. If we do use your photo, we may link back to your original post on Facebook, Instagram, or Twitter. That will allow members of the public who click on your photo to see other content that you've posted.
We reserve the right to terminate this Campaign at any time. You agree that any and all disputes arising out of, or connected with, this Campaign shall be subject to the laws of Georgia and resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Atlanta, Georgia.
You must be a legally competent adult.
Contest runs from May 1, 2019 through December 31, 2019. You must be at least 18 years old and a U.S. Citizen currently residing in the U.S. to be considered to win. All entrants must "Like" and "Follow" BMC's Facebook page to be eligible. No purchase necessary. Purchase does not enhance chance of winning. Void where prohibited. This contest is in no way sponsored, endorsed, administered by or associated with Facebook. This contest is subject to Facebook’s Terms and Policies, BMC’s Social Media Terms and Conditions, the Digital Millennium Copyright Act, the Communications Decency Act and any and all applicable federal, state, and local laws and regulations. Entrant hereby releases and holds harmless BMC and Facebook and their respective subsidiaries, affiliates, principals, officers, agents, employees, representatives, and anyone directly or indirectly employed by them, from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of every kind and nature whatsoever. By entering into the contest, each Entrant affirms that it has complied with the rules stated herein, any submission by Entrant does not infringe or violate any third party rights, and the submissions does not violate any federal, state, or local laws. BMC reserves the right to cancel, suspend, or modify this contest at any time if a problem prevents the contest from running as planned. BMC or Facebook are not responsible and cannot be held liable for technical errors or other things that may prevent the contest from running as planned. BMC reserves the right to substitute any prize with another prize of equal or greater value if the advertised price is not available. These rules and the contest shall be governed by the laws of the State of North Carolina.
Each individual "like" or "comment" on BMC's Facebook photos, events, videos, polls, links, and other posts will count as one submission for each user. The user with the most submissions by the end of the contest will be selected as the winner. In the event of a tie, BMC shall, in its sole discretion, have the option of choosing the winner. Entrants may not submit “comments” that violate a third party’s copyright or trademark rights and the “comment” shall not depict any individuals that have not granted permission to be featured.
One winner will receive one Mesh Inset Cap in Black, one Ogio Marshall Pack in Black, one Colorblock Microfleece Jacket in Black (size TBD), and one Crewneck Sweatshirt in Royal (size TBD). Subject to availability. The prize will be mailed to the winner.
Contest will begin 5/1/2019 TO 12/31/2019. Winner will be selected, announced, and contacted by 1/31/2020. If winner does not provide mailing address for prize by 2/15/2020, winner forfeits prize.