Hex Rules and Regulations
Author:Lindsey ShookThe HEX/California Home + Design Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR: The
sponsor of HEX/California Home + Design Sweepstakes (“Promotion”) is McEvoy
Media, LLC (“Sponsor”), 680 Second Street, San Francisco, CA 94108.
PROMOTION DESCRIPTION: The Promotion begins at 9:00:00 a.m. Pacific Time on
March 5, 2012 and ends at 11:59:59 p.m. on March 18, 2012 (“End Date”).
Entrants in the Promotion will enter their email address in a field on a
CaliforniaHomeDesign.com blog. The eligible entrant will supply McEvoy Media
with a valid address. One winner will be chosen for one gift card for HEX
worth an estimated $100. By participating in the Promotion, each entrant
unconditionally accepts and agrees to comply with and abide by these
Official Rules and the decisions of Sponsor which shall be final and binding
in all respects.
ELIGIBILITY: The Promotion is open only to residents of the 50 United
States of America or the District of Columbia who are 21 years of age or
older as of their time of entry. Employees of Sponsor, its prize providers
and licensors, and each of the foregoing entities’ affiliates, authorized
designees and other related entities, and any other individual or entity
associated with the development, judging, or administration of the Promotion
(collectively, the “Promotion Entities”), as well as members of such
employees’ immediate families (spouses, children, siblings, parents), and
persons living in the same household as such persons, whether or not
related, are not eligible to participate in the Promotion.
HOW TO ENTER: To enter, go to the Promotion Site, complete the free entry
process for a chance to win. Except as otherwise contemplated in these
Official Rules, and to the extent entrants may otherwise elect at the time
of entry, personal information collected in connection with the Promotion
will be used in accordance with the online privacy policy available at
CaliforniaHomeDesign.com. Any communication or information transmitted to
Sponsor by e-mail or otherwise is and will be treated as non-confidential
and non-proprietary. Proof of submission is not considered proof of
delivery to or receipt of such entry. Furthermore, Sponsor shall have no
liability for any Submission that is not properly posted to the Promotion
Site. Sponsor is the official time keeper for the Promotion. All entry
information and materials, including any copy of the Submission submitted to
Sponsor, become the property of Sponsor and will not be acknowledged or
returned.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters the
Promotion represents and warrants as follows: (a) the Submission does not
contain any harmful computer code and is not otherwise corrupted; (b) as of
the date of submission, the Submission is not the subject of any actual or
threatened litigation or claim; (c) the Submission does not and will not
violate or infringe upon the intellectual property rights, publicity rights,
privacy rights, or any other rights of any other person or entity; and (e)
the Submission does not and will not violate any applicable laws, and is not
and will not be defamatory or obscene. Each entrant hereby agrees to
indemnify and hold the Promotion Entities harmless from and against any and
all third party claims, actions or proceedings of any kind and from any and
all damages, liabilities, costs and expenses relating to or arising out of
any breach or alleged breach of any of the covenants, representations and
warranties of entrant hereunder.
GRANT OF RIGHTS: By submitting any Submission in connection with the
Promotion, each entrant into the Promotion hereby (a) irrevocably grants to
Sponsor and its affiliates, and their respective successors and assigns, a
non-exclusive, transferable, fully-paid, royalty-free, worldwide, perpetual,
license, to use such Submission in connection with the Promotion in any
media, including, without limitation, in advertising, marketing, and
publicity for the Promotion through any California Home + Design media
properties, such as CaliforniaHomeDesign.com and the California Home +
Design magazine; and (b) agrees to execute all further documents respecting
such Submission requested by Sponsor, including any further license, in
order for Sponsor to use such Submission. For clarity, Sponsor has the
right (but not the obligation) to use any Submissions.
PRIZES/SELECTION CRITERIA:
Grand Prize: The eligible entrant who is chosen
by random drawing wins one gift card for HEX worth approximately $100.
Results of drawing to be announced by March 30, 2012 with winner contacted
by email. By participating in the Promotion, each entrant unconditionally
accepts and agrees to comply with and abide by these Official Rules and the
decisions of Sponsor which shall be final and binding in all
respects.
General prize conditions: All results of the selection are final
and binding, subject to these Official Rules. In the event an entry is
discovered to be invalid for any reason whatsoever or the person who
submitted the entry fails to comply with these Official Rules prior to
delivery of the prize, the prize may be forfeited and awarded to an
alternate winner. No more than the advertised number of prizes will be
awarded. Prizes will be delivered only to an address in the United States.
No cash alternative or substitution of prizes will be allowed, except
Sponsor reserves the right in its sole discretion to substitute prizes of
comparable value, in whole or in part, for any reason.
THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER
TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR
AND WILL NOT PAY ANY SUCH TAXES.
DATES AND DEADLINES/ANTICIPATED NUMBER OF
ENTRANTS: Because of the unique nature and scope of the Promotion, Sponsor
reserves the right, in addition to those other rights reserved herein, to
modify any dates or deadlines set forth in these Official Rules or otherwise
governing the Promotion. Many will enter, only one (1) will win prize.
Sponsor cannot accurately predict the number of entrants who will
participate in the Promotion.
NOTICE TO WINNERS: Attempts to notify potential winners will be made using
the e-mail address provided at entry. Sponsor is not responsible for e-mail
or other communication problems of any kind. If, despite reasonable
efforts, a potential winner does not respond within two (2) days of the
first notification attempt (or such shorter time as exigencies may require),
or if the prize or prize notification is returned as unclaimed or
undeliverable to such potential winner, such potential winner will forfeit
his or her prize and an alternate winner may be selected.
FURTHER DOCUMENTATION: If Sponsor elects to secure Affidavit of
Eligibility, a Liability Release, and (where imposing such condition is
legal) a Publicity Release or other documents as Sponsor may reasonably
require in order to effectuate the purposes and intents of these Official
Rules, then each entrant agrees to sign the same upon Sponsor’s request.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion
Entities (a) shall not be responsible or liable for any losses, damages, or
injuries of any kind (including death) resulting from participation in the
Promotion or any Promotion-related activity, or from entrants’ acceptance,
receipt, possession, use, or misuse of any prize, and (b) have not made any
warranty, representation, or guarantee express or implied, in fact or in
law, with respect to any prize, including, without limitation, regarding
such prize’s quality or fitness for a particular purpose. Entrants will
indemnify, defend, and hold harmless the Promotion Entities from and against
all third party claims arising from or relating to entrant’s participation
in the Promotion. Sponsor assumes no responsibility for any damage to an
entrant’s computer system which is occasioned by accessing Promotion-related
websites or participating in the Promotion, or for any computer system,
phone line, hardware, software, or program malfunctions, or other errors,
failures, delayed computer transmissions or network connections that are
human or technical in nature. Without limiting the generality of the
foregoing, Sponsor is not responsible for incomplete, illegible,
misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries
or prize notifications; or for lost, interrupted, inaccessible, or
unavailable networks, servers, satellites, Internet Service Providers,
websites, or other connections; or for miscommunications, failed, jumbled,
scrambled, delayed, or misdirected computer, telephone or cable
transmissions; or for any technical malfunctions, failures, difficulties, or
other errors of any kind or nature; or for the incorrect or inaccurate
capture of information, or the failure to capture any information. Sponsor
reserves the right in its sole discretion to disqualify any individual who
is found to be tampering with the entry process or the operation of the
Promotion or Promotion-related websites, to be acting in violation of these
Official Rules, or to be acting in an unsportsmanlike or disruptive manner,
or with the intent to disrupt or undermine the legitimate operation of the
Promotion, or to annoy, abuse, threaten, or harass any other person, and
Sponsor reserves the right to seek damages and other remedies from any such
person to the fullest extent permitted by law. In the event an insufficient
number of eligible entries are received or Sponsor is prevented from
awarding prize(s) or continuing with the Promotion as contemplated herein by
any event beyond its control, including, without limitation, fire, flood,
natural or man-made epidemic, earthquake, explosion, labor dispute or
strike, act of God or public enemy, satellite or equipment failure, riot or
civil disturbance, terrorist threat or activity, war (declared or
undeclared) or any federal state or local government law, order, or
regulation, public health crisis, order of any court or jurisdiction, or
other cause not reasonably within Sponsor’s control (each a “Force Majeure”
event or occurrence), Sponsor shall have the right to modify, suspend, or
terminate the Promotion. If the Promotion is terminated for Force Majeure
before the designated End Date, Sponsor will (if possible) select winners
from all eligible, non-suspect entries received as of the date of the event
giving rise to the termination. These Official Rules cannot be modified or
amended in any way except in a written document issued in accordance with
the law by a duly authorized representative of Sponsor. The invalidity or
unenforceability of any provision of these Official Rules shall not affect
the validity or enforceability of any other provision. In the event that
any provision is determined to be invalid or otherwise unenforceable or
illegal, these Official Rules shall otherwise remain in effect and shall be
construed in accordance with their terms as if the invalid or illegal
provision were not contained herein.
PUBLICITY RELEASE: By participating in the Promotion, in addition to any
other grants which may be granted in any other agreement entered into
between Sponsor and any entrant in the Promotion, each entrant irrevocably
grants the Promotion Entities and their respective successors, assigns, and
licensees, the right to use such entrant’s name, likeness, and responses to
registration questions in any and all media for any purpose, including,
without limitation, advertising and promotional purposes as well as in, on
or in connection with the Promotion and hereby releases the Promotion
Entities from any liability with respect thereto.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the
construction, validity, interpretation, and enforceability of these Official
Rules or the rights and obligations of entrants and Sponsor in connection
with the Promotion shall be governed by and construed in accordance with the
laws of the State of California without giving effect to any choice of law
or conflict of laws rules or provisions. Any legal claims arising from or
relating to the Promotion or these Official Rules must be brought in the
federal or state courts located in San Francisco, California.
WINNERS LIST/OFFICIAL RULES: To obtain any legally-required winners list
(after the conclusion of the Promotion) or a copy of these Official Rules,
send a self-addressed envelope with the proper postage affixed to: McEvoy
Media, LLC, Attn: HEX/California Home + Design Sweepstakes, 680 Second
Street, San Francisco, CA 94108. Please specify “winners list” or “Official
Rules” and the name of the Promotion in your request.
