California Home + Design Bathroom Refresh CONTEST Official RulesAuthor:Lindsey Shook
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. MANY WILL ENTER, ONLY ONE WILL WIN. VOID WHERE PROHIBITED.
CONTEST DESCRIPTION: The California Home + Design Bathroom Refresh Contest (the “Contest”) begins on July 2, 2012 at 12:00 a.m. Pacific Time (“PT”) and ends on August 5, 2012 at 11:59 p.m. PT (the “Contest Period”). Entrant will submit a written response of 250 words or less describe the experience described below along with photographs of and other information about their bathroom. One (1) winner will be chosen by the staff of Sponsor and Teevan. Entry in the Contest does not constitute entry into any other promotion, contest, or sweepstakes. By participating in the Contest, each entrant (or if entrant is a minor, his or her parent or legal guardian, collectively referred to as “Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of California Home + Design, a unit of McEvoy Media, LLC, 680 Second St., San Francisco, CA 94107 (“Sponsor”), which shall be final and binding in all respects. The prize provider is Teevan Company, 2247 Union St., San Francisco, CA 94123 (“Teevan”).
ELIGIBILITY: Open only to legal U.S. residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years old or older as of time of entry and who own and occupy a home located in Alameda, Marin, San Francisco, San Mateo, or Santa Clara counties in California. Officers, directors, and employees of Sponsor and Teevan and their parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and contest agencies (all such individuals and entities referred to collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Contest or win a prize. This Contest is void where prohibited.
HOW TO ENTER: To enter the Contest submit a written description, in 250 words or less, of the following experience: “Stand in your bathroom and look around. Tell us how you feel about your bathroom as it is today. Now, close your eyes and dream. Tell us how you will feel standing in you refreshed bathroom and how the new space will impact your life and the way you live.” Your written description must be sent along with photographs of all elements, fixtures, and sides and the square footage of your bathroom (collectively, a “Submission”) by email to email@example.com. Included with the Submission must be the entrant’s name, address, email, and telephone number. The photographs must be in either .jpg or .tiff format. No people may appear in the photographs included in the Submission. Limit one (1) entry per person. All Submissions must be received by the end of the Contest Period in order to participate. Sponsor will be the official timekeeper for this Contest. All required information must be completed to enter and to be eligible to win. Proof of emailing information is not considered proof of delivery to or receipt by Sponsor of such entry.
Entry must be made by the Entrant, only to the email address specified above. Submissions made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial contest subscription notification and/or entering service websites, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
TERMS OF ENTRY: By participating in the Contest, Entrant represents and warrants that (a) the Submission is his or her original work and not copied in whole or in part from others and that he or she owns or controls the necessary legal and intellectual property rights in the Submission (including, without limitation, the copyright in the Submission itself and all other copyrightable subject matter reproduced or used in connection with the Submission and the publicity rights for anyone who is recognizable in the Submission) in order to make the grant of rights, licenses, and permissions that Entrant has made herein, and that the exercise of such rights, licenses, and permissions by Sponsor, including posting on the Internet, shall not violate or infringe the rights of any third party; (b) his or her Submission does not contain any content that is likely to be considered offensive by the Sponsor, disparaging of Sponsor or could adversely affect the name, reputation, or goodwill of Sponsor.
As between Entrant and Sponsor, Entrant owns all rights in and to his or her Submission. However, Sponsor must have Entrant’s permission and license to use the Submission for purposes of the Contest. Accordingly, by entering a Submission in connection with the Contest, Entrant hereby (a) grants to Sponsor and its affiliates, and their respective successors and assigns, permission and a license to reproduce, modify, perform, display, distribute, and otherwise use the Submission in any media worldwide for purposes of the Contest, including, without limitation, on Sponsor’s website(s) and in promotion, advertising, and publicity for the Submission, Contest, or Sponsor; and (b) agrees to sign all further documents respecting the Submission requested by Sponsor, including any further permission or license, in order for Sponsor to use the Submission as contemplated in these Official Rules. For clarity, Sponsor has the right, but not the obligation, to use any Submission.
If Entrant’s Submission includes any third party content (such as written content, photographs or artwork written, taken or made by other persons), Entrant must be able to provide, upon Sponsor’s request, all appropriate clearances, licenses, permissions, and releases for such third party content. In the event Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases for Sponsor’s benefit, or modify the Submission so that it no longer requires the releases, or allow the applicable Submission to remain in the Contest.
Sponsor reserves the right to disqualify any Submission that, in Sponsor’s sole and absolute discretion, violates these Official Rules.
WINNER SELECTION: A panel of judges at Sponsor and Teevan will select the Contest winner, from among all eligible Submissions, based on the following judging criteria:
• Originality (50%)
• Quality of overall story (50%)
The judging criteria are to be applied in the sole discretion of Sponsor, Teevan, and the individual judges. By entering the Contest, Entrants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor, Teevan, and the individual judges.
WINNER NOTIFICATION: Each potential prize winner will be notified by telephone and/or mail and/or e-mail using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within five (5) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners of in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
PRIZES/ODDS: The winner will receive one (1) bathroom refresh and refresh performed by Teevan. The prize has an approximate retail value of $35,000. Design, labor, and materials will be provided and selected by Teevan in its sole discretion. Teevan will work with the winner on the design concept for the bathroom refresh, however, the final design and design approval will be the decision of Teevan. The home containing the bathroom to be renovated must be located in Alameda, Marin, San Francisco, San Mateo, or Santa Clara counties in California. The home must be owned and owner occupied; no rental properties may be entered. Teevan must be able to start work immediately upon winner notification. The refresh project must only require over the counter permits. Winner will cooperate and take all necessary actions to obtain such required permits with the reasonable assistance from Teevan. Winner must sign a Home Improvement Contract with Teevan (contract to be provided by Teevan) Actual value of the prize may vary based on the size of the bathroom, final design details, and work needed. Winner will not receive the difference between actual and approximate retail value of the prize. Immediately upon notification of winning, winner must provide Teevan with full access to the bathroom to be refreshed. The Refresh Project must be completed and photo-ready by August 22, 2012. During the time between winner notification and August 22, 2012. Teevan must have full access and control over the project site and schedule. Many will enter, only one (1) will win. Actual odds of winning depend on the number of eligible entries received during the Contest Period. Sponsor cannot accurately predict the number of eligible entries.
GENERAL PRIZE CONDITIONS: 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 if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize, INCLUDING ANY LUXURY TAX.
DATES AND DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, 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 Contest.
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 the Contest or these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Contest Entities (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury and property damage, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize (including, without imitation, any and all costs, injuries, losses or damages of any kind caused to the winner’s property in connection with the 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, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an Entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest, 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, damaged, stolen, or postage-due 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 Contest, 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 Contest, 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. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, 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, extend, or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select a winner 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 Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in the Contest, each Entrant irrevocably grants the Contest Entities and their respective successors, assigns, and licensees, the right to use such Entrant’s name, likeness, image, and biographical information in any and all media worldwide, including, without limitation, advertising and promotional purposes in connection with the Contest and hereby releases the Contest 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 OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNER’S LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: California Home + Design, 2247 Union St., San Francisco, CA 94123. Please specify “winners list” or “Official Rules” and the name of the Contest in your request.
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