The Curb Appeal Makeover Contest: Official Rules
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No Purchase Necessary TO ENTER OR WIN THIS CONTEST. A Purchase OF ANY KIND WILL NOT INCREASE YOUR Chances Of Winning.
THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW.
PRIZE ACCEPTANCE DOCUMENTS MAY BE REQUIRED TO BE SIGNED BY WINNER AND WINNER?S NEIGHBORS.
SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. POTENTIAL WINNER AND POTENTIAL WINNER?S NEIGHBORS WILL BE REQUIRED TO UNDERGO A BACKGROUND CHECK.
ELIGIBILITY: The Curb Appeal Makeover Contest (the ?Contest?) is open only to legal residents of the fifty (50) United States or the District of Columbia, eighteen (18) years of age or older at the time of entry. Entrant must be the homeowner of record for one of the homes that is selected to be the subject of the makeover in this Contest and willing to comply with all the requirements and obligations in these Official Rules or as otherwise required by Sponsor, including Sponsor?s determination that entrant?s background, following a check, is appropriate. All three (3) neighbors must live in single-family homes with a front yard. Owners of condos or apartments are not eligible for this Contest. Please be aware that while the three (3) houses don?t need to immediately border one another, they do need to be located close to one another on the same block/street. Employees, officers and directors (and their immediate family members (i.e., parents, legal guardians, children, grandparents, grandchildren, spouses or siblings and their respective spouses)) and those living in their same households, whether or not legally related, of Scripps Networks, LLC, d/b/a Home & Garden Television (?Sponsor?), Johlt Productions, KWP Studios, Inc., the Rachael Ray show and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, entrants agree to be bound by these ?Official Rules? and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules. Void where prohibited by law.
Additionally, Sponsor will conduct background checks on the Winner (defined below) and the Winner's neighbors, as a condition to receipt of the Grand Prize (defined below). Winner and Winner?s neighbors must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the Grand Prize. Sponsor reserves the right, in its sole discretion, to disqualify any Winner and/or the Winner?s neighbors based on such background check if Sponsor determines, in its sole discretion, that awarding the Grand Prize to such Winner might reflect negatively on Sponsor.
ENTRY PERIOD: Entrants may begin submitting entries to the Contest on or about 12:00 a.m. Eastern Time (?ET?) on September 27, 2011, and all submissions must be received by the Sponsor on or before 5:00 PM ET on October 21, 2011 (unless such date is otherwise extended by Sponsor, in its sole and absolute discretion) (the ?Entry Period?).
HOW to enter: Sponsor is looking for a group of three (3) neighboring homeowners who want to update the front yard of their houses. Do you and two (2) of your neighbors have a great story about your tight-knit community that could benefit from ?Curb Appeal? transformations of all three (3) homes? Are you all embarrassed by your homes? current outside appearance? Did you run out of energy, funds or ideas on a project? Does your house have peeling paint? Is it painted in neon yellow? Or is completely dull? Is the landscape overgrown or dead? Is the driveway cracked? Has your house lost its charm? Is the porch too small? If any of the answers to these questions are yes, this Contest may be for you. To enter the Contest, during the Entry Period, entrants must follow the following instructions to receive an entry into the Contest:
- Visit the HGTV/?Curb Appeal? website located at http://www.hgtv.com/curb-appeal-the-block/show/index.html (?Contest Website?) or link to the Contest Website from the Rachael Ray Show website located at http://www.rachaelrayshow.com and click on the ?Curb Appeal? Contest link to complete and submit an entry form that meets the requirements outlined in these Official Rules, including, without limitation, the photographs or other materials requested below that meet the Content Guidelines (defined below).
- On the entry form, entrants will be required to submit the following information for all three (3) homes:
- One (1) photo of the outside of each the three (3) homes from street/curb (individual who owns the home should stand at the curb when taking this photo);
- One (1) photo of each of the three (3) houses (medium shot);
- One (1) photo of all three (3) homeowners showing personality;
- Full name of homeowners;
- Phone numbers for each of the homeowners;
- Occupations of each of the homeowners;
- Neighborhood & city you live in including addresses for each of the homes; and
- In written format, describe your neighborhood story about why these makeovers could make a big difference in your community and the story of friendship that has bonded you three (3) neighbors together. Submissions by entrants should show why the homes are suitable for the makeover and why entrant and their neighbors each have the right personality to potentially appear on a television show.
- Entrants, at their option, may also be permitted to submit a video that is up to three (3) minutes in length that explains why the homes are suitable for the makeover and why entrant and their neighbors each have the right television friendly personality to potentially appear on television.
Mail-in entries will NOT be considered. A submission may in Sponsor?s sole and absolute discretion be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules. All eligible submissions to the Contest will be an entry in the Contest. All entries must be received by 5:00 p.m. ET on October 21, 2011 to be eligible; provided, however, Sponsor retains the discretion to extend this period, in its sole and absolute discretion. For purposes of this Contest, an online entry is "received" when the Contest Website?s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or ?thanks for entering? message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The database clock of Sponsor?s Contest Website will be the official time keeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor?s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor?s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail account from which it was sent but only if such person is otherwise eligible. The ?account holder? is the person assigned an e-mail address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant.
As part of the selection process during the Entry Period (and thereafter), Sponsor may contact entrant and set up a time to visit entrant?s residence, and/or interview entrant or entrant?s neighbors or ask for additional materials to be submitted to Sponsor, in order to determine whether the homes, entrant and/or neighbors are suitable for a makeover and to further evaluate and judge the entrant?s submission. If contacted by Sponsor, entrant and entrant?s neighbors must make their homes available for inspection or provide additional materials requested, as a condition of being considered.
Further, Sponsor or the Rachael Ray show may post submissions on their respective websites during the Entry Period and thereafter and the decision to post a submission online will have no bearing on whether such entry is selected as a Winner.
DETERMINING THE GRAND PRIZE WINNER: After the conclusion of the Entry Period, and vetting of the homes, each submission will be reviewed by a team of judges (?Judges?) assembled by Sponsor, who will review and judge all eligible submissions based on the following judging criteria (collectively, the ?Judging Criteria?):
50% based on creativity/originality as embodied in entrant?s story; and
50% based on the homes combined need, including uniqueness and suitability for of a ?Curb Appeal? style makeover.
Sponsor may, in its discretion, inspect the homes and interview the entrant and neighbors to further judge, the results of which are deemed part of the submission materials. Based on the total score the Judges assign to each submission using the Judging Criteria, one (1) winning submission will be ultimately selected by the Judges and will be a potential ?Winner?, subject to confirmation that the potential Winner has met the eligibility requirements and complied with these Official Rules.
SUBMISSION CONTENT GUIDELINES: Submissions that do not meet the following ?Content Guidelines? are subject to disqualification and/or removal from the Contest Website, each at Sponsor?s sole and absolute discretion:
- Except for materials that are in the public domain, each submission, in its entirety, to be a single work of original material created by the entrant and suitable for presentation in a public forum.
- Photo submissions uploaded through the Contest Website to be in one (1) of the following file formats: jpg; .jpeg or gif. The recommended width for a photo is at least 500 pixels.
- Video submissions must be one of the following file types: avi, .mov, .mpeg or wmv. wmv, mpeg/mpg (mpeg-2) or flv.
- The optional video submission should not to exceed three (3) minutes in length and total submission (video and/or photos) must not exceed one hundred (100) megabytes in file size.
- Submissions to not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Except for materials in the public domain, submissions to include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others? rights and any use of materials not original to the entrant is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor?s sole and absolute discretion).
- Submissions may only include original music created and performed solely by entrant (i.e. songs must be composed, lyrics written and performed by entrant). Submissions that include any pre-existing songs or recordings are inappropriate and will be subject to disqualification.
- Entrant must have permission from any individuals that appear in their submission (e.g. family members, friends, neighbors, etc.).
- Entrants must not submit a submission that if selected cannot be assigned to Sponsor as contemplated below.
INTELLECTUAL PROPERTY: Entrants, upon submission of their entry to the Contest, hereby irrevocably grant to Sponsor, and each of its licensees and promotional entities (including, without limitation, the Rachael Ray show), successors and assigns, during the Entry Period an exclusive, and thereafter the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submissions submitted as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any additional compensation or attribution to entrants. Sponsor, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor and its licensees and promotional entities will have the right to use the submissions submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called ?moral rights (droit moral)? now or hereafter recognized in connection with submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that entrants? submissions, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting release agreements. Additionally, the Grand Prize winner will be required to execute the Prize Acceptance Documents (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving the Grand Prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the submissions submitted. All submissions that are posted on the Contest Website are available to be viewed by anyone with access to the Internet. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their submission that may have familiarities or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties (defined below) because of these familiarities or similarities. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees (including without limitation, the Rachael Ray show) to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
Winner and each of Winner?s neighbors who participate in the Grand Prize will be required to irrevocably grant to Sponsor all services rendered by them, and all ideas and materials provided by Winner, in connection with the development, production and/or exploitation of print, graphic, audio and/or visual or other content, projects, productions, campaigns and/or programs. Winner?s and such neighbor?s services for Sponsor are a ?work-for-hire? as that term is used in copyright law and Sponsor will own all results and proceeds of the services, including, without limitation, all intellectual property and other rights and all physical materials. Winner and Winner?s neighbors hereby irrevocably give and grant to Sponsor all rights of every kind and character whatsoever in all media and languages now known or hereafter devised (including, but not limited to, film, television, videocassettes, DVDs and other storage mediums, mobile media, interactive devices and Internet and on-line systems) throughout the world, in perpetuity, in and to all work done, and all poses, acts, plays and appearances made by Winner, Winner?s neighbors and each of their respective voice and instrumental, musical or other sound effects produced by them, and in and to all of the results and proceeds of such individuals services as well as in and to the right to use each of such individual?s name, likeness and photographs, either still or moving, for all commercial and non-commercial purposes (including, but not limited to, merchandising, advertising and promotion purposes) in connection therewith. Winner and Winner?s neighbors may be required to confirm such rights grant by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor, including without limitation, appearance & liability releases for Curb Appeal and/or the Rachael Ray show) and deliver such documents as contemplated below. Winner and Winner?s neighbors may be required to execute Sponsor?s standard engagement agreement for the services in connection with the Contest and the Grand Prize on the terms presented or such Winner will otherwise be disqualified from receiving the Grand Prize.
REPRESENTATIONS, WARRANTIES AND INDEMNITY: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her submission to any other third party. Further, each entrant represents and warrants that Sponsor?s use of any submission shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
WINNER NOTIFICATION: The potential Winner will be notified by mail, e-mail and/or in person (as selected by Sponsor) on or about October 31, 2011, unless extended by Sponsor, and such notification may be filmed for possible television broadcast. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail or in person notification, one (1) day after sending via a delivery service or two (2) days after mailing. The potential Winner and the potential Winner?s neighbors will be required to execute and return an affidavit of eligibility, a liability release, a publicity release and services and performances agreements, including, without limitation, appearance and liability releases for the Rachael Ray show (collectively, ?Prize Acceptance Documents?) and a background check authorization form (?Background Check Form?) within seven (7) days of date of issuance. The potential Winner must also be able to provide evidence of the home ownership if they are selected as the Winner. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, Grand Prize will be forfeited and, at Sponsor?s discretion, an alternate winner selected.
Non-compliance shall result in disqualification and award of the Grand Prize to an alternate winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the Grand Prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner.
GRAND PRIZE: One (1) grand prize winner (the ?Winner?) will receive one (1) prize package (a ?Grand Prize?) consisting of a makeover of the Winner and the Winner?s neighbors front yards and facades (i.e., three total) plus one small project that will benefit the entire neighborhood (e.g., planting flowers in a shared space). Winner and Winner?s neighbors may be shown a design plan prior to makeovers. Approximate retail value (?ARV?) of the Grand Prize is up to One Hundred Thousand Dollars ($100,000.00) (actual value may vary depending on the homes that will be the subject of the makeover and particular projects picked for the makeover). Any differences between stated ARV and actual ARV will not be awarded.
The Grand Prize makeovers may, in Sponsor?s sole and absolute discretion, be featured in a special episode of ?Curb Appeal? (?Special?) that may air on HGTV (or otherwise) on a date to be determined, in Sponsor?s sole discretion, but this is not guaranteed and not part of the Grand Prize. The Grand Prize makeovers may also be featured on the nationally syndicated talk show Rachael Ray on a date to be determined, but this is not guaranteed and not part of the Grand Prize being awarded. However, to be eligible for the Grand Prize, the potential Winner and the Winner?s neighbors featured in their submission must be willing to have the makeover be recorded for the Special and/or the Rachael Ray show and to appear personally therein at various times and dates, as directed by Sponsor. In order for Sponsor to fulfill the Grand Prize, Winner and Winner?s neighbors must be available, at a minimum, for one (1) day for an initial site inspection, telephone and/or in-person interview(s) and three (3) days for yard renovations, the time and dates to be determined in Sponsor?s sole discretion. Grand Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor's sole and absolute discretion. All Grand Prize details not specified in these Official Rules will be determined in Sponsor?s sole and absolute discretion. Grand Prize details and availability are subject to change and Sponsor?s rules and restrictions, and the Sponsor may, in its sole and absolute discretion, elect not to award the Grand Prize but to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded ?AS IS? and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether it, in whole or in part, is used. ARV of the Grand Prize is based on available information provided to Sponsor and the value of any Grand Prize awarded to a Winner may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number or tax identification number before the Grand Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the Grand Prize received. Unclaimed prizes will be forfeited. If winner does not accept the Grand Prize, the unaccepted or unused part of the Grand Prize will be forfeited and Sponsor will have no further obligation with respect to that Grand Prize or portion of the Grand Prize. Notwithstanding anything contained in these Official Rules but for greater certainty, due to editing or otherwise, even if Winner is filmed, the Winner may or may not appear in the Special (and/or the Rachael Ray show), and there shall be no obligation whatsoever to allow Winner to appear in the Special. Sponsor is under no obligation to publicly air or otherwise distribute the Special. In the event a Winner (and/or his or her neighbors) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Grand Prize early and not award it, in whole or in part.
General Conditions: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Grand Prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor?s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS? FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASE: By participating in the Contest, entrants agree to release, discharge and hold harmless Sponsor, KWP Studios, Inc., the Rachael Ray show and each of their respective parents, subsidiaries, affiliates, partners, agents, distributors, licensors, licensees, broadcast stations, representatives, attorneys, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (?Released Parties?): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants? participation in the Contest and/or related to any Grand Prize (including, without limitation, losses, damages or injuries to entrant's or any other person?s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or Grand Prize). Without limiting the generality of the foregoing entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to Grand Prizes, including, without limitation, to any Grand Prize?s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (?Suppliers?) as a part of the Grand Prize provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants? attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (?Section 1542?) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: ?A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.? The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, 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 Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor?s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, 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.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY GRAND PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS? FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS? REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES / ARBITRATION: This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. The parties agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there?s no judge or jury and review is limited. The arbitrator?s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (?FAA?), and judgment on the award may be entered in any court with jurisdiction. The parties hereto each also agree as follows: If either of the parties wants to arbitrate a dispute, the parties agree to send written notice to the other providing a description of the dispute and the proposed resolution. Sponsor will send notice to you based on the contact information you have provided us and notice to us must be sent to: Scripps Networks, LLC, Attn: Legal Department, 1180 Avenue of the Americas, New York, NY 10036. The parties agree to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either party may submit the dispute to formal arbitration. The FAA applies to these Official Rules and arbitration provision. We each agree the FAA?s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. The arbitration will be administered by the American Arbitration Association (?AAA?) under its consumer arbitration rules. If any AAA rule conflicts with these Official Rules, these Official Rules apply. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org. In the event AAA is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", than either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (?JAMS?) or any other mutually agreeable arbitration administration service. The arbitration will be conducted by a single neutral arbitrator and will take place in New York, NY. The federal or state law that applies to these Official Rules will also apply during the arbitration. The parties each agree not to pursue arbitration on a class-wide basis. The parties each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual?s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in court. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys? fees and experts? fees, which are incurred in connection with the arbitration; provided, however, if applicable law requires Sponsor to pay the arbitrator?s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Either party may bring qualifying claims in small claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest).
SPONSOR: Scripps Networks, LLC, d/b/a Home & Garden Television, 9721 Sherrill Boulevard, Knoxville, Tennessee 37932 (Attn: ?Curb Appeal Contest? ? Legal Department).
NAME OF WINNER/OFFICIAL RULES: For the name of the winner, send a legal-size, self-addressed, stamped envelope for receipt no later than three (3) months after the end of the Entry Period to: ?Curb Appeal Makeover Contest,? c/o HGTV, 9721 Sherrill Blvd, Knoxville, TN 37932.? For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope prior to the end of the Entry Period to ?Curb Appeal Makeover Contest,? c/o HGTV, 9721 Sherrill Blvd, Knoxville, TN 37932. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests.
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