Official Rules
The following promotion is intended for viewing in the continental United States only (not including its territories, possessions, and commonwealths, Alaska, Hawaii, or Puerto Rico) and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal U.S. resident, 21 years or older, not a homeowner, and are accessing this site outside of the continental United States.
Let TOSTITOS® Design Fun into Your Entertaining Space: Win a $25,000 Makeover from Kim Myles Contest
1. How to Enter: The "Let TOSTITOS® Design Fun Into Your Entertaining Space: Win a $25,000 Makeover from Kim Myles" Contest (the "Contest") begins at 9:00 a.m. (Eastern Time ["ET"]) on April 14, 2008 and ends at 5:00 p.m. (ET) on May 30, 2008 (the "Contest Period"). Participants must submit an uploaded photograph of their living room or den from their home located in the continental U.S. States or the District of Columbia that is in need of a makeover and provide a short description (500 character limitation including spaces and punctuation) describing why that room should be renovated through the Contest. Entrants may participate online by visiting the Home & Garden Television website (www.hgtv.com) (the "Website") and completing the online entry process (limit one (1) online entry, per valid email address, per eligible person) during the Contest Period. Each entry must also include entrant’s full name, age, address, phone number (including area code), and e-mail address. Scripps Networks, LLC d/b/a Home & Garden Television ("HGTV" or "Contest Host"), Frito-Lay North America, Inc. ("Frito-Lay," "TOSTITOS®" or "Sponsor") nor Ritway, Inc. ("Contest Administrator") will verify receipt of entries. All entries submitted become the sole property of Sponsor and will not be returned.
2. Eligibility: To enter the Contest you must be a lawful permanent resident of the continental United States or the District of Columbia, be 21 years of age or older, and be the homeowner of record of the premises located in one of the continental United States that is the subject of your entry. Entrants who have won a prize in any HGTV or Scripps Networks, LLC promotion in the 90 days prior to the commencement of the Contest are ineligible. Contest is void in Alaska, Hawaii, Puerto Rico, the U.S. territories, possessions and commonwealths, and where restricted or prohibited by law. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the continental United States. You are not authorized to participate in the Contest if you are not located within the continental United States. When you enter at the Website, you may be asked to consent to receive promotional e-mails and reminders for upcoming Frito-Lay promotions and information about Frito-Lay. Consenting to receive such e-mails is optional and does not have to be agreed to in order to be eligible to enter the Contest, and does not increase your chances of winning the Contest. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of Frito-Lay, which is available at: http://www.fritolay.com. The Contest is not open to employees, or members of their households and/or immediate families (spouses, parents, siblings, children and each of their respective spouses), of Frito-Lay Inc., Scripps Networks, LLC, Ritway, Inc. ("Ritway"), participating affiliates, participating retailers, and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies (collectively, the "Contest Entities"). The Contest is governed by U.S. law and is subject to all federal, state and local laws and regulations.
3. Winning/Notification: Twenty-five (25) finalists (the "Finalists") will be selected based upon the criteria described below on or about June 16, 2008, from among all eligible entries received by 5:00 p.m. (ET) on May 30, 2008. In order to determine the Prize Winner, HGTV will conduct phone interviews with the Finalists, and each Finalist shall then submit an additional tape of themselves along with the room that was the subject of their original entry. HGTV representatives will then review the additional tapes and conduct an on-site visit to the home of one (1) or more Finalists before declaring the Prize Winner. The on-site visit does not guarantee an award of the Prize. HGTV will also conduct on-camera interviews of the Finalists. The Prize Winner will be selected from the Finalists based on the personal visit and phone interview with each Finalist. All eligible entries will be judged for the Prize by Sponsor. Judges’ decisions with respect to the Prize Winner and other matters pertaining to the Contest shall be final. If Contest Host is unable to contact a potential Prize Winner, if potential Prize Winner fails to complete and return all forms by the specified date, or if potential Prize Winner fails to comply with any of the requirements, or if any prize or prize notification is returned as undeliverable, an alternate prize winner shall be selected from remaining eligible entries based on the contest criteria set forth below. Entries will be judged on the following criteria:
- a compelling reason for the need of a makeover from the description (25%)
- the need for a makeover based upon the photograph(s) submitted (25%)
- the extent of the financial design impact that can be achieved to the submission (25%)
- the architectural or structural features that can be maximized by the makeover (25%)
The potential Prize Winner will be notified by telephone and/or overnight mail delivery on a date in late June 2008 to be determined by Contest Host. In the event a prize notification letter is returned as undeliverable, such prize will be forfeited and awarded to an alternate winner selected from among all remaining Finalists.
4. One (1) Grand Prize: The Prize Winner will win the following: (i) a personalized consultation with Kim Myles; and (ii) a $25,000 makeover for the living room or den space specified in the entry based on the personalized consultation with Kim Myles. Approximate Retail Value (ARV) of Grand Prize: $25,000.
The Contest Entities will not be responsible for any payments made to third parties as a result of architectural design, construction, or other related services required to accomplish the room makeover and will not be a party to any contracts relating to such services. The Contest Entities will not be responsible for any design or construction defects, any merchandise or product defects, or any zoning or building code violations arising as a result of renovating Prize Winner’s home. All other expenses not specifically identified as included in the Prize are the sole responsibility of the Prize Winner. All costs, taxes, fees, and expenses associated with any element of the Prize not specifically addressed above are the sole responsibility of the Prize Winner. All federal, state and local taxes on Prize are the Prize Winner’s responsibility. The Prize Winner will be issued a 1099 tax form for the cash value of the Prize. The Prize Winner will also be issued a release for his/her appearance and for the use of his/her home as an on-camera location. The Prize Winner agrees that HGTV’s camera crew and design team will require access to the Prize Winner’s home for approximately two (2) weeks in late June/early July 2008. The Prize Winner shall allow the HGTV design team to have free reign over the design and execution of the makeover. The Prize Winner must be available during the on-camera taping period, and may be considered for an appearance in the commercial spots. The Prize Winner will not be compensated for such appearance. The specifics of all aforementioned elements of the Prize in the Contest shall be solely determined by the Contest Entities. If Prize Winner does not agree with all of the foregoing Prize elements, the Prize will be forfeited and an alternate winner will be selected. Sponsor reserves the right not to tape or record the makeover or to feature the Prize Winner on television or in any other media.
5. Prize Conditions: Potential Prize Winner will be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release ("Affidavit/Release"), to be signed and returned within seven (7) days of notification date. If a potential winner is found to be ineligible, or if a potential winner fails to complete and return all requested forms by the specified date or if a winner fails to comply with any of the requirements herein, his/her Prize will be forfeited and an alternate winner shall be selected. If Prize or prize notifications are returned as undeliverable, this will result in disqualification and an alternate winner will be selected. All federal, state or other tax liabilities (including income taxes) arising from this Contest will be the sole responsibility of the Prize Winner. Except where prohibited by law, a potential winner’s entry and acceptance of the Prize constitutes permission for the Contest Entities to use said potential winner’s name, photograph, likeness, statements, biographical information, voice, and city and state address on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. The Prize cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or portions thereof, with a prize of equal or greater value or to award cash in the amount of $25,000. If Sponsor is unable to furnish Kim Myles in connection with the Prize and/or does not tape or record the makeover or feature the Prize Winner on television or in any other media, no substitution or compensation will be given in lieu thereof; however, remainder of Prize package will be awarded. The Prize will be awarded.
6. Contest Conditions: Entries become the property of the Contest Entities, and cannot be returned, and may be deemed a "promotional tool" of the Contest Entities under US copyright law. Entrant further agrees that the Contest Entities shall be the exclusive owner of the entry, including all copyrights and trademarks associated with any images or descriptions, and the Contest Entities or their assigned agent(s), will have the right to reproduce, publish, adapt, modify and/or revise the /photographs or any part of the entrants’ submissions, in its sole discretion, in any manner or form throughout the world, in perpetuity. Entries are deemed void if forged or if obtained/submitted outside authorized channels. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Contest Administrator, which shall be final and waive any right to claim ambiguity in the Contest or these Official Rules. Winners and entrants also agree to release, discharge, indemnify and hold harmless the Contest Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest. This Contest is subject to all applicable Federal and Municipal laws and all State and local regulations. This offer is void where prohibited and/or restricted by law.
7. Limitations of Liability: The Contest Entities their respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination thereof. Proof of mailing, in person submission, or online submission is not considered proof of delivery or receipt. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. If for any reason this Contest is not capable of running as planned, including, but not limited to tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt in any way or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select a winner by randomly drawing from those entries received up to the cancellation/suspension date. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. Rules/Winners List: To receive a winner’s list or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: "Let TOSTITOS® Design Fun Into Your Entertaining Space: Win a $25,000 Makeover from Kim Myles Contest", P.O. Box 52915, Knoxville, TN 37950. Please specify "Rules Request" or "Winners List Request". The winner’s list will be available after June 23, 2008. Requests received after July 31, 2008 will not be honored. You may also view the rules at www.hgtv.com.
9. Sponsor: Frito-Lay Inc., 7701 Legacy Drive, Plano, Texas 75024.
10. Contest Host: Scripps Networks, LLC d/b/a Home & Garden Television, 9721 Sherrill Boulevard, Knoxville, TN 37932.
11. Contest Administrator: Ritway, Inc., 1463 E. Weisgarber Road, Knoxville, Tennessee 37909
