The following promotion is intended for viewing in the 48 contiguous United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 48 contiguous United States and D.C., 21 years or older, and accessing this site in the United States.
LIVE AT VERN’S HOUSE CONTEST
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID IN ALASKA, HAWAII, PUERTO RICO AND WHERE PROHIBITED.
1. How to Enter Beginning at 12:01 a.m. Eastern Time (“ET”) on June 10, 2014 until 11:59 p.m. ET on August 1, 2014 (the “Promotion Period”), you may enter the Live at Vern’s House Contest (the “Promotion”) by visiting the HGTV website (www.hgtv.com/vern) (the “Website”) and completing the online entry form and submitting a Submission (as defined below). All entries must be received by 11:59 p.m. ET on August 1, 2014 to be eligible. Each entry must also include entrant’s (“Entrant”) full name, age, address, phone number (including area code) and e-mail address. Scripps Networks, LLC dba Home & Garden Television (“Sponsor”) will not verify receipt of entries.
2. Submission Requirements Submissions for the Promotion must consist of: (i) one (1) digital color photograph, taken by you, which illustrates why you are Vern’s biggest fan (the “Photos”); and (ii) a brief description, in 300 words or less, explaining why you want to stay in Vern’s house (collectively, the “Submissions” and each, a “Submission”). The Photo must be in .jpg, .gif or .png format, and the total upload should not be larger than one (1) megabyte. All Submissions become the property of Sponsor and will not be returned. If you are selected as a prospective Grand Prize Winner, you will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective finalist will be disqualified. Incomplete and/or late Submissions will also be disqualified.
Completed Submissions that are created and received within the above-mentioned guidelines shall collectively be referred to herein as the “Eligible Entries”. Submissions that are not your original work and/or illegible or incomplete application forms will not be accepted. Sponsor reserves the right to reject any Submissions that it deems, in its sole discretion, to violate any of the policies of Sponsor’s customary standards and practices.
Limit of one (1) entry per eligible person during the Promotion Period. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations or logins, or any other methods, may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.
The Submission must not include: (a) content that violates any third-party rights, including, but not limited to, copyrights or trademark rights; (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language that promotes alcohol, tobacco, or drug use; or (f) any other language that Sponsor determines is not reasonably related to the Promotion.
3. Representations and Warranties By submitting a Submission, you represent and warrant that: (a) the Submission is an original work created solely by you; (b) you own all rights to the Submission; (c) the Submission complies with all requirements of these Official Rules; and (d) you understand that other Entrants may submit Submissions that are identical to yours and that you shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
4. Eligibility This Promotion is open only to legal residents of the 48 contiguous United States and D.C. who are 21 years of age or older at time of entry. Void in Alaska, Hawaii, and where prohibited. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are ineligible.
6. Limitations of Liability Sponsor, other participating sponsors and Ritway, Inc. (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, 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 your or any other person’s computer relating to or resulting from participation in this Promotion; 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 other errors; and any entries that 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. All entries become the property of Sponsor and will not be returned. By entering, all you also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or 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 Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Except where prohibited by law, the Grand Prize Winner's entry and acceptance of the prize constitutes permission for the Promotion Entities to use Grand Prize Winner’s and any travel companion’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. No more than the advertised number of prizes will be awarded. You 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. You 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.
7. How Winner will be Determined After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select one Grand Prize Winner based on the following judging criteria: (a) 50% based on creativity of the description of why you want to stay in Vern’s house; and (b) 50% based on the design inspiration displayed in the Photos.
The Entrant with the highest scoring Submission will be the Grand Prize Winner. In the event of a tie, ties will be broken based on the creativity of the description criteria score. Sponsor’s decisions with respect to the Grand Prize Winner and other matters pertaining to the Promotion shall be final.
8. Prize Conditions The Grand Prize Winner (“Grand Prize Winner”) may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the Grand Prize Winner within three (3) days from first notification attempt, if the Grand Prize Winner fails to complete and return all requested forms by the specified date, or if the Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Submission.
Prior to selection of the Grand Prize Winner, Entrants and/or their Submissions may be featured on the Website; however, in no way shall such promotion influence the selection of the Grand Prize Winner. The Grand Prize Winner will be notified by email, telephone, and/or overnight mail delivery on a date on or around September 1, 2014 to be determined by Sponsor.
9. Ownership of Submissions By submitting a Submission, you acknowledge and agree that: (a) Sponsor is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your Submission, including, without limitation, all copyright, trademark, and other proprietary rights in and to the Submission (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the Submission shall inure to the benefit of Sponsor from the date of conception, of creation, or of fixation in a tangible medium of expression (whichever occurs first), of such Submission; (c) your Submission is a "work made for hire" (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that your Submission is not a work made for hire, you hereby assign to Sponsor all right, title, and interest in and to the Submission and all copies thereof that you may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) you waive all claims to any and all moral rights in the Submission including, without limitation, your right of attribution and integrity; and (f) Sponsor may exploit the Submission (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. Sponsor reserves the right to modify or edit the winning Submission for content including all copyrights and trademarks, and Promotion Entities or their assigned agent(s) will have the right to reproduce, publish, adapt, modify and/or revise the Submission, in its sole discretion, in any manner or form throughout the world, in perpetuity. Sponsor will own all rights to the winning Submission.
10. Conditions of Entry Entry materials that have been tampered with or altered are void. If, in the judge’s or Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and proceed with the judging process, as outlined in the “How Winner will be Determined” section to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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.
11. Prize The Grand Prize Winner shall win the following (the “Grand Prize”): a one week vacation for six (6) at Vern’s house in Rosemary Beach, Florida, which includes: (i) six (6) round trip coach class air fares between the major commercial airport in the 48 contiguous United States and D.C. closest to Grand Prize Winner’s residence and Rosemary Beach, Florida (airports determined by Sponsor in its sole discretion); and (ii) seven (7) days and six (6) nights stay at Vern Yip’s beach house in Rosemary Beach, Florida. Approximate retail value (“ARV”) of the Grand Prize: $17,000.
The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize.
Travel must be round trip. Sponsor will determine airline, flight itinerary and hotel accommodations in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Grand Prize Winner will not receive difference between actual and ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All travel must be completed between March 1, 2015 and May 30, 2015, and must be arranged with Sponsor a minimum of sixty (60) days in advance, and is subject to availability and Sponsor’s approval. Further restrictions as to the use of the beach house may apply, including prohibitions on pets and smoking. If Grand Prize Winner is unable to fulfill Grand Prize during time period, Grand Prize Winner forfeits the Grand Prize in its entirety and an alternate winner may be selected. All travel dates will be determined by the Sponsor, and once made may not be altered except by Sponsor. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the Grand Prize Winner. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and travel companions are responsible for obtaining travel insurance (and all other forms of insurance) at their option and Grand Prize Winner hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize Winner and travel companions must travel the same itinerary and on the dates and/or times specified by Sponsor or the Grand Prize will be forfeited in its entirety. Once the travel companions are selected, they may not be substituted, except at the Sponsor’s sole discretion. Travel companions of Grand Prize Winner must be at least twenty-one (21) years of age or older, unless accompanied by his/her parent or legal guardian, and must sign a Liability and Publicity Release. If Grand Prize Winner’s travel companions fail to return such documents within date and/or time indicated within such documents, then the Grand Prize Winner may forfeit the right to the travel companion.
Grand Prize cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or portions thereof, with a prize of equal or greater value.
12. Disputes/Governing Law All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of you or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Tennessee. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Knox County, Tennessee, and you expressly consent to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Tennessee. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU (AND THEIR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
13. Winner List Beginning on or about September 8, 2014 you may obtain the name of the Grand Prize Winner by going to the Website.
14. Sponsor Scripps Networks, LLC dba Home & Garden Television, 9721 Sherrill Boulevard, Knoxville, Tennessee 37932.
15. Administrator Ritway, Inc., 1463 E. Weisgarber Rd., Knoxville, TN 37909.