The following promotion is intended for viewing in the contiguous 48 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 contiguous 48 United States and D.C., 21 years or older, and accessing this site in the United States.
THE MOST EMBARRASSING KITCHEN IN AMERICA 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 CONTIGUOUS 48 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY, THAT OWN THEIR OWN HOME.
VOID IN ALASKA, HAWAII, PUERTO RICO AND WHERE PROHIBITED.
How to Enter: Beginning at 9:00 a.m. Eastern Time ("ET") on May 7, 2013 until 5:00 p.m. ET on May 21, 2013 (the "Promotion Period"), you may enter The Most Embarrassing Kitchen in America Contest (the "Promotion") by visiting the Home & Garden Television ("HGTV") website (www.hgtv.com) (the "Website") and completing the online entry form and submitting a Submission (as defined below). All entries must be received by 4:59:59 p.m. ET on May 21, 2013 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.
Submission Requirements: A submission should consist of one (1) digital video ("Video") or up to ten (10) digital photographs (each a "Photograph") clearly depicting Entrant's kitchen (collectively, a "Submission") that demonstrates the Entrant's problem kitchen that is preventing him/her from being a great cook. This includes outdated kitchens, improperly equipped kitchens, run-down kitchens, kitchens with odd layouts, or some other element that is not conducive to cooking. Entrant must have the legal rights to renovate the kitchen that is the subject of the Submission. Submissions should show why the room is suitable for the makeover and why entrant has right personality to potentially appear on a television show.
A Video Submission must be in.avi, .mov, .3pg, .3g2, .qtl, .mp4, .mpg, or .wmv format and must be no longer than ten (10) minutes in duration. A Photograph Submission must be in .jpg, .gif, or .jpeg format; the recommended width for a Photograph is at least five hundred (500) pixels. The combined file size of an Entrant's Submission must not exceed one hundred (100) megabytes. All Submissions become the property of Sponsor and will not be returned. If Entrant is selected as a prospective Grand Prize Winner, Entrant 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 original work of the Entrant 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 the Sponsor's customary standards and practices.
Limit of one (1) entry per eligible person during the Promotion Period. If multiple entries are received during the Promotion Period, 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 any participant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations or logins, or any other methods may void that participant's entries and that participant may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, Promotion entry services) will void all entries by that Entrant. 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 Grand Prize Winner 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.
Representations and Warranties: By submitting a Submission, an Entrant represents and warrants that: (a) the Submission is an original work created solely by Entrant; (b) Entrant owns all rights to the Submission; (c) the Submission complies with all requirements of these Official Rules; and (d) Entrant understands 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.
Eligibility: This Promotion is open only to legal residents of the contiguous 48 United States and D.C. who are 21 years of age or older at time of entry and own their own home. Void in Alaska, Hawaii, and Puerto Rico. 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 not eligible.
Sponsor and other participating sponsors (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 participant's 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 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. All entries become the property of Sponsor and will not be returned. By entering, all participants and/or Entrants 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 each Entrant's participation and/or entry in the Promotion and/or their 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 said Grand Prize Winner'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. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. 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.Limitations of Liability:
How Winner will be Determined: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select one (1) Grand Prize Winner (the "Grand Prize Winner") based on the following Judging Criteria: (a) 40% - Entrant's demonstrable need for a kitchen makeover; (b) 30% - Entrant's personality, as demonstrated by the Submission; and (c) 30% - creativity of the Submission. The odds of being selected depend on the number of Submissions received and the performance of each Entrant.
The Entrant with the highest scoring Submission will be the Grand Prize Winner (defined below). In the event of a tie, ties will be broken based on the demonstrable need for a kitchen makeover criteria score. If a tie still remains, the tie will be broken based on personality criteria score, then the creativity criteria score. Sponsor's decisions with respect to the Grand Prize Winner and other matters pertaining to the Promotion shall be final.
Prize Conditions: A prospective 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 prospective Grand Prize Winner within three (3) days from first notification attempt, if the prospective Grand Prize Winner fails to complete and return all requested forms by the specified date, or if the prospective Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective Grand Prize Winner shall be selected by selecting the next-highest scoring Submission. By entering into the Promotion, all Entrants consent to the use of their name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including online announcements, worldwide and without limitation and without additional compensation, except where prohibited by law.
Entrant must be the owner of record of the home and land that would be the subject of the makeover and be able to provide evidence of such ownership if selected as the Grand Prize Winner. The Grand Prize Winner will also be issued a release for his/her potential appearance on television, for the use of his/her home as an on-camera location, and for the magazine feature. The Grand Prize Winner agrees that HGTV's camera crew and design team will require access to the Grand Prize Winner's home for approximately two (2) weeks in June 2013. The Grand Prize Winner shall allow the HGTV design team to have free reign over the design and execution of the kitchen makeover. The Grand Prize Winner must be available during the on-camera taping period and during the magazine photo shoot on dates to be determined at Sponsor's sole discretion. The Grand Prize Winner will not be compensated for his or her participation in the television special or for the appearance in the HGTV Magazine.
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 May 29, 2013, to be determined by Sponsor.
Ownership of Submissions: By submitting a Submission, an Entrant acknowledges and agrees 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) Entrant's 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 Entrant's Submission is not a work made for hire, Entrant hereby assign to Sponsor all right, title, and interest in and to the Submission and all copies thereof that Entrant may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) Entrant waives all claims to any and all moral rights in the Submission including without limitation, Entrant's 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.
Conditions of Entry: This Promotion is governed by U.S. law and is subject to all federal, state and local laws and regulations. Void where prohibited by law. Entry materials that have been tampered with or altered are void. If, in the judge'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. Any attempt by an Entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event of a dispute as to the identity of the Grand Prize 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.
Prize: The Grand Prize Winner will win (i) a complete kitchen makeover from HGTV of the Grand Prize Winner's kitchen that was featured in the Submission, (ii) an appearance on an episode of HGTV's "The Most Embarrassing Rooms in America", and (iii) a feature of the Grand Prize Winner and the renovated kitchen in an issue of HGTV Magazine (collectively, the "Grand Prize"). The approximate retail value ("ARV") of the Grand Prize is $40,000. (actual value may vary depending on the room that will be the subject of the makeover) 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 any prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on prizes are the Grand Prize Winner's responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the respective prize. The 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 .
Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any Entrant 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 each Entrant expressly consents 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. Each Entrant agrees 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. ENTRANT (AND THEIR PARENTS OR LEGAL GUARDIANS IF ENTRANTS ARE MINORS) 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.
Winner's List: Beginning on or about June 5, 2013 you may obtain the name of the Grand Prize Winner by going to the Website.
Sponsor: Scripps Networks, LLC dba Home & Garden Television, 9721 Sherrill Boulevard, Knoxville, Tennessee 37932