HGTV ULTIMATE OUTDOOR AWARDS
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER.
VOID IN PUERTO RICO AND WHERE PROHIBITED.
- How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on December 5, 2018 until 5:00 p.m. ET on February 27, 2019 (the “Promotion Period”), you may enter the HGTV Ultimate Outdoor Awards (the “Promotion”). Entrants may enter the Promotion by submitting a Preliminary Submission (as defined below). All Preliminary Submissions must be received by 5:00 p.m. ET on January 23, 2019 to be eligible. Each entry must also include entrant’s (“Entrant”) full name, address, phone number (including area code), and e-mail address. Scripps Networks, LLC dba Home and Garden Television (“Sponsor”) will not verify receipt of entries. Official rules and other information relating to the Promotion can be found at the HGTV website (www.hgtv.com/outdoorawards) (the “Awards Site”).
Note: In order to access the Website and in an effort to optimize the Website user experience, ad blocking software on your computer needs to be disabled.
2. Submission Requirements:
Preliminary Screening: To enter, you must first make a preliminary submission by visiting www.hgtv.com/designsubmissions (the “Screening Site”) between 9:00 a.m. ET on December 5, 2018 and 5:00 p.m. ET on January 23, 2019 (the “Preliminary Submission”). The Preliminary Submission must contain the following: (a) a web link at least six (6) photos of one of your design and/or architectural projects that fits into one of the four (4) categories set forth in the chart below (each, a “Category”), with the photos showing various angles of the space and your design elements of your design project (options for sharing the web link will be described on the Screening Site); (b) your full name, address, phone number, email address and the category to which you are submitting to. All photos submitted should be in the file type and size as stipulated by the Screening Site instructions. You may make only one Preliminary Submission per Category. A single Preliminary Submission may be submitted into multiple Categories. Upon receipt, Sponsor will review the Preliminary Submissions in accordance with the procedures in Section 7 and will then contact each Entrant whose Preliminary Submission qualifies (the “Invitees”) and provide instructions for entering the First Round.
First Round: On a rolling basis after making the Preliminary Submission, the Invitees will be invited to make an additional submission at any time prior to 5:00 p.m. ET on February 27, 2019 by signing in or registering with the HGTV Professionals Network (http://pros.hgtv.com) (the “Website”). On the Website you will be instructed to upload at least six (6) photos using the Professionals Network photo uploader tool of one of your design and/or architecture projects shown in your Preliminary Submission (each, a “Project”), such photos being the same photos submitted as your Preliminary Submission (collectively, the “Submissions” and each, a “Submission”). Additionally, you will be asked to return a form containing the full names of all professionals who contributed to the Project, plus each professional’s signature approving the Submission. All photos submitted should be in the file type and size as stipulated by the uploader tool. You may only make one Submission per Category, and each Project is only allowed to be eligible for one Category. The Sponsor’s panel of judges reserves the right to make Category changes. Late Submissions will also be disqualified.
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.
If multiple entries are received for a Category, only the first Submission for that Category will be eligible. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry per Category, or submit the same Project for multiple Categories 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 Preliminary Submissions and Submissions 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.
The four (4) Project Categories are as follows:
1. Gorgeous Gardens -Container gardens, estate gardens, vertical gardens, large gardens and rooftop gardens.
These relaxing retreats are lush, lovely and full of gorgeous greenery. We want to see your expertly designed gardens that are abundant with fresh foliage and flowers that really make people stop and smell the roses.
2. Curb Appeal - Porches, patios and front yards.
Show us your beautiful front yards that will have us falling in love at first sight. From homes with stunning architecture to expertly landscaped lawns, we want to see what makes your curb appeal the most memorable.
3. Outdoor Oasis - Entertaining spaces, outdoor kitchens, outdoor living rooms, outdoor dining rooms and gathering spaces.
These gorgeous getaways are all about how you live in them, whether its al fresco dining or a relaxing retreat. These spaces take advantage of the available outdoor area and provide room for entertaining, to perfectly blend the interiors with the exteriors.
4. Waterside Paradise - Pools, pool houses, homes by the water, uses of water.
Show us your extraordinary waterside properties with crystal-blue views that stun. From beach homes, lakeside retreats, ocean properties, or a home with an amazing pool, we want to see your breathtaking water-rich oasis..
3. Representations and Warranties: By submitting a Preliminary Submission or a Submission, you represent and warrant that: (a) the Preliminary Submission or Submission is an original work created by you; (b) you own all rights to the Preliminary Submission or Submission; (c) the Preliminary Submission or Submission complies with all requirements of these Official Rules; and (d) you understand that other Entrants may submit Preliminary Submissions or Submissions that are very similar 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 (i) individuals that are legal residents of the 50 United States and D.C. who are, as of Promotion start date, at least 21 years old, and (ii) design teams consisting of up to two (2) otherwise eligible individuals, who are design professionals. 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.
6. Limitations of Liability: 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 your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Screening Site, Website or Awards Site; 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 winner's entry and acceptance of the prize constitutes permission for the Promotion Entities to use said 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. 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:
Preliminary Round: Sponsor’s judges will review the Preliminary Submissions to ensure they comply with the terms and conditions herein and are otherwise Eligible Entries, as well as ensure that the Project shown in the Preliminary Submission is of a professional quality, as determined solely by Sponsor’s judges. Sponsor will contact each Entrant whose Preliminary Submission qualifies and provide instructions for entering the First Round.
First Round: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select not less than six (6) nominees (each, a “Nominee”) for each of the four (4) Categories based on the following judging criteria: (a) 25% on the overall quality of the design work; (b) 25% based on the innovation and creativity of the Project; (c) 25% on the relevance to the Category; and (d) 25% on the utilization of available square footage and materials (the “Judging Criteria”). The timing of the Nominee selection shall be at a time to be determined and set forth on the Website and/or Awards Site. If you are selected as a prospective Nominee, you may be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective Nominee will be disqualified.
For each Category, the Entrants with the highest scoring Submissions will be the nominees “Nominees”). The number of Nominees in a given Category will be determined by the judges. In the event of a tie, ties will be broken based on the overall quality criteria score. If a tie still remains, the tie will be broken based on the innovation and creativity score. If a tie still remains, the tie will be broken based on the relevance to the Category score. Sponsor’s decisions with respect to the Nominees and other matters pertaining to the Promotion shall be final.
Second Round: The Second Round will be comprised of both the People’s Choice Selections and the HGTV Editors’ Picks:
(a) People’s Choice Selections: The Nominees in each Category will be posted online at the Awards Site for public voting from 9:00 a.m. ET on March 27, 2019 until 5:00 p.m. ET on April 17, 2019 (“Voting Period”). In each Category, the Nominee that receives the most votes will be the “People’s Choice Category Winner.” Nominees are prohibited from soliciting votes, and voters are prohibited from soliciting votes on behalf of Nominees, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such Nominees disqualified. All results are unofficial until verified by Sponsor. Voters may vote only once per day, per category.
(b) HGTV Editors’ Picks: The Nominees in each Category will be reviewed by the HGTV editorial team based on the Judging Criteria, and the Nominee with highest score for each Category will be named the “Editors’ Pick Category Winner.”
A Nominee may be selected as both a People’s Choice Category Winner and an Editors’ Pick Category Winner.
Final Winner: The judges will evaluate each of the People’s Choice Category Winners and the Editors’ Pick Category Winners (collectively, the “Category Winners”) based on the Judging Criteria, and the one (1) Category Winner with the highest score will be named the overall winner (the “Overall Winner”). A scoring tie will be broken based on the overall quality criteria score. If a tie still remains, the tie will be broken based on the innovation and creativity score. If a tie still remains, the tie will be broken based on the relevance to the Category score. Sponsor’s decisions with respect to the Overall Winner and other matters pertaining to the Promotion shall be final.
8. Prize Conditions: A prospective 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 winner within three (3) days from first notification attempt, if the prospective winner fails to complete and return all requested forms by the specified date, or if the prospective 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 winners, Entrants and/or their Submissions may be featured on the Website and/or Awards Site; however, in no way shall such promotion influence the selection of the winners. Any winner will be notified by email, telephone, and/or overnight mail delivery on a date as set forth on the Website and/or Awards Site.
9. License of Submissions: By submitting a Preliminary Submission or a Submission, Entrant hereby grants to Sponsor a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, and to sublicense to others the right to use, the Preliminary Submission or Submission, in whole or in part, in any and all media, now known or hereafter invented. The license granted herein includes the right to edit the Preliminary Submission or Submission, to combine the Preliminary Submission or Submission with other material and to make derivative works based upon the Preliminary Submission or Submission, without notifying Entrant and without obligation to Entrant. Entrant waives any right: (a) to inspect or approve the use or editing of the Preliminary Submission or Submission, and (b) to royalties or other compensation arising from or related to use of the Preliminary Submission or Submission. Entrant understands that Sponsor is not obligated to use, distribute or promote the Preliminary Submission or Submission, and further understands that the Preliminary Submission or Submission will not be returned to Entrant.
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 Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, 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 and/or Awards Site. 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.
Overall Winner: The one (1) Overall Winner will receive the following: (i) special recognition on HGTV.com as the 2019 Ultimate Outdoor Awards Overall Winner; (ii) an editorial feature on HGTV.com showcasing their work; (iii) an opportunity for the HGTV.com editorial and programming team members to visit the Overall Winner’s hometown to film HGTV promotional and editorial videos; and (iv) an HGTV gift bag (collectively, the “Overall Winner Prize”). Approximate retail value (“ARV”) of the Overall Winner Prize is $152.
Category Winner: Each Category Winner will receive: an HGTV gift bag and framed certificate (the “Category Winner Prize”). ARV of each Category Winner Prize: $152.
Total ARV of all prizes: up to $1,216.
The Overall Winner will not also receive the Category Winner prize. If a Category Winner is both a People’s Choice Category Winner and an Editors’ Pick Category Winner, such Category Winner will only receive one (1) Category Winner prize. The specifics of all aforementioned elements of the prizes 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 respective winner. All federal, state and local taxes on prizes are the prize winner’s responsibility.
Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the 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 two weeks after the winners have been chosen, you may obtain the name of the winners by going to the Website and/or Awards Site.
14. Sponsor: Scripps Networks, LLC dba Home & Garden Television, 9721 Sherrill Boulevard, Knoxville, Tennessee 37932.