Remodelista.com/Gardenista.com 2013 Considered Design Awards
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID IN QUEBEC AND WHERE PROHIBITED.
The Remodelista.com/Gardenista.com Considered Design Awards (“Contest”) starts on Monday, May 13, 2013 at12:01 am Eastern Time (“ET”) and ends at 11:59 pm ET on Monday, July 15, 2013 (“Contest Period”).
All Contest entry submissions should be received between Monday, May 13, 2013 at12:01 am ET and at 11:59 pm ET on Friday, June 14, 2013 (“Submission Period”)
Public voting will take place between 12:01 a.m. ET on Monday, June 24, 2013 and 11:59 pm ET on Monday, July 15, 2013 (“Voting Period”).
ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and District of Columbia, Canada (excluding Quebec), and the United Kingdom who are 21 years of age or older at time of entry. Employees, officers, directors, agents and representatives of SAY Media, Inc. (“Sponsor”), its parent, subsidiaries, affiliates and advertising and promotion agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, officers, directors, agents and representatives, are not eligible to enter or win. Void in Quebec and where prohibited by law. Contest is subject to all applicable federal, state provincial and local laws. By participating, each entrant agrees to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest.
HOW TO ENTER: During the Submission Period, you may enter in one or more of the following categories (each, a “Category”):
- For Remodelista.com:
(2) Dining Room
- For Gardenista.com:
(1) Architectural garden feature (e.g., garden gate, pergola, trellis)
(2) Indoor Garden (e.g. houseplants, terrariums, windowsill herbs, vertical garden, greenhouses, conservatories, tabletop garden)
(3) Urban Garden (e.g. window boxes, balconies, fire escapes, roof gardens, front stoops)
(4) Edible garden
(5) Outdoor room (e.g., outdoor kitchen, sitting, poolside, outdoor showers & baths)
To enter a particular category, visit (as applicable) either Remodelista.com or Gardenista.com (each a “Website” and collectively, the “Websites”) and (1) follow the directions to upload up to six (6) photos (each a “Photo” and collectively, the “Photos”) of an indoor and/or outdoor space (as applicable) that you designed and/or you own or rent and that reflects the selected Category, and (2) provide all requested information (including your first and last name, country/state/province/territory of residence, email address, and age). You will also be required to confirm that you have read, understood and agree to abide by these Official Rules. For the purposes of this Contest and these Official Rules an “Entry” shall include the “Photo”.
Limit ten (10) Entries per person/email address for all Categories combined (e.g., entrants may submit all ten (10) Entries in a single Category or over multiple Categories) during the Contest Period. Each Entry must feature a different indoor and/or outdoor space (as applicable) in Sponsor’s sole discretion.
- Any Photo must be submitted in one of the following formats: JPG or PNG, and cannot exceed 5 MB.
- The Photo Entries should only show the space and must not contain any reference to, or the image or likeness of, any identifiable person.
Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Entrant may only use one (1) email account in connection with this Contest. Entries received from any person or email address in excess of this limitation will be void. Entries will not be returned.
PROHIBITED CONTENT: Each Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is derogatory of any ethnic, racial, gender, sexual orientation, religious, professional or age or other protected group or individual(s);
- is profane or pornographic;
- contains nudity;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, any person or any other entity;
- contains trademarks, logos, or trade dress owned by others, without permission, to the extent permission is necessary;
- contains copyrighted materials owned by others (such as music, photographs, footage, sculptures, paintings, texts and other works of art or images), without permission, to the extent permission is necessary;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as license plate numbers, personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary;
- communicates messages or images inconsistent with Sponsor and/or its reputation; and/or
- violates any law.
Entrant represents and warrants that he/she has all necessary rights, title and interest, including copyright, in each Entry, and that each Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person, living or deceased, or entity. If an Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases, permissions and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, permissions from any person who took the Photo(s) submitted as an Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that (a) he/she has the right to submit the Photo, (b) he/she consents to the submission and use of the Photo in the Contest and to its use as otherwise set forth herein, and (c) the use of the Photo by Sponsor as contemplated herein will not violate or infringe upon the rights of any third party.
By submitting an Entry, entrant represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
USE OF PHOTOS: By submitting a Photo, entrant hereby grants to Sponsor a non-exclusive license to use, adapt, edit, modify, reproduce, distribute, display, perform, create derivative works based upon, or otherwise exploit the Photo in any manner or media now known or hereafter devised throughout the world in perpetuity for advertising, promotional and other purposes (including, without limitation, displaying the Photo on the Websites and/or Sponsor’s websites and social media sites as part of a library of Entries) and waives all his/her rights, including moral rights, in and to the Photo, without further compensation, notification or permission. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Photos by third parties. Sponsor has no obligation to make use of the rights granted herein and may take down any Photo at any time and for any reason, in its sole discretion.
JUDGING: All eligible Entries received by Sponsor will be judged by a panel of qualified judges based on the following criteria, with each criterion being weighted equally: (a) simplicity of the design, and (b) compatibility with the overall theme and aesthetic of the Remodelista.com or Gardenista.com website for the applicable Category (“Judging Criteria”), to determine up to five (5) potential finalists in each Category on each Website, for a total of up to fifty (50) potential finalists (up to twenty-five (25) per Remodelista.com and up to twenty-five (25) per Gardenista.com) (each, a “Finalist”). The same individual can be selected as a Finalist in more than one Category. In the event of a tie, an additional, “tie-breaking” judge will determine the Finalist(s) based on the Judging Criteria. Sponsor will not reveal the judging scores for any Entry.
PUBLIC VOTING: Each Finalist Photo will be featured on each Website during the Voting Period. Visitors to the Websites can select their favorite design. Limit one (1) vote per person per IP address and per Category per day during the Voting Period. The Finalist receiving the highest number of valid votes in a Category at the end of the Voting Period, as determined by Sponsor in its sole discretion, will be deemed a potential winner. One (1) potential winner per Category for each Website will be determined by public voting, for a total of up to ten (10) potential winners. The same individual may be selected as a potential winner for multiple Categories. Votes received from any person/email address in excess of the stated limitation will be void. Votes obtained or suspected to be obtained by any fraudulent or inappropriate means, including, without limitation, trading votes or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion, will be disqualified and all associated entrants will be void. Without limiting the generality of the foregoing, if the Sponsor has grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind (including, without limitation, manipulating the Contest, choice of prize winner(s) or any Entry) the Sponsor reserves the right (in its sole discretion) to disqualify any entrant, vote or person it reasonably believes to be responsible for, or associated with, such activity. In the event of a tie, a “tie-breaking” judge will determine the winner based on the judging criteria set forth above. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Sponsor reserves the right to not award any or all prizes (except where prohibited) if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
The odds of being selected as eligible to win will depend on a combination of: (i) the total number of eligible Entries received in each Category during the Contest Period and (ii) the total number of eligible “votes” the entrant’s Photo receives from the Voting Period and (iii) the score the Photo receives by the judges in accordance with the Judging Criteria outlined above.
For the purposes of submitting a vote in this Contest in accordance with these Official Rules, a “day” shall mean twenty-four (24) hours from the time a participant submits a vote during the Voting Period.
WINNER NOTIFICATION: Potential winners will be notified by email within three (3) days of selection at the email address provided at time of entry and may be required to execute an Affidavit of Eligibility and a Liability and Publicity Release or for residents of Canada, a Declaration and Release (collectively, the “Release”) (unless prohibited by law), which must be returned within five (5) days of the date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up (who received the next highest number of valid votes in the same Category during the Voting Period), who will be subject to disqualification in the same manner.
PrizeS: There are a total of ten (10) prizes available to be won (one (1) per Category). Each winner will receive one (1) Casamidy brand lantern in a color to be determined by Sponsor in its sole discretion. Approximate Retail Value (“ARV”): $200 U.S. Dollars (“USD”) each. Total ARV of all prizes: $2000 USD. All applicable federal, state, provincial and local taxes are the sole responsibility of the winners. Winner may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute prize with one of comparable or greater monetary value. All prize details are at Sponsor’s sole discretion.
RELEASE OF LIABILITY: By participating, each entrant agrees to release, indemnify, discharge and hold harmless Sponsor and its parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity, the use of entrant’s Entry, the acceptance, possession, use or misuse of any prize and/or Sponsor’s use of the rights granted herein.
PUBLICITY GRANT: By participating, each entrant agrees to the use by Sponsor and its designees, of his/her name, voice, performance, biographical information, image and/or likeness for advertising, publicity, promotional and other purposes, in any and all media now or hereafter known, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
GENERAL CONDITIONS Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, email or mail; 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 or judging of Entries, the announcement of the prize or in any Contest-related materials. Proof of Entry submission does not constitute proof of receipt. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site 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 any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Websites. Persons who tamper with or abuse any aspect of the Contest or Websites, who act in an unsportsmanlike or disruptive manner 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, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest or these Official Rules, in whole or in part, at any time and without notice or obligation and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect Entries received prior to action taken who will be subject to disqualification in the same manner using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITES 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 DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If and to the extent English law applies to these Official Rules or any claim relating to it, nothing in these Official Rules will in any way limit or exclude any party’s liability for death or personal injury caused by its negligence, or for fraud. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. In the event of a dispute as to the identity of the person who submitted any Entry, the authorized account holder of the e-mail address submitted at entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an access provider, service provider, or other person or organization responsible for assigning e-mail addresses for the account associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
Request for Winners LIST: For the winners list (available after Monday, July 22, 2013), visit remodelista.com or gardenista.com.
Sponsor: SAY Media, Inc., 180 Townsend Street, San Francisco, CA 94107