APARTMENT THERAPY 2014
ROOM FOR COLOR CONTEST
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN IN THE ROOM FOR COLOR 2014 CONTEST (THE "CONTEST"). THE CONTEST IS INTENDED FOR VIEWING AND PLAY IN THE CONTINENTAL UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
Entry into the Contest constitutes your acceptance of these Official Rules.
CONTEST ENTRY DATES: The Contest begins August 27, 2014, at 12:01 PM Eastern Time (“ET”) and all entries must be submitted by September 22, 2014, at 6:00 PM ET (the "Contest Entry Period"). Sponsor’s computer is the official time-keeping device for the Contest.
WHO MAY ENTER: The Contest is open to all legal residents of the 50 United States and the District of Columbia, 18 years of age and older and of the age of majority in their jurisdiction of residence, who have an active e-mail account and who are registered users of the Apartment Therapy website (an “Entrant”). To become a registered user of the Apartment Therapy website, please visit //community.apartmenttherapy.com/sign_up.
Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside, or those living in the same households, whether or not related) of the Contest Parties (as defined below) and their affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies are not eligible to enter the Contest.
CONTEST ADMINISTRATOR/SPONSOR; PRIZE PROVIDERS: Apartment Therapy, LLC, 270 Lafayette Street, Suite 1204, New York, New York 10012 is the Contest Administrator and Sponsor (the “Sponsor”). The Sherwin-Williams Company, an Ohio corporation, and Fab, Inc., a New York corporation, are the prize providers of the Contest (the“Prize Providers” and, collectively with Sponsor, the "Contest Parties").
CONTEST OBJECTIVE/ENTRY: The objective is to select the best example of a room decorated using one of the following color palettes:
- Warm - A room that features a dominant warm color palette, such as reds, pinks, oranges, yellows, rust or magenta.
- Cool - A room that features a dominant cool color palette, such as blues, greens, purples, silver or turquoise.
- Light - A room that features a dominant light color palette, such as whites, pastels, light grays, cream or taupe.
- Dark - A room that features a dominant dark color palette, such as blacks, charcoal, plum, navy, hunter green or chocolate.
Each Entrant must submit five photographs of a single room decorated in one of the four color palettes set forth above. The room must be in a home in which Entrant currently lives (whether owned, rented or sublet) and need not have been designed by Entrant. A finalist will be chosen representing each one of the four color palettes (each a “Finalist”) and then a grand prize winner will be selected from among the four Finalists (the “Grand Prize Winner”, and together with the Finalists, the “Winners”).
HOW TO ENTER: During the Contest Entry Period, visit //www.apartmenttherapy.com/contests/smallcool/2014, follow the instructions provided to complete the registration process and upload the five photographs representing Entrant’s home (an "Entry"). Each photograph must be at least 540 pixels wide and in .jpeg file format. The Contest is limited to one Entry per household. Mass Entries or Entries generated by a script, macro or use of automated devices will be disqualified. For purposes of these Official Rules, "receipt" of an Entry occurs when Sponsor’s servers record the Entry information resulting from an Entrant clicking the "Submit Entry" button. An automated computer receipt (such as one confirming delivery of an Entry) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules. Once an Entry has been submitted, it may not be changed, altered or modified.
By submitting an Entry, an Entrant hereby grants permission for his/her Entry to be posted on www.ApartmentTherapy.com in perpetuity for viewing by visitors to the website. Released Parties (as defined below) are not responsible for any unauthorized use of any Entry by third parties. Sponsor does not guarantee the posting of any Entry. By submitting an Entry, you represent and warrant that you either own or otherwise control all rights necessary for you to submit that Entry. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any Entry by you to or through this website.
Each Entry must (i) consist of five photographs of a room in the home in which Entrant currently lives and (ii) not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Previously published material may be entered as long as Entrant still maintains the right to grant Sponsor the license granted pursuant to these Official Rules (see “Assignment of Rights” below). 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 and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules.
To be eligible for the Contest, an Entry may not:
SELECTION OF WINNERS:
Round 1: The Four Finalists. The four finalists will be chosen in Round 1 as follows:
Round 1 Editors Phase: During the Contest Entry Period, as eligible Entries are received they will be judged by one or more of Sponsor’s editors (the “Editors”). In Round 1, judging will be based on the following Editors’ criteria: (i) use of color – 40%; (ii) photo quality – 40%; and (iii) originality of overall interior design – 20%. Each Entry will be given a numeric score by the Editors. Based on the quality of the Entries received on or before September 8, 2014, the Editors will, in their sole discretion, determine a minimum score for Entries to be entered into the Round 1 Voting Phase and posted on Sponsor’s website (the “Minimum Threshold Score”). Commencing on September 8, 2014, and on each day thereafter, Sponsor will post on www.ApartmentTherapy.com Entries that have received a score equal to or greater than the Minimum Threshold Score.
Round 1 Voting Phase: Each Entry meeting the Minimum Threshold Score in the Round 1 Editors Phase will be posted on www.ApartmentTherapy.com for public voting by registered users of Sponsor’s website. The public voting period for Round 1 to determine the top 5 Entries in each color division will commence as of September 8, 2014, and end on October 3, 2014, at 12:00 PM ET (the “Round One Voting Period”). Each registered user will have the opportunity to view and vote for such Entries. Registered users will only be allowed to vote for each Entry once during the Round One Voting Phase, but may vote for as many Entries as they want. To become a registered user of the Apartment Therapy website, visit //community.apartmenttherapy.com/sign_up. Voting generated by script, macro or other automated means or with the intent to impair the integrity of the voting process, as determined by Sponsor in its sole discretion, will be void. The 5 Entries in each color palette category that receive the largest number of votes will move on to the Round 1 Judges Phase. In the event of a tie in any category, the Entry that received the highest score in the Round 1 Editors Phase will be the winner. In the event of a further tie, the Entry that was received first will be the winner.
Round 1 Judges Phase: The top 5 Entries in each color palette category as determined in the Round 1 Voting Phase will be delivered to our Judges Panel for review on October 3, 2014. Judges will assign each entry a score. The one Entry in each color palette category that receives the highest cumulative Judges Score will become a Finalist, yielding 4 Finalists. In the event of a tie, the Entry that received the highest score in the Round 1 Editors Phase will be the winner. In the event of a further tie, the Entry that received the highest score in the Round 1 Editors Phase for use of color will be the Finalist, and then, if needed, the Entrant with the highest score in photo quality will be the Finalist and finally, if needed, the Entrant with the highest score in originality of overall interior design will be the Finalist.
Round 2: Voting for the Grand Prize Winner. On October 7, at 3:00 PM ET, the 4 Finalists will be announced and posted on www.ApartmentTherapy.com. Public voting for the Grand Prize Winner will commence on October 7, 2014, at 3:00 PM ET and will end on October 8, 2014, at 3:00 PM ET. During the voting for the Grand Prize Winner, each registered user will be allowed to vote one time. Multiple votes received from any person or e-mail address after the first vote received from that person or e-mail address will be void. If an excessive number of votes is received from a single IP address, those votes will be reviewed and may be voided by Sponsor in its sole discretion. The Finalist that receives the largest number of votes will be the Grand Prize Winner.
In the event of a tie, the Finalist that received the most votes in the Round 1 Voting Phase will win and in the event of a further tie, the Finalist who received the highest score in the Round 1 Editors Phase will win, and then, if needed, the Finalist who received the highest score in the Round 1 Editors Phase for use of color will win, and then, if needed, the Finalist with the highest score in photo quality will win, and finally, if needed, the Finalist with the highest score in originality of overall interior design will win.
All decisions of the Editors, Judges and Sponsor are final and binding on all matters. Sponsor reserves the right to adjust any deadline(s) as the result of causes beyond its immediate control.
WINNER NOTIFICATION: Potential Winners will be notified on or about October 8, 2014, by e-mail and/or phone at the e-mail address/phone number provided at the time of entry. Each potential Winner will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (an "Affidavit/Release") in the form provided by Sponsor, as well as any other documents that may be required by Sponsor or the Prize Providers, all of which must be received fully-executed within three business days of the date Sponsor sends notification to the potential Winners or he/she may be disqualified. If after a reasonable number of attempts to contact a potential Winner, Sponsor has been unable to do so, he/she will be disqualified. A background check may be conducted on potential Winners. In the sole discretion of Sponsor, a potential Winner may be disqualified for any of the following reasons: (i) if Sponsor believes that such Entrant has (x) tampered with the entry or voting process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices, or (y) engaged in conduct that annoys, abuses, threatens or harasses any other Entrant, or any representative of the Contest Parties; or (ii) if such Entrant is not eligible based on the eligibility requirements set forth in these Official Rules. In the event it is determined that a potential Winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a prize notification is returned as undeliverable, then such potential Winner will be disqualified. Should any potential Winner make any false statements in any document required by Sponsor or the Prize Providers, such potential Winner will be disqualified and required to promptly return to Sponsor his/her prize. If a potential Winner is disqualified for any reason, in Sponsor's sole discretion the Entry with the most votes in such category will be declared the one (1) alternate Winner.
PRIZES AND APPROXIMATE RETAIL VALUE: Total Maximum Approximate Retail Value (“ARV”) of all prizes: $5,800.
Four Finalist Prize Packages: $1,200.
One Grand Prize Package: $2,200.
The Grand Prize Package is inclusive of a Finalist Prize Package. No substitution, transfer or cash equivalent is permitted except by Sponsor, which reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value at its sole discretion. Winners are solely responsible for all federal, state, and local taxes and other fees, costs and expenses associated with prize receipt, regardless of whether the prize is used in whole or in part. All prize details are at the sole discretion of Sponsor.
Prizes are awarded "as is" with no warranty or guarantee, either express or implied, by Sponsor. A Winner is not a recipient of a prize package until he/she has been verified as a Winner by Sponsor. Upon delivery/payment of a prize package, Sponsor will be deemed to have awarded the prize package to the Winner and such Winner assumes full responsibility for the prize package.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) to use the Entrant's Entry, name, hometown, likeness, prize package won and photograph (all in Sponsor's sole discretion) for future advertising and/or publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. The Contest Parties and their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries, all of which will be void. The Released Parties are also not responsible for problems uploading or downloading any Contest related information or materials from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or for any other technical problems including, without limitation, telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant's ability to participate in the Contest. The Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize packages or in any Contest related materials. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, in Sponsor’s sole discretion, determine the Winners using all non-suspect, eligible Entries received up to the time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of receipt of the Entry will be deemed to be the Entrant and must comply with these Official Rules. An authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider or other organization responsible for assigning e-mail addresses. Sponsor reserves the right, in its sole discretion, to disqualify any individual (and void his/her Entry) found to be tampering with the Entry process or the operation of the Contest or website, intending to annoy, abuse, threaten or harass any other Entrant, Sponsor, any Contest Party or any of their respective representatives or to otherwise be acting in violation of these Official Rules.
Any attempt by AN Entrant to deliberately damage any website or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages OR OTHER REMEDIES from any such Entrant to the fullest extent permitted by law and to disqualify such Entrant from the Contest.
ASSIGNMENT OF RIGHTS: Each Entrant hereby acknowledges that he/she shall retain ownership of the Entry and irrevocably and exclusively grants to Sponsor and Prize Providers, individually or collectively, and their respective designees a non-exclusive, irrevocable, perpetual, unrestricted, world-wide, royalty-free, sub-licensable and transferable license to use, reproduce, adapt, transmit, distribute, prepare derivative works of, and display and perform publicly the Entry in any media now known or later developed, including, without limitation, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to and to otherwise alter or make use of the submitted photographs. By submitting an Entry, Entrant acknowledges and agrees that Sponsor may obtain many submissions under the Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under the Contest and/or other contests staged and/or sponsored by Sponsor and/or the Prize Providers, and waives any and all claims Entrant may have had, may have, and/or may have in the future, that any composition, photograph and/or other works accepted, reviewed and/or used by Sponsor (or its designees) may be similar to his/her Entry. Entrant acknowledges and agrees that no Contest Party or its designees has now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to Entrant's Entry.
MISCELLANEOUS CONDITIONS: By participating in the Contest, Entrant agrees to be bound by (i) these Official Rules, including all eligibility requirements, and (ii) the decisions of Sponsor and its Editors and Judges, which decisions will be made in the sole discretion of Sponsor and/or its Editors/Judges and are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest in the sole discretion of Sponsor. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. The Contest shall be subject to all applicable federal, state and local laws and regulations and shall be expressly void where prohibited by law.
RELEASES: By entering the Contest, Entrant agrees to release and hold harmless the Released Parties from all claims, liabilities or damages caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest or acceptance or use of any prize package or the substitution of any prize package by Sponsor in accordance with these Official Rules, the administration of the Contest, the operation of the web site or the Released Parties' use of any of the rights granted herein. The Released Parties assume no responsibility for the conduct of any Entrant.
ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in the Contest, Entrant agrees that: (i) any and all disputes and causes of action arising out of or connected with the Contest, or any prize packages awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office located in New York City; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with entering the Contest), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York without regard to New York choice of law rules.
WINNERS LIST: If you would like the Winners' names (available after November 1, 2014), please send a self-addressed stamped envelope by December 1, 2014 to: Room for Color 2014, Contest Winner, Apartment Therapy, LLC, 270 Lafayette Street, Suite 1204, New York, New York 10012. Any questions, comments or complaints regarding the Contest should be directed to Sponsor at firstname.lastname@example.org.