2012 ROOM FOR COLOR CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN IN THE 2012 ROOM FOR COLOR CONTEST (THE "CONTEST"). THE CONTEST IS INTENDED FOR VIEWING AND PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT A RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
Entry into the Contest constitutes your acceptance of these Official Rules.
CONTEST ENTRY DATES: The Contest begins September 24, 2012 at 12:01 PM Eastern Standard Time (“EST”) and all entries must be submitted by October 17, 2012 at 11:59 PM EST (the "Contest Entry Period").
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, 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 http://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 Apartment Therapy, LLC, a New York limited liability company (the "Contest Administrator") and The Sherwin-Williams Company, an Ohio corporation, and Versa Products, Inc., a California corporation d/b/a Thrive Home Furnishings (the “Prize Providers”), and their respective parent entities, affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies (collectively, the "Contest Parties") are not eligible to enter the Contest.
CONTEST ENTRY/OBJECTIVE: The objective is to pick 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 http://community.apartmenttherapy.com/contests/color/201 and follow the instructions provided to complete the registration process and upload the five photographs representing Entrant’s room (an "Entry"). Entrants must designate which color palette category their room represents, provided that the judges may move an Entry to a different category in their sole discretion. 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. All Entries must be received by October 17, 2012 at 11:59 PM EST. For purposes of these Official Rules, "receipt" of an Entry occurs when Apartment Therapy’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 Apartment Therapy 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. Apartment Therapy 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 (i) must consist of photographs of a room in the home in which Entrant currently lives and (ii) must 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 Apartment Therapy 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 Apartment Therapy in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry.
Each Entry must comply with the following content guidelines to be eligible:
•Entries may not be inappropriate, offensive or obscene or endorse any form of hate or hate group;
•Entries may not defame, misrepresent or contain disparaging remarks about other products, people or companies;
•Entries may not contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification such as personal names, e-mail addresses or street addresses;
•Entries may not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
•Entries may not contain materials embodying the names, likenesses, photographs or other indicia identifying any person, living or dead, without permission;
•Entries may not communicate messages or images inconsistent with the positive images and/or goodwill to which Apartment Therapy wishes to associate; and
•Entries may not depict and may not be in violation of any law. Apartment Therapy reserves the right to disqualify any Entry for any reason in its sole discretion.
Apartment Therapy reserves the right to disqualify any Entry for any reason in its sole discretion.
SELECTION OF WINNERS: Round 1: The Four Finalists. The four finalists will be chosen in Round 1 as follows: Round 1 Judging Phase: During the Contest Entry Period, as eligible Entries are received theywill be judged by one or more Apartment Therapy editors (the “Judges”). In Round 1, judging will be based on the following judging criteria (the “Judging 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 Judges. Based on the quality of the Entries received on or before October 1, 2012, the Judges will, in their sole discretion, determine a minimum score for Entries to be entered into Round 2 and posted on the Apartment Therapy website (the “Minimum Threshold Score”). Commencing on October 1, 2012 and on each day thereafter, Apartment Therapy will post on www.ApartmentTherapy.com Entries that have received a score equal to or greater than the Minimum Threshold Score.
Round 1 Voting Period: Each Entry meeting the Minimum Threshold Score in the Round 1 Judging Phase will be posted on www.ApartmentTherapy.com for public voting by registered users of the Apartment Therapy website. To become a registered user of the Apartment Therapy website, visit http://community.apartmenttherapy.com/sign_up. The public voting period for Round 1 to determine the four Finalists will commence as of October 1, 2012 and end on October 29, 2012 at 11:59 PM EST (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 Period, but may vote for as many Entries as they want. Voting generated by script, macro or other automated means or with the intent to impair the integrity of the voting process, as determined by Apartment Therapy in its sole discretion, will be void. The Entry in each color palette category that receives the largest number of votes will be the Finalist in such category. In the event of a tie in any category, the Entry that received the highest score in the Round 1 Judging Phase will be the winner. In the event of a further tie, the Entry which was received first will be the Finalist. Released Parties are not responsible for any Entries that are not judged and/or posted for any reason.
Round 2: Voting for the Grand Prize Winner.
On October 30, 2012 at 3:00 PM EST, the four Finalists will be announced and posted on www.ApartmentTherapy.com. Public voting for the Grand Prize Winner will commence on October 30, 2012 at 3:00 PM EST and will end on October 31, 2012 at 3:00 PM EST. 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 Apartment Therapy 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 number of votes in the Round 1 Voting Period will win and in the event of a further tie, the Finalist who received the highest score in the Round 1 Judging Phase will win, and then, if needed, the Finalist whose Entry was received first will win.
All decisions of the Judges and Apartment Therapy are final and binding on all matters.
Apartment Therapy 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 November 1, 2012 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 Apartment Therapy, as well as any other documents that may be required by Apartment Therapy or the Contest Prize Providers, all of which must be received fully-executed within three business days of the date Apartment Therapy sends notification to the potential Winners or he/she may be disqualified.
If after a reasonable number of attempts to contact a potential Winner, Apartment Therapy 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 Apartment Therapy, a potential Winner may be disqualified for any of the following reasons: (i) if Apartment Therapy 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) has engaged in conduct that annoys, abuses, threatens or harasses any other Entrant, or any representative of the Contest Parties, (ii) if such Entrant is not eligible based on the eligibility requirements set forth in these Official Rules; or (iii) if such Entrant is delinquent on a government ordered payment, including, but not limited to, child support, spousal support, alimony or tax payments. 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 Apartment Therapy or a Prize Provider, such potential Winner will be disqualified and required to promptly return to Apartment Therapy his/her prize. If a potential Winner is disqualified for any reason, in Apartment Therapy's sole discretion the Entry with the most votes in such category may be declared the alternate Winner.
PRIZES AND APPROXIMATE RETAIL VALUE:
Four Finalist Prize Packages: The Four Finalists will receive a $1,000 gift card from Thrive Home Furnishings and a $200 gift card from Sherwin-Williams. The Approximate Retail Value ("ARV") of each Finalist Prize package is $1,200.
One Grand Prize Package: The Grand Prize Winner will receive, in addition to the Finalist Prize Package, an additional $1,000 gift card from Thrive Home Furnishings. The ARV of the Grand Prize Package is $1,000, exclusive of the ARV of the Finalist Prize package. Prizes are awarded "as is" with no warranty or guarantee, either express or implied, by Apartment Therapy. No prize substitution is permitted by Winners, however Apartment Therapy reserves the right to substitute all or any portion of a prize package with another prize of comparable or greater value, in its sole discretion. Prize packages are non-transferable and may not be redeemed for cash. All taxes associated with any prize package and any other costs and expenses associated with prize package acceptance and use not specified herein as being provided are the sole responsibility of the Winners. A Winner is not a recipient of a prize package until he/she has been verified as a Winner by Apartment Therapy. Upon delivery/payment of a prize package, Apartment Therapy 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 photographs, name, hometown, likeness, prize package won and photograph (all in Apartment Therapy'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 Apartment Therapy 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. Apartment Therapy 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 Apartment Therapy’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. Apartment Therapy reserves the right, in its sole discretion, to disqualify any individual (and void his/her Entry(ies)) 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, Apartment Therapy, any Contest Party or any of their respective representatives or to otherwise be acting in violation of these Official Rules.
Any attempt by a 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, Apartment Therapy reserves the right to seek damages 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 Apartment Therapy 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 Apartment Therapy 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 Apartment Therapy 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 Apartment Therapy (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 (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Apartment Therapy and its Judges, which decisions will be made in the sole discretion of Apartment Therapy and/or its 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 Apartment Therapy. Apartment Therapy 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 Apartment Therapy 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 or the responses of anyone appearing in any Entry.
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 Apartment Therapy 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 26, 2012), please send a self-addressed stamped envelope by December 31, 2012 to: 2012 Room for Color Contest, Contest Winner, Apartment Therapy, LLC, 270 Lafayette Street, Suite 1204, New York, New York 10012.
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 Sherwin-Williams Company and Versa Products, Inc., d/b/a Thrive Home Furnishings are the Prize Providers of the Contest. Any questions, comments or complaints regarding the Contest should be directed to Apartment Therapy at email@example.com.