APARTMENT THERAPY

2012 SMALL COOL CONTEST

OFFICIAL RULES


NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

1. PROMOTION TIMING: The 2012 Small Cool Contest (the "Contest") begins on March 29, 2012 and ends on May 2, 2012. Entries may be submitted from April 29, 2012 until 23:59:59 p.m. EST on April 18, 2012 (the "Entry Period").

2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States or the District of Columbia, who are 18 years of age or older as of date of entry. Employees of Apartment Therapy ("Administrator") and Apartment Guide (together referred to as "Sponsors") and each of their respective parent, subsidiary, and affiliate companies and advertising and promotion agencies and in all cases members of their immediate families (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of any of them are not eligible. Void where prohibited or restricted by law. All applicable federal, state and local laws apply.

3. HOW TO ENTER: Participants may enter the Contest, during the Entry Period, by completing the entry form on the Apartment Therapy website at ApartmentTherapy.com and uploading 5 photographs and one floorplan of their under-1000 square foot home. Submitted floorplans may be made by the contestant and do not need to be professionally produced. The under-1000 square foot home must be currently lived in (whether owned, rented or sublet) by the person submitting the entry. The room can be designed by a professional, weekend hobbyist or design enthusiast. Only one Apartment Therapy user account per household.

Any attempt by any entrant to submit more than one entry by using multiple email addresses, identities, registrations, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. By submitting a contest entry, entrant agrees that the information and images collected in connection with the contest may be used by Administrator and may be published on its websites and/or in all other mediums.

  1. The Entry information provided is subject to Administrator's Privacy Policy. To read that Policy, access http://www.apartmenttherapy.com/main/privacy and then click the "Privacy Policy" button.
  2. Once an Entry is submitted, it cannot be changed, altered, or modified.
  3. Entries will become the property of Sponsor and will not be acknowledged or returned.
  4. Entries must not be inappropriate, offensive, defamatory or obscene and must not infringe upon any third party's rights, including, but not limited to, copyright, patent or trademarks/trade names/logos, or rights of privacy or publicity.
  5. Any Entry, in the sole opinion of the judges and/or Administrator, found to contain infringing, unauthorized, dangerous, harmful or objectionable content, or deemed to be inappropriate for publication or to otherwise violate any of the above requirements or a third party's rights, will be deemed ineligible.
  6. Entries cannot contain materials (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) subject to any copyright right of any other person, without written permission or contain materials embodying the names, likeness or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without written permission.

Entrant may not submit any Entry (or portion thereof) in which any person other than entrant owns any rights or interests (including, but not limited to rights as joint author), and entrant may be required to provide documentation in a form acceptable to Administrator evidencing such rights and interest if so required by Administrator.

Entry must be suitable for publication in the opinion of the Administrator. By entering the Contest, entrant agrees to have Entry displayed online at the Contest Website and at any other site chosen by the Administrator, without any other fee or other form of compensation. In addition, entrant hereby grants an unlimited license to the Administrator to copy, display, broadcast, distribute or otherwise use.

All Entries will undergo screening for compliance with the guidelines and requirements set forth in these Official Rules. By submitting an Entry, each entrant agrees that his/her Entry conforms to these Official Rules and that Administrator, 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 the Administrator, in its sole discretion. Administrator reserves the right not to post or, after posting, to remove, an Entry for any reason.

By submitting any photo or information for the Contest, entrant grants Administrator an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to Administrator includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.

By submitting any photo or information to Administrator, entrant represents that the submitted photo or information does not and does not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and entrant has the right to grant any and all rights and licenses granted to Administrator.

Each entrant understands and intends that any photo or information submitted for the Contest may be available for viewing, rating, review and comment on by the public, and understands that comments or ratings with which entrant disagrees or are unhappy about may be published or otherwise become associated with any photo or information entrant submits. Accordingly, by submitting any photo or information for the Contest, entrant waives any privacy expectations that he/she may have.

4. CONTEST SCHEDULE:

5. SELECTION OF WINNERS: Entries submitted for posting are selected entirely at the discretion of Administrator. Entrants acknowledge and agree that Administrator shall have no obligation to post, display or otherwise make publicly available any photo or information submitted and may, in its sole discretion, remove, edit, modify or delete any photo or information that is submitted. Administrator will select entries to be posted beginning April 2nd. Administrator does not automatically post entries as they are submitted and not all entries will be posted. Administrator selects the best entries to post.

Only complete entries will be considered for posting. The initial round of judging will be conducted by Apartment Therapy editors, who will evaluate entries for posting on the following criteria:

The finalists and winner will be selected by readers voting for their favorite entries. Readers may mark as many entries as they like as favorites during this period; however, readers may mark each entry as a favorite only once. This round of selecting favorites will conclude on April 30 at noon EST. In event of a tie, Administrator will select the winner(s).

Readers must be registered users of Apartment Therapy to vote. Only one Apartment Therapy user account per person. We reserve the right to disqualify any vote that appears to be a duplicate vote from a single individual, including evidence of excessive votes from a single IP address.

On or about May 1, Administrator will announce 4 size division finalists (one from each size division) based on reader favorite feedback. The top 4 size division finalists will then compete in a final round to determine the National Grand Prize winner. Votes will be collected until May 2, 2012 at 15:00 EST.

A National Grand Prize winner (the entry receiving the greatest number of votes during the final round) will be announced on May 2, 2012.

CONTEST DIVISIONS:
TEENY-TINY: 400 Square Feet and under

TINY: 600 Square Feet and under (but over 400 Square Feet)

LITTLE: 800 Square Feet and under (but over 600 Square Feet)

SMALL: Under 1,000 Square Feet (but over 800 Square Feet)

INTERNATIONAL: All non-US entries (under 1,000 Square Feet)

6. NOTIFICATION: The winners will be notified via email within 1 business day after the conclusion of the Contest. Winners must claim their prize within 3 business days after the date of notification of such prize. A winner's failure to respond to the prize notification within the specified 3 business days will be considered such winner's forfeiture of the prize, and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Winners will be required to sign and return an Affidavit of Eligibility and Liability Release, and where legal, a Publicity Release, within 3 business days after prize notification. Failure to timely return required documents, or if prize notification is returned as undeliverable, will result in forfeiture of the prize and an alternate winner will be selected. Forfeiture of the prize will also result if the potential did not comply with these Official Rules, if Sponsor is unable to contact the potential winner within a reasonable time period.

Prizes won by persons who are eligible entrants but considered minors in their state of residence may be awarded to a parent or legal guardian who must execute and return all required documentation outlined herein and otherwise comply with all requirements imposed on the winner set forth herein.

7. PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"):

Grand Prize: $5,000.00 cash prize

Four (4) division finalists will receive: One (1) Apple Inc. Apple Store gift card in the value of $499.00.

The first twenty entrants who submit complete entries that are POSTED to ApartmentTherapy.com will receive an autographed copy of "Apartment Therapy's Big Book of Small, Cool Spaces". ARV $30.00 USD each.

The ARV of the prizes listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of any prize is less than the ARV stated herein, the winner will NOT be entitled to a check, cash or other form of payment for the price difference. Prizes are nontransferable and winners may not substitute prize. Each Sponsor reserves the right to substitute prizes of equal or greater value. Income and other taxes, if any, related to the prize are the winner's sole responsibility.

None of Apartment Therapy, Apartment Therapy sponsors, or employees of Apartment Therapy or sponsors may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage by any winner of a prize awarded under the Contest.

8. PRIZE CONDITIONS: Each winner is solely responsible for all income and other taxes (local, state and federal). Sponsors will provide a 1099 tax form for prizes valued at or above $600. Acceptance of prize constitutes permission to use winner's name, address (city and state only), likeness and statements for promotional and other purposes in any and all media worldwide without limitation and without further compensation, except where prohibited by law. By entering, entrant accepts and agrees to be bound by these Official Rules and the decisions of the Administrator, which are final and binding in all matters relating to this Contest.

Administrator is not responsible for 1) failed, returned or misdirected notifications or prize delivery based on inaccurate information provided by the winner on the Contests entry form, 2) entries and responses to winner notifications or prize delivery which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the contest 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Contest or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize.

Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law.

Administrator reserves the right to modify the rules of the contest in any way or at any time or to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Contest.

9. RELEASE & LIMITATION OF LIABILITY: Winners and all entrants, as a condition of entry into the Contest, agree to release, indemnify and hold harmless Apartment Therapy, Apartment Guide, their respective parents, subsidiaries, affiliated companies, promotion agencies and each of their respective officers, directors, shareholders, members, employees, agents and assigns and all others associated with the development and execution of this Contest (collectively, the "Released Parties") from and against any and all liabilities, claims, actions, lawsuits, judgments, costs and expenses, damages of any kind whatsoever, injuries, death or losses to persons or property arising from, resulting from or in connection with the Contest, submitting an entry or otherwise participating in any aspect of the Contest, the receipt, ownership, possession, use or misuse of any prize awarded or any typographical or other error in these Official Rules or the announcement of offering of the prize. ENTRANTS ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Released Parties are not responsible for (a) (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents or any other Contest-related materials; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of the Contest or the processing of entries or the tabulating of votes or the cancellation of the contest; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest. incomplete, illegible, misdirected, damaged, lost, or for any technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate, or by any human error which may occur in the processing of the entries or otherwise in administrating this Contest. As a condition of entering the Contest, participant agrees that: 1) under no circumstance will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys fees.

10. GENERAL CONDITIONS: In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter, will be deemed to be the entrant, but only if such person meets all other eligibility criteria. "Authorized account holder" of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Administrator reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or the Contest Website; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. Administrator reserves the right to cancel, terminate or modify the Contest if it cannot be completed as planned for any reason, including for infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, or corruption of any sort. In such event, Administrator will award the Grand Prize from among all eligible online entries received prior to cancellation and all eligible mailed entries received. Administrator reserves the right to alter any rules of this Contest at anytime.

11. DISPUTE RESOLUTION: If there is any conflict between any promotional material and these Official Rules, the provisions of these Official rules shall prevail. The resolution of any dispute shall be within Administrator's sole discretion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator 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 conflicts of law principles. All entrants consent to the jurisdiction and venue in the State of New York.

Except where prohibited, by participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prize, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply.

12. WINNERS' LIST: For the names of the winners, visit http://community.apartmenttherapy.com/contests/smallcool/2012 between May 2, 2012 and July 1, 2012.

13. SPONSOR; ADMINISTRATOR: Apartment Therapy LLC, 270 Lafayette St, Suite 1204, New York, NY, 10012, is the Administrator and primary Sponsor of this Contest. Any questions, comments or complaints regarding to Contest should be directed to the Administrator and primary Sponsor Apartment Therapy at ApartmentTherapy.com.