Rules for the 2012 Holiday Giveaway

INTRODUCTORY TERMS AND RULES

1. These official contest rules (the “Rules”) govern all aspects of the 2012 Holiday Giveaway (the “Contests”). . If any provision of these Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
2. Each Contest will consist of one drawing. At the drawing, one entrant will be chosen to receive the given item (the “Prize”). Any and all Contests may be terminated before the final drawings are held. Apartment Therapy, LLC is the sponsor (“Sponsor”) of the Contests and is solely responsible for enforcing these Rules and for awarding the Prizes.
3. The Contests shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of New York. Except where expressly prohibited, each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contests or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York County, New York.
4. The Contests are subject to all federal, state and local laws and regulations and are void where prohibited by law or where the conduct of the Contests requires registration or the presentment of any bond before any state or local regulatory authority.
5. ENTRY IN THE CONTESTS CONSTITUTES YOUR ACCEPTANCE OF THE RULES.

WHO MAY ENTER

1. The Contests are open to any person who is at least 18 years of age, who is a legal resident of the United States and who has access to an active email account (an “Entrant”). Neither an Entrant nor any member of his/her immediate family may be an employee or agent of the Sponsor or of the company providing the Prize, if applicable.
2. Before being awarded the Prize, all winners will be required to provide written confirmation (to be delivered by email) that they satisfy the above qualification rules. Winners must submit this confirmation within five business days of being notified of the award of the Prize or the Prize will be forfeited and an alternative winner will be selected. This confirmation shall consist of an affidavit by which the winner attests to the authenticity of his/her winning entry, acknowledges the provisions stated herein, including compliance with these Rules and, without limitation of the foregoing, agrees to the indemnification provisions set forth in these Rules.

THE CONTESTS

1. Each Contest will specify its duration (the “Contest Period”). To enter, visit each Contest post and follow the instructions to enter. As set forth in these Rules, under certain circumstances the Sponsor may terminate the Contest prior to the end of the Contest Period.
2. Entrants may manually enter each Contest only once during each Contest Period. ONLY ONE ENTRY PER PERSON PER GIVEAWAY ITEM IS ALLOWED. Duplicate entries will be discarded. Entries generated by script, macro or other automated means will be disqualified. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. Entrants may not win more than one Prize.
3. At the end of each Contest Period, Entrants will be chosen at random from all entries received during the Contest Period. The odds of winning depend on the number of eligible entries received. An email will be sent to the winners informing him/her of his/her Prize. Return of any such notification as undeliverable will result in disqualification and selection of an alternative winner.
4. If a winner fails to provide the required certification of eligibility within the time period required under these Rules, the Sponsor will select an alternate winner who must comply with these Rules to receive the Prize.

AWARD OF THE PRIZES

1. Each Prize will be awarded.
2. The decision of the Sponsor as to the eligibility of Entrants and as to the awarding of the Prizes shall be final. The Sponsor is solely responsible for these decisions; the participating companies, in their capacities as the entities supplying the Prizes, will not have any responsibility or liability whatsoever for these decisions.
3. NO PURCHASE IS NECESSARY TO ENTER OR WIN A CONTEST. PURCHASING OF ANY GOODS, SERVICES OR PROGRAMS FROM THE SPONSOR, ITS ADVERTISERS, OR ANY COMPANY SUPPLYING A PRIZE, WILL NOT IMPROVE AN ENTRANT’S CHANCES OF WINNING A PRIZE IN ANY OF THE CONTESTS.
4. Each winner will be solely responsible for all Federal, state and local taxes, registration fees, license fees and other costs associated with winning a Prize.
5. Prizes will be sent to the winners at the addresses they provide. Prizes can not be shipped to P.O. Boxes. Prizes may not be assigned to third parties. The Sponsor is not responsible for delays in delivery of any Prize. The winner will bear all risk of loss to the Prize after it has been processed for delivery. The Sponsor is not under any obligation to provide the winner with any other substitute Prize. The Sponsor reserves the right to substitute a Prize of equal or greater value without notice. If any Prize is damaged in shipping, a replacement will be sent by the company supplying the Prize. Please allow up to six weeks for your Prize to be delivered, unless otherwise notified.

RELEASE, INDEMNIFICATION AND PRIVACY

1. By participating or attempting to participate in the Contest, an Entrant irrevocably and unconditionally releases the Sponsor, its advertisers and the companies providing the Prizes, and each of their respective officers, directors, employees, representatives, affiliates, attorneys, successors, assigns and agents, from and against any and all losses and/or liabilities of any kind which Entrant may have or sustain in connection with the Contest.
2. By entering in the Contest, an Entrant agrees to release and hold harmless the Sponsor, its advertisers and the companies providing the Prizes, and each of their respective officers, directors, employees, representatives, affiliates, attorneys, successors, assigns and agents, from any damage, injury, death, loss, claim, action, demand or other liability (collectively, “Claims”) that may arise from Entrant’s acceptance, possession and/or use of any Prize or Entrant’s participation in the Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with the Contest will be ineligible for Prizes and may be prosecuted to the full extent of the law.
3. By accepting a Prize, each winner grants to the Sponsor the right to use his/her name, likeness, hometown and biographical information for any lawful purpose, without further permission or compensation, except where prohibited by law, and such information may be used in accordance with the Sponsor’s Privacy Policy and may be shared with the Sponsor’s affiliated business entities.

GENERAL PROVISIONS

1. By entering the Contest, each Entrant agrees to waive any right to claim any ambiguity or error in these Rules, or in the Contest itself, and agrees to be bound by these Rules and by all decisions of the Sponsor, which decisions will be binding and final in all respects.
2. Neither the Sponsor nor the companies providing the Prizes will be responsible for entries that are late, incomplete, lost, misdirected, forged, damaged, mutilated, tampered with or that are otherwise not in compliance with these Rules.
3. If, for any reason, the Contest is not capable of running as originally planned, including as a result of fraud, virus, unauthorized human intervention or other technical problem, the Sponsor, in its sole and absolute discretion, reserves the right to cancel, suspend or modify the Contest or any portion(s) thereof.
4. The Sponsor may modify or suspend all or any portion of these Rules by posting a notice on the Apartment Therapy Holiday Giveaway 2012 website at any time and from time to time.
5. Any delay or failure by the Sponsor to seek enforcement of any term of these Rules shall not constitute a waiver of any such provision of these Rules.
6. For results of the Contest and/or a copy of these Rules, please send a hand-printed, self-addressed and stamped envelope to Apartment Therapy LLC, 270 Lafayette Street, Suite 1204, New York, New York 10012, Attn.: Holiday Giveaway 2012. Requests must be received no later than ten business days following the last day of the Contest Period.