The “What’s Your Front Door View?” Contest (the “Contest”) is intended for legal residents of the 48 continental United States of America (“USA”), including the District of Columbia (“D.C.”), and shall only be construed and evaluated according to the laws of the USA.
SPONSOR/ADMINISTRATOR: The Contest is sponsored by Danny Lipford Media, 75 Midtown Park East, Mobile, AL 36606 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Contest is open and offered only to legal U.S. residents of the 48 continental United States (including D.C.), who are:
(i) current homeowners at time of entry,
(ii) at least twenty-one (21) years of age at the time of entry,
The Contest is not open to the general public. Employees of the Sponsor, Window World, Inc., the Administrator, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this Contest are ineligible to enter or win the Grand Prize (as defined below). Void outside of the continental USA, and where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, those who enter the Contest (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning the Grand Prize (as defined below) is contingent upon fulfilling all the following requirements.
TIMING: The Contest will be defined by the two (2) following time periods:
- The Submission Period (“Submission Period”) – 12:00:01 a.m. Eastern Daylight Time (“EDT”) on June 2, 2014 through 11:59:59 p.m. EDT on July 13, 2014.
- The Judging Period (“Judging Period”) – 12:00:01 a.m. EDT on July 14, 2014 through 11:59:59 p.m. EDT on July 28, 2014.
The Sponsor’s database clock is the official time-keeping device for the Contest.
HOW TO ENTER THE CONTEST: During the Submission Period, eligible Entrants can be entered into the Contest by visiting the Sponsor’s website, www.todayshomeowner.com/ (the “Website”), and following the links and instructions to complete the Contest registration form (requesting full name, complete mailing address, phone number, and email address), and uploading/submitting a photo of themselves and/or their family/house members outside their front door with a caption about the photo not to exceed 100 words length (the “Theme”). Submitting a Theme-applicable photo (with proper description/caption) is a mandatory step of Contest entry. If an Entrant submits a photo that is not Theme-applicable, in the Sponsor’s sole discretion, the entry will be disqualified. Each completed online registration and Theme-applicable photo/description received during the Submission Period will account for one (1) valid Contest entry. Limit one (1) entry per person per e-mail and/or mailing address. In the event that more than one of exactly the same photo is submitted, only the first submission received shall be accepted. All entries become the property of the Sponsor and will not be returned or acknowledged.
ENTRY REQUIREMENTS AND RESTRICTIONS: Once submitted, an entry cannot be deleted, canceled or modified. The Entrant is responsible for all costs associated with uploading the photo. In the event that more than one of the same photo is submitted, only the first submission received shall be accepted.
In order to be eligible, entries must actually be received by the Sponsor during the Submission Period. Entries received by the Sponsor before the start of the Submission Period or after the end of the Submission Period are VOID. Proof of submitting a Contest entry form or photo will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an entry. Those who do not follow all of the instructions, do not provide the required information in their entry form, or do not abide by these Official Rules or other instructions of Sponsor may be disqualified. Entries made by any other individual or any entity, and/or using any e-mail address other than the Entrant’s, or submitted at any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Your submission of an entry constitutes your representation of eligibility, consent to participate in Contest and consent for Sponsor to obtain, use, and transfer your name, address, photograph and other information for the purpose of Contest administration.
Entrants represent and warrant that their submitted photo is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the photo contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the photo, any and all releases and consents necessary to permit the use and exhibition of the photo by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the photo (collectively, the “Clearances”). By submitting a photo, an Entrant warrants and represents that he or she consents to the submission and use of the photo in the Contest.
By submitting an entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Contest of Sponsor’s products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared to be the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, Window World, Inc., the Administrator, and their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
WINNER DETERMINATION/NOTIFICATION: Following the conclusion of the Submission Period, the Sponsor will commence the Judging Period of the Contest. During the Judging Period, each eligible entry will be reviewed by a qualified judge or panel of judges appointed by the Sponsor. Each entry will be judged based on the clear relationship between the submission and the following criteria:
- Creativity and Originality (50%)
- Relevance in respect to the Theme (50%)
One (1) Grand Prize Winner will be determined based on the judges’ scoring/ranking according to the aforementioned criteria. All decisions of the Sponsor (and appointed judge(s)) are final and binding. The potential Grand Prize Winner will be contacted and qualified (via telephone) by the Administrator on or about July 29, 2014.
GRAND PRIZE & PRIZE CONDITIONS: The Grand Prize Winner, upon ASC’s verification of eligibility, will receive an entry door (provided by Window World) valued at up to $5,000. No substitution or transfer of prize will be permitted except the Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value. By accepting the Grand Prize, the Grand Prize Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize. The potential Grand Prize Winner will be notified by home-delivered mail, phone, and/or email, and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent to the potential Winner will require that he/she provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the prize(s). The Winner must note that the value of the accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of their prize and the Winner is solely responsible for all matters relating to the prize after it is awarded. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential Winner cannot be reached via phone within three (3) business days from the first notification attempt, or if the potential Winner fails to return requisite document(s) within the specified time period, or if potential Winner is not in compliance with these Official Rules, then such person will be disqualified and an alternate Winner may be selected for the prize at issue.
By accepting the Grand Prize, where permitted by law, the Grand Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winner also acknowledges that 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.
DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or the Grand Prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Alabama. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Alabama, without giving effect to any choice of law or conflict of law rules (whether of the State of Alabama or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Alabama.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Grand Prize Winner, please send a self-addressed, stamped business size envelope, by September 29, 2014, to: ASC/DLM “What’s Your Front Door View?” Contest Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.