Contest Rules
True Value DIY Drama Contest ("Contest")
Official Rules
NO PURCHASE NECESSARY OR PAYMENT NECESSARY TO ENTER TO WIN
Contest begins at 8:00:01 AM Eastern Time (“ET”) on 10/01/09 and ends at 5:59:59 PM (ET) on 11/02/09 ("Contest Period").
The following Contest is intended for participation in the United States only and shall be construed and evaluated only according to the laws of the United States. Please do not enter this Contest unless you are a legal resident of the 50 United States or the District of Columbia and located in the United States at the time of entry.
1. Eligibility: Contest is open only to, and both Entrants and Nominators (as defined herein) must be legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of 10/01/09. Void in Puerto Rico and where prohibited or restricted by law. Employees, directors, officers and agents of True Value Company ("Sponsor"), its subsidiary companies, sales representatives, advertising and promotion agencies, and individual True Value Stores, and members of the immediate families (spouse, parent, child, sibling and spouse of each) or households of any of the above are prohibited from entering the Contest.
2. How to Enter: You may enter yourself (“Entrant”) or you (“Nominator”) may nominate someone else who you feel would be most deserving of winning the Grand Prize (“Nominee”). Nominators who nominate someone other than themselves are not eligible to receive any prize. Beginning at 8:00:01 a.m. (ET) on 10/01/09 visit www.StartRightStartHere.com (“Website”), complete the entry form and follow the instructions to submit an essay of up to 250 words describing your “DIY Drama” or nominate someone by describing their “DIY Drama.” Include up to three (3) photos OR a video not to exceed 5 minutes in length that support and represent why you or your Nominee is most deserving of winning the Grand Prize. Photo(s) must be in color, .jpg format and not to exceed 2MB each in size. Video must not exceed 5 minutes in length, must be in an avi, .mov or .wmv format. Entries must be received by 5:59:59 PM (ET) on 11/02/09. At the time of entry, you will be required to acknowledge that you have read and agree to these Official Rules and the policies, terms and conditions for the Website. Sponsor not responsible for unintelligible, incomplete or entries not received by entry deadline. The essay and photo(s) or video are collectively referred to as an “Entry.” Once an Entry is submitted, you may not edit or resubmit with edits. No correspondence regarding entries will be entered into with entrants, except as specified in these rules. Sponsor and/or its agents may, in their sole discretion, remove, delete and/or disqualify entries deemed to be inappropriate or otherwise non-compliant with these Official Rules or the Privacy Policy and Terms of Use for the Website. See sections 3 and 4 for additional details regarding the requirements for Entries.
3. Entry Requirements: Information stated in Essay is subject to verification of Sponsor in its sole discretion. All Essays must be in English. Unintelligible or incomplete entries are disqualified. Entries become the exclusive property of Sponsor and will not be returned. Entries must be suitable for publication in a public forum (as determined by Sponsor in its sole discretion). Entries may not be obscene or indecent, and may not include nudity, pornography or profanity; may not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); may not include threats to any person, place, business, group or world peace; may not invade privacy or other rights of any person, firm or entity; may not defame, disparage or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights; may not reflect negatively on the Sponsor or its products; and may not depict any drugs or unlawful, immoral or dangerous act or suggest that any individual should undertake any such act.
4. Conditions of Entry: As conditions of Entry into this Contest, Entrant warrants and represents that each element of the Entry is (a) original and has been legally created; (b) does not infringe on the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (c) has not been entered in or won previous contests or awards; (d) has not been published or distributed previously in any media; and (e) use thereof does not infringe third party rights (including those of any videographer/ photographer). Entrant represents that he/she owns or has procured all necessary rights to enter his/her Entry in the Contest, including any elements appearing in a Video, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials used must be entirely original, created and performed by the Entrant, or be in the public domain. By uploading an Essay and Video/Photo(s), Entrant irrevocably grants Sponsor, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, edit and/or otherwise use or reuse (without limitation as to when or to the number of times used) the Entrant's Essay/Video/Photo, including, but not limited to, the recording contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor in its sole discretion), as well as to use Entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest (with or without using the Entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the Entry, and agrees not to sue or assert any claim against the Sponsor for the use of the Entry or Entrant's Likeness or statements.
5. Judging and Public Voting:
Round 1: All Essays and Photo(s) OR Video will be judged by a qualified panel of judges (“Judges”) on or about 11/05/09, whose decisions are final and binding on all matters relating to this Contest. Judges will select ten (10) Finalists (which shall be defined as the Entrant or the Nominee, as appropriate), provided a sufficient number of eligible entries are received. Essays will be judged based on the following equally weighted criteria: (#1) appropriateness to theme; (#2) creativity/quality of entry; and (#3) demonstrated compelling need for DIY project help. Photo(s) OR Video will be judged based on how well the Photo(s) OR Video supports and represents why the entrant or nominee is most deserving of winning the grand prize, which will help entrant with their “DIY Drama”. The scores for the Essays (75%) and Photo(s) OR Video (25%) will be combined to arrive at a total score for the Entry. In the event of a tie, tie will be broken based upon the highest score for the Essay in category #1 and continuing thereafter in each category until the tie is broken.
Round 2: The ten Finalists' Photo(s) OR Video and Essays will be posted for public voting at www.StartRightStartHere.com between 8:00:01 a.m. (ET) 11/16/09 and 5:59:59 p.m. (ET) 12/04/09. The public (ages 13 or older) will be asked to vote for the Finalist who is most deserving of winning the Grand Prize which will help entrant with their “DIY Drama”. The Finalist who receives the highest number of votes will win the Grand Prize (subject to verification of eligibility). There is a limit of one vote per person per day; automated methods of voting are prohibited. Grand Prize winner (and the Nominator, if applicable) will be notified by telephone or mail on or about 12/09/09.
6. Prize: One (1) Grand Prize: A 2-hour in-person project consultation from a True Value representative, at a site designated by winner in conjunction with Sponsor and up to $5,000 to spend at a True Value store near the winner's residence. Actual time, date and location of consultation are at the discretion of Sponsor and must be scheduled by January 31, 2010. If consultation is not used by January 31, 2010, winner will forfeit this prize in its entirety and no substitute prize will be provided. $5,000 credit must be used by December 31, 2010. No transfer of prize allowed. No cash redemption or prize substitution allowed, except as provided herein. In case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value.
7. Winner Verification: Potential Grand Prize winner will be required to sign and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance form within seven (7) days of notification. If Grand Prize is won by an eligible minor (as determined by his/her state of residence), winner will be required to have parent or legal guardian sign and return applicable documentation. Return of any prize/prize notification as undeliverable will result in disqualification and prize may be awarded to the Finalist with the next highest votes. Potential Nominator (if applicable) may be required to complete a Release of Liability/Publicity Release form within seven (7) days of notification.
8. General: All federal, state and local laws and regulations apply to participation in this Contest. Taxes on prize are solely the responsibility of winner. Acceptance of prize constitutes permission to the Sponsor to use finalists/winner's names and/or likenesses for purposes of advertising and trade without further compensation, unless prohibited by law. By participating in this contest, entrants agree to abide by and be bound by these Official Rules and the decisions of the judges which are final in all matters relating to this promotion. By participating, entrants agree, and by accepting a prize, winner agrees, to release True Value Company, affiliates, subsidiaries and agents, including without limitation its advertising and promotion agencies, and each of their respective directors, employees and officers (collectively "Releasees"), from any and all liability arising from or in connection with participation in this promotion, or the awarding, receipt or use of any prize. By Entering the Contest or accepting a Contest prize, Entrants agree to release and hold Sponsor and the Promotional Participants, their respective directors, officers, employees and assigns, harmless against any and all claims and liability arising out of or relating to Entry and/or acceptance/use of a Contest prize. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest, and the acceptance/use of prize. Sponsor is not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Contest. By entering, entrants further agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Illinois.
9. Limitations of Liability: Sponsor and/or its agents are not responsible for any inaccurate transcription of entry information, or any failures and/or delays in online transmissions, malfunction or failure of any Internet connection, malfunction or failure of software or hardware, or any other errors or delays in the transmission of receipt of entries, whether human or technical in nature. Sponsor and other Releasees are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, technology outage, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in the Contest; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic, clerical or human error which may occur in the administration of the Contest or the transmission, receipt or processing of entries or notification of winners; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest. Without limiting the generality of the foregoing, Sponsor reserves the right, in its sole discretion, to terminate, modify, cancel or suspend this Contest if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of Sponsor corrupt the administration, security, or proper play, of the Contest. Under no circumstances, including negligence, shall the Sponsor or the other Releasees be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website, or out of any breach of any warranty or in any other way arising out of or related to this promotion. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SPONSOR'S WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Any attempt to deliberately damage any website or undermine the legitimate operation of this promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Winners List: For the name of the Grand Prize winner, visit www.StartRightStartHere.com. Winner will be posted after verification on or about 12/18/09.
11. Sponsor: True Value Company, 8600 W. Bryn Mawr Avenue, Chicago, IL 60631-3505.