The Caesarstone and Dwell Contest— Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sponsors: Dwell Media LLC, 550 Kearny Street, Suite 710, San Francisco, CA 94108 and Caesarstone 6840 Hayvenhurst Avenue, Suite 100, Van Nuys, CA 91406 (together “Sponsors”).
2. Eligibility:Any individual who enters the Competition must be at least eighteen (18) years of age. The Competition is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. Employees of Sponsors and their immediate families (spouse, parent, sibling, child, and spouse of any of the foregoing) and those living in their immediate households, whether or not related, are not eligible to enter the Competition or to win the prize.
3. Contest Challenge: Submit images of a project that used Caesarstone Quartz Surfaces according to the applicable four Competition categories: Small Space, Most Unique Use of Caesarstone, Kitchen & Bathroom, Commercial & Hospitality. You may enter your project for all four categories if you determine that it is applicable.
4. Entry Period: The Contest Entry Period ends on January 31, 2012 at 11:59 p.m. PST (the “Contest Entry Period”). Sponsors are the official time keeper for this Contest.
5. How to Enter: To enter, go to dwell.com/caesarstone-challenge before the close of the Entry Period and follow the instructions to submit entry information. A complete entry consists of the following (a) fully filled out entry form (b) minimum of one photograph (maximum of 4) of your project (c) brief description of the project. Each entrant may submit more than one entry, up to a maximum of three unique entries. All Submissions must be submitted via dwell.com/contests/caesarstone-challenge/submit. Mailed or hard copy Submissions will not be accepted. Incomplete Submissions will be void. Sponsors are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected votes / entries, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address provided will be deemed to be the registrant. The “authorized account holder” is the natural person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.
6. Rights Definition: As used in these Official Rules, the term “Rights” shall mean rights of copyright, patent rights, trademark and service mark rights, publicity rights, trade secret rights, character rights, rights in routines, trade dress rights, and all other proprietary rights of any kind whatsoever, together with any and all applications, registrations, renewal and extension rights, and rights to sue for any past, present, or future infringement or violation.
7. Originality of Submissions: Each entrant must have all Rights in and to his or her Submission as of the time of entry to the Competition. By entering a Submission each entrant represents and warrants that: (a) the entrant is the exclusive owner of the Rights related to the Submission to: (i) enter such Submission in this Competition; and (ii) to grant to Sponsors all rights necessary to use the Submission in the Competition and as provided in these Rules; and (b) no other person or entity, is entitled to any payment for the use of the Submission. A Submission must not have been, and may not be, entered in any other competition or previously published. Modifying, enhancing or altering a third party's preexisting work does not qualify as an entrant's original creation. Each entrant agrees to indemnify and hold harmless the Sponsors from and against all claims or damages arising out of the use of such entrant’s Submission. Sponsors reserve the right to void and/or disqualify any Submission if found in Sponsors’ sole discretion to be inconsistent with the above representations and warranties, plagiarized, copied, or fraudulent, to infringe upon existing Rights of others, or to be incomplete, damaged, obscene, vulgar, offensive or otherwise unsuitable for any reason. No Submission may violate the privacy rights of any person (living or deceased) or entity.
8. Sponsors' Use and Control Over Submissions: You hereby grant Sponsors the right to copy, display, publish and otherwise use your Submission and the design embodied therein for marketing and promotional purposes related to the Competition. By entering a Submission, each entrant hereby irrevocably grants the foregoing rights to Sponsors, without expectation of compensation or acknowledgement (other than the prize, if any, that is awarded as set forth in these Official Rules). Sponsors shall have no obligation to make attribution with respect to the Submission, retain any of the Submissions, or maintain any information or ideas contained therein as confidential or proprietary. Each Submission must be in good taste and consistent with Sponsors’ positive image and may not be offensive or inappropriate, as determined by Sponsors in their sole discretion. The Sponsors may, in their sole discretion, and without providing notice to or receiving consent from an entrant, modify, change, adapt, or otherwise alter a Submission and any design contained therein to meet the requirements of construction. The rights granted under this paragraph are without compensation or notification to the entrant of any kind, except as required by law, and shall extend to all Submissions, all other materials submitted by entrant, and all other materials developed in connection with the Competition, regardless of whether they are developed by the entrant or another person or entity.
9. Right to Use Name, Likeness, and Other Identifying Information: By entering a Submission, each entrant hereby irrevocably consents to the display, performance, and other use by Sponsors and their respective successors and assigns of his/her name; image; likeness; voice; biographical information; statements and quotes; stories and anecdotes provided; all of his/her other personal or commercial attributes or identifying features (any or all of the foregoing, “Likeness”) for any purposes related to this Competition, and in any format or medium now existing or later developed. All entrants hereby waive any and all rights of publicity and rights of privacy associated with the Sponsors’ use of a Likeness. Entrants shall have no right of notice or approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of a Likeness.
10. Verification and Background Check: All entrants and Submissions are subject to verification by Sponsors. Sponsors reserve the right to conduct background checks on any or all entrants, which may include, without limitation, civil, criminal, employment, education, and financial background checks. Sponsors reserve the right to disqualify any entrant based on such background checks if Sponsors determine in their sole discretion that awarding a prize to any such entrant might reflect negatively on Sponsors. Entrants will cooperate with Sponsors and their representatives in connection with any and all verification and background check activities, including, without limitation, signing and delivering background check authorizations..
11. Judging and Selection of Finalists: Dwell editors will review all eligible Submissions and choose a selection of Submissions per category using the following criteria, each weighted in equal percentages: (a) adherence to Competition requirements and rules (b) use of Caesarstone product (c) applicability to the category and (d) overall caliber of Submission (together, the "Judging Criteria"). The finalists will be notified by Dwell via e-mail between February 13, 2012 and February 15, 2012 that their designs were selected by the judges.
12. Voting: The finalists will be posted, grouped by category, at dwell.com/caesarstone-challege and users will cast votes for their favorite submission beginning on February 15, 2012 and ending on March 1, 2012 (“Voting Period”). The grand prize winner and each winner per category will be determined by popular vote. Voting will be hosted by Dwell with promotional support from Caesarstone. Votes received before or after the Voting Period will not be considered. Voting will be monitored by Dwell. Submissions receiving in excess of 100 votes from the same IP will only be credited with 100 of these votes. One voter will be selected at random to receive a prize as outlined in paragraph 14.
13. Winner Selection: After the Voting Period has ended, the Submission that receives the most lawful popular votes across all four categories will receive the grand prize as described in paragraph 14. The Submissions that receive the most lawful popular votes within their respective categories will receive the category prize as outlined in paragraph 14. In the event of a tie, the tied Submissions will be evaluated against each other by the Competition judges based on the Judging Criteria until the tie is broken. The potential winners will be notified by Dwell via e-mail and telephone between March 1, 2012 and March 10, 2012. If the potential winners choose not to accept the prize, or do not respond to three separate attempts by Dwell to reach the potential winners, the Finalist receiving the next highest popular votes from the public will be selected as the new potential winner. The Sponsors are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the potential grand prize winner. The winners will be announced on Dwell.com no later than fourteen (14) days after Voting has concluded.
14.Prizing: One grand prize will be awarded to the Submission that receives the most lawful votes across all categories. The grand prize winner will receive a two slabs of Caesarstone valued at $3,000 (note, each slab is 47 square feet). The Submissions that receive the most lawful votes within their category will receive an iPad 2 valued at $500.00. The grand prize winner is not eligible for this secondary “category” prize and one Submission cannot win multiple prizes. One voter will be selected at random to win an HD Flip Camera valued at $100. Sponsors reserve the right to substitute any listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
15. Taxes and Documentation: All federal, state, and local taxes on the monetary value of the grand prize are the sole responsibility of the winner. The Sponsors will file a 1099 tax statement with the IRS. The winner will be required to sign a W-9 form; and failure to do so will result in forfeiture of the prize.
16. Release: By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsors the Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsors and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsors from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.
17. Publicity:Except where prohibited, participation in the Competition constitutes winners consent to Sponsors’ and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
18. General Conditions:Sponsors reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsors in their sole discretion. Sponsors reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
19. Limitations of Liability:The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (e) any injury 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 or use or misuse of any prize. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Contest. No more than the stated number of prizes will be awarded.
20. Disputes/Choice of Law: You agree that the Contest shall be governed by the laws of the State of California and: (a) any and all disputes, claims and causes of action arising out of or connected with the Contest shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in San Francisco, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; (c) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"); and (d) you hereby waive all rights to claim Special Damages. Under no circumstances shall Sponsors’ aggregate liability to any entrant of the Contest exceed One Dollar ($1.00).
21. Entrant's Personal Information: Information collected from entrants is subject to the Sponsors’ Privacy Policy which is available at www.dwell.com/privacy and insert privacy policy.
22. Contest Results:To request the name of the winner, send a self-addressed postage-stamped envelope to Dwell Media, LLC / ATTN Ralston O’Neill / 8 West 36th Street / 5th Floor / New York, NY 10018. Requests must be received prior to December 31, 2012.
