The Dwell.com and James Hardie “Playhaus” Design Competition Official Rules
No Purchase Necessary to Enter or Win. Purchase of any product or service offered by the Sponsors or payment of any kind will not improve chances of winning.
1. Sponsor: The Competition is sponsored by Dwell Media LLC (“Dwell”), located at 550 Kearny Street, Suite 710, San Francisco, CA 94108 and James Hardie Building Products, Inc. ("James Hardie") located at 26300 La Alameda, Suite 400, Mission Viejo, California 92691 (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: Design an innovative playhouse that incorporates James Hardie materials and products. See jameshardie.com/homeowner/products. The winning designs will be constructed by James Hardie and auctioned for charity.
4. Entry Period: The entry period for the Competition ends at 11:59 p.m. PST on September 30, 2011 (“Entry Period”). Entries will be accepted on Dwell.com at, dwell.com/playhaus. Entries received after the Entry Period will not be considered.
5. How to Enter: To enter, go to dwell.com/playhaus before the close of the Entry Period and follow the instructions to submit entry information. A complete entry consists of the following: (a) a completed entry form available at dwell.com/playhaus (b) at least one conceptual design file submitted using the program of your choice (together, the "Submission"). 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/playhaus-design-competition/submit. Mailed or hard copy Submissions will not be accepted. Incomplete Submissions will be void. Submissions must be received by Dwell during the Entry Period to be considered. Proof of entry will not be deemed to be proof of receipt by Sponsor.
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. Rights of reproduction apply only to winning submissions.
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. In addition, you agree that if your Submission is selected as one of the five winning designs, James Hardie may construct a playhouse from your design and auction it off for the benefit of charity. 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: Competition judges will consist of a panel appointed by Sponsors. From approximately October 1, 2011 through October 16, 2011, Dwell editors will review all eligible Submissions and present a selection of Submissions from which the judging panel will select five (5) finalists (“Finalists”) using the following criteria, each weighted in equal percentages: (a) adherence to Competition requirements and rules (b) innovative application of James Hardie materials and products (c) consideration of the design requirements, as follows: • Designs should take into consideration James Hardie suite of building materials; • In applicable, designs should employ James Hardie products only; • Designs should use James Hardie Trim and Siding; • Designs must be under 300 square feet; (d) overall caliber and creativity of Submission; and (e) the most appropriate for construction and charity auction by James Hardie (together, the "Judging Criteria"). The five Finalists will be notified by James Hardie via e-mail and telephone between October 16, 2011 and October 20, 2011 that their designs were selected by the judges. As a condition to being selected as a Finalist, the potential Finalists will be required to execute a Finalist’s agreement (the “Finalist’s Agreement”) within seven (7) days after being notified of their selection. The Finalist’s Agreement will contain, among other things, an affidavit of eligibility, releases, a privacy waiver, and the finalist’s agreement to Sponsors’ use of their Submission as set forth in these rules.
12. Voting Period: The Submissions of the five Finalists (5) will be posted on the James Hardie Facebook page, and Facebook users will cast votes for their favorite Submission beginning at October 20, 2011 and ending at November 28, 2011 (“Voting Period”) to determine the grand prize winner. Voting will only take place over Facebook and will be hosted exclusively by James Hardie with promotional support from Dwell. Votes received before or after the Voting Period will not be considered. Voting will be monitored by James Hardie to ensure one vote per Facebook account.
13. Winner Selection: After the Voting Period has ended, the Submission that receives the most lawful popular votes from the public will receive the grand prize as described in paragraph 15. 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 grand prize winner will be notified by James Hardie via e-mail and telephone between November 29, 2011 and December 2, 2011. If the potential winner chooses not to accept the prize, or does not respond to three separate attempts by James Hardie to reach the potential winner, the Finalist receiving the next highest popular votes from the public will be selected as the new potential grand prize 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 grand prize winner will be announced on Dwell.com no later than ten (10) days after Finalists and runners up are selected.
14. Additional Winner Conditions: James Hardie reserves the right to make minor adjustments to the five finalist designs (one grand prize winner and four finalists) based on the necessary requirements of constructing the designs. As a condition of winning, the grand prize winner and runners up will collaborate with James Hardie as necessary to ensure that their design is viable for construction and auction.
15. Prize and Auction: In addition to the recognition and publicity that comes with being featured on dwell.com and other Dwell Media platforms and James Hardie’s Facebook and other platforms the grand prize winner will receive from James Hardie a $10,000 cash prize. The other four (4) Finalists will receive the recognition and publicity of being featured on dwell.com and on James Hardie’s Facebook page. All 5 Finalists’ (the grand prize winner and the 4 runners up) Designs will be built by James Hardie and auctioned off by James Hardie for charity from December 5, 2011 to December 16, 2011.
16. 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.
17. General Conditions: By participating in the Competition, entrants agree to abide by the terms of these Official Rules and by the decisions of the Sponsors and the judges, which will be final and binding on all matters pertaining to this Competition. Should there be a dispute regarding who may have entered a Submission, that Submission will be deemed to have been made by the authorized holder of the e-mail account at the time the Submission was made. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. By participating in the Competition, entrants release, acquit, and forever discharge Sponsors (and Sponsors’ respective affiliates and subsidiaries) and their respective officers, directors, employees, agents, successors and assigns (collectively, the "Released Parties") from any and all manner of action or actions, suits, claims, damages, judgments, levies and executions, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which an entrant and his or her successors and assigns ever had, has, or may have, or claim to have against the Released Parties, for, upon, or by reason of any matter, act, or thing relating to the Competition. The Sponsors may modify, suspend, or terminate the Competition at any time, and for any reason that they may determine in their sole discretion. Sponsors reserve the right in their sole discretion to disqualify any entrant, and remove such entrant's Submission from the Competition, who tampers with the entry process or the operation of the Competition or who acts in violation of these Official Rules. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
18. Privacy Policies: In addition to the usage rights described in these Official Rules, by entering the Competition, entrants agree and consent that any information provided upon entering may be used by Sponsors in accordance with their respective Privacy Policies located at dwell.com/privacy and jameshardie.com/homeowner/privacy.shtml.
19. Disputes/Choice of Law: Each entrant agrees that the Competition shall be governed by the laws of the State of California and: (1) any and all disputes, claims and causes of action arising out of or connected with the Competition shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"); and (4) each entrant hereby waives all rights to claim Special Damages. Under no circumstances shall Sponsors’ aggregate liability to any entrant of the Competition exceed One Dollar ($1.00).
20. Winner's List: To request the name of the winner and runners-up, send a self-addressed postage-stamped envelope to Dwell Media LLC, "Playhaus Competition”, attn Ralston O’Neill, 550 Kearny Street, Suite 710, San Francisco, CA 94108. Requests must be received prior to December 31, 2012.