No Purchase Necessary to Enter or Win
The following are the official rules for the Dwell.com and Room & Board "Room for Improvement: Living Room" Design Competition ("Competition"):
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Sponsors: The Competition is sponsored by Dwell Media LLC ("Dwell"), located at 550 Kearny Street, Suite 710, San Francisco, CA 94108 and Room & Board, Inc. ("Room & Board") located at 4600 Olson Memorial Highway, Minneapolis, MN 55422 (together "Sponsors").
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Eligibility: Entrants must be individual persons, and not entities, businesses, or organizations. The Competition is only open to legal residents living in the 48 contiguous United States (for purposes of clarity, this excludes Hawaii and Alaska) and the District of Columbia, who are at least 18 years old at the time of entry and located in the 48 contiguous United States at time of entry. The Competition is subject to all applicable federal, state and local laws and regulations, and is void in Hawaii and Alaska and 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.
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Entry Period: The entry period for the Competition begins at 9:00 a.m. PST on May 25, 2010 and ends at 11:59 p.m. PST on July 18, 2010 ("Entry Period"). Entries will be accepted by both Sponsors on their respective websites, dwell.com/contests/submit/room-for-improvement.html and roomandboard.com/room-for-improvement. Entries received before or after the Entry Period will not be considered.
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How to Enter: To enter, go to dwell.com/contests/room-for-improvement.html or roomandboard.com/room-for-improvement during the Entry Period and follow the links and instructions to submit entry information including three photographs of the living room in need of a $10,000 makeover from Room & Board. A complete entry consists of the following: (1) a completed entry form available at dwell.com/contests/submit/room-for-improvement.html and roomandboard.com/room-for-improvement (which includes four questions about why the entrant's living room deserves a makeover); and (2) three photographs in .jpg format, RGB color mode, and each no larger than 1600x1600 pixels that include: (a) the living room in its entirety; (b) the entrant striking his or her best "dwell-like pose" in the room; (c) and the most "tragic" piece of furniture or element in the room most in need of Room & Board's help (collectively, the "Submission"). Entrants may enter only one Submission into the Competition. All Submissions must be submitted via the Sponsors' websites. Mailed or hard copy Submissions will not be accepted. Incomplete Submissions and Submissions not in specified formats will be void. Submissions must be received by Sponsors during the Entry Period to be considered. Proof of entry will not be deemed to be proof of receipt by Sponsor.
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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.
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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, or the entrant has written permission from the owner of such Rights to: (i) enter such Submission in this Competition; and (ii) to grant to Sponsors all rights necessary to use the Submission in the Competition; (b) no other person or entity, is entitled to any payment for the use of the Submission; (c) the entrant has obtained from anyone identified or depicted in the Submission (or the parent or guardian of any child identified or depicted) all permission necessary to grant the Sponsors the rights granted herein; (d) the entrant has obtained from the owner of the related Rights, all permission necessary for the inclusion and use in the Competition of any graphics, artwork, or other items or elements that appear in the Submission; and (e) the entrant has all permission necessary to authorize the makeover of the living room identified in the entrant's 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.
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Sponsors' Ownership of Submissions: Each Submission, including, without limitation, all contents, concepts and ideas embodied therein, becomes the exclusive property of Sponsors, may be used by Sponsors for marketing and other promotional purposes, and will not be returned by Sponsors. By entering a Submission, each entrant hereby irrevocably assigns to Sponsors all right, title and interest in and to such Submission, including, without limitation, all Rights related to the Submission 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.
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Right to Use Name, Likeness, and Other Identifying Information: By entering a Submission, each entrant hereby irrevocably consents to the unlimited reproduction, distribution, display, performance, and other use by Sponsors and their respective successors and assigns of his/her name; image; likeness; voice; Submission; biographical information; statements and quotes; stories and anecdotes provided; all of his/her other personal or commercial attributes or identifying features; and any interior or exterior photographs or other depictions of the entrant's home or office, which may or may not contain images of the entrant's family, friends, or pets (each, a "Likeness"), for any purposes directly or indirectly related to this Competition, and in any format or medium now existing or later developed. Each entrant hereby waives any and all rights of publicity and rights of privacy associated with the Sponsors' use of a Likeness. 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 Likeness. Entrants shall have no right of 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. 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.
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Sponsors' Control over Submissions; Background Check: Each Submission must be in good taste and consistent with the Sponsors' positive image and may not be offensive or inappropriate, as determined by Sponsors in their sole discretion. No Submission may infringe or otherwise violate the Rights or privacy of any person (living or deceased) or entity. 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.
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Judging; Selection of Finalists: Competition judges will consist of a panel of Dwell and Room & Board staff. From approximately July 19, 2010 to July 30, 2010 the Competition judges will judge each Submission using the following criteria, each weighted in equal percentages: (a) adherence to Competition requirements and rules; (b) overall need for a room makeover; and (c) the most creative answers to the four questions on the entry form (the "Judging Criteria"). The Competition judges shall select the twenty (20) Submissions receiving the highest total score ("Finalists"). In the event of a tie, the tied Submissions will be re-evaluated against each other by the Competition judges based on the Judging Criteria until the tie is broken. PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY THE SPONSORS OR PAYMENT OF ANY KIND WILL NOT IMPROVE CHANCES OF WINNING.
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Voting Period: The Submissions of the Finalists will be posted at dwell.com/contests/room-for-improvement.html and roomandboard.com/room-for-improvement and available to receive votes to be cast by Internet users for their favorite Submission beginning at 9:00 a.m. PST on August 1, 2010 and ending at 11:59 p.m. PST on August 25, 2010 ("Voting Period"). The public will vote for their favorite Finalist. Voting will only take place over the Internet and will be simultaneously hosted by both Sponsors at dwell.com/contests/room-for-improvement.html and roomandboard.com/room-for-improvement. Votes received before or after the Voting Period will not be considered. Voters may only vote once during the Voting Period.
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Winner Selection: After the Voting Period has ended, the Competition judges will select as the potential winner the Submission that receives the most popular votes from the public. 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 winner will be notified by Room & Board via e-mail and telephone between August 31, 2010 and September 5, 2010. If the potential winner chooses not to accept the prize, or does not respond between August 31, 2010 and September 5, 2010 to three separate attempts by Room & Board to reach the potential winner, the Finalist receiving the next highest popular votes from the public will be selected as the new potential winner. In the event of a tie in this instance, the tied Submissions will be re-evaluated against each other by the Competition judges based on the Judging Criteria until the tie is broken. The Sponsors are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the potential winner. As a condition to being selected as the winner of the Competition, the potential winner will be required to execute a winner's agreement (the "Winner's Agreement") within five (5) days after being notified of their selection as a potential winner. The Winner's Agreement will contain, among other things, an affidavit of eligibility, releases, provisions concerning the prize, the way in which the prize will be provided, a privacy waiver, and the winner's assignment to the Sponsors of all of the Rights related to any materials, items, or information developed in connection with the prize. The winner will be announced on Dwell.com and Roomandboard.com after the winner is selected.
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Prize: One (1) prize will be awarded. The prize will consist of the winner receiving an interior design consultation from a Room & Board specialist and a makeover of the living room depicted in the winner's Submission. The furnishings and accessories for the makeover will be provided by Room & Board. The approximate retail value of the furnishings and accessories used in the makeover will be $10,000. The living room makeover process and the finished living room will be photographed and an article/advertisement about the makeover will be published in the December/January 2011 edition of Dwell© Magazine, or such other issue as may be determined in the sole discretion of the Sponsors.
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Additional Prize Conditions: The winner and the Sponsors will cooperate to agree upon a mutually agreeable date for the makeover. The winner is responsible for clearing out their living room in its entirety prior to the mutually agreed date of the makeover and delivery of Room & Board furnishings and accessories. Delivery of Room & Board furnishings and accessories will occur prior to the makeover; and the winner is responsible for their safe and secure storage. The living room makeover must occur before October 1, 2010, or the winner may forfeit the prize. The prize is not transferable, assignable, or redeemable for cash. No cash redemption and no prize substitution is permitted, except by Room & Board which reserves the right to change or replace the prize with a prize of comparable or greater value at any time.
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Taxes and Documentation: All federal, state, and local taxes on the monetary value of the 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.
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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.
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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 roomandboard.com/rnb/our_website/privacy.
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Disputes/Choice of Law: Each entrant agrees that the Competition shall be governed by the laws of the State of Minnesota 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, 13 and exclusively by state or federal courts situated in Hennepin County, Minnesota; (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).
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Winner's List: To request the name of the winner, send a self-addressed postage-stamped envelope to "Living Room Design Competition" c/o Room & Board, Inc. 4600 Olson Memorial Highway Minneapolis, MN 55422. Requests must be received prior to October 1, 2010.
