OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AGE 18 OR OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS CONTEST.
- HOW TO ENTER: The entry period for the Make Your Home Your Own Contest (the "Contest") begins at 12:00 p.m. Pacific Daylight Time (PDT) on March 31, 2011 and ends at 12:00 a.m. PDT on May 1, 2011 (the "Entry Period"). To enter, access www.rejuvenation.com (the "Website") and follow the on-screen entry instructions. Each entrant will be required to submit his or her name, e-mail address, city and state of residence and such other information as Sponsor may require and to upload via the Website three (3) photographs of a room in the entrant's home that the entrant has remodeled (a "Photograph"). Each entrant must also submit a brief description of the remodeled room. The room must be within the entrant's home. Photographs of rooms within a commercial or non-residential location are not permitted. Entries must be completed and received by Rejuvenation Inc. ("Sponsor") by 12:00 a.m. PDT on May 1, 2011. Proof of submission does not constitute proof of entry. Normal time rates, if any, charged by Internet service provider will apply. There is a limit of one entry per person and per e-mail address. If one person submits multiple entries (including, without limitation, using multiple e-mail addresses), Sponsor may in its discretion void all such entries. NO PURCHASE IS NECESSARY. The use of Rejuvenation products in the remodeled room is not required and any such use will not affect eligibility or the selection of the winners.
- ELIGIBILITY: The Contest is open only to legal residents of the fifty United States and the District of Columbia who are 18 years of age or older as of the date of entry. The Contest is void in Puerto Rico and where prohibited. Employees of Sponsor, its advertising and promotion agencies and any other persons or companies involved in the development, administration, execution or marketing of this Contest, and such employees' immediate family and household members, are not eligible. In the event of a dispute regarding any entry, the entry will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry (i.e., the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address).
- SUBMISSION GUIDELINES: All Photographs must comply with the following guidelines: (a) the Photograph must be in .jpg file format and no larger than 100K in size (recommended photo dimensions are 300x300 pixels); (b) the Photograph (including the copyright in the Photograph) must be owned by the entrant and must be original; (c) the Photograph must not previously have been published or won any award; (d) the Photograph must not depict or refer to any brand or trademark other than Rejuvenation; (e) the Photograph must not contain any material that is or that depicts behavior that is defamatory, threatening, indecent, violent, dangerous, obscene or offensive, or that promotes a political agenda; (f) the Photograph must not contain any material that violates or infringes upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or whose use by the Sponsor Parties (as defined in Section 7) requires a license or permission from or payment to any third party; (g) the Photograph must not identify or depict any person; and (h) the Photograph must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or for posting on the Website. By submitting a Photograph, the entrant represents and warrants that he or she has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Photograph and the use of the Photograph as permitted pursuant to Section 7 of these Official Rules and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at Sponsor's request copies of all such permissions, licenses and consents. Sponsor reserves the right in its sole discretion to disqualify and/or not to post on the Website any Photograph that Sponsor determines does not comply with these guidelines, to make such changes to any Photograph as are necessary to make it compliant, or to require the entrant to do so. Sponsor reserves the right to review some or all of the submitted Photographs prior to posting them on the Website in order to preliminarily assess compliance with these Official Rules. Posting a Photograph on the Website is not a determination that the entrant is eligible or that the Photograph complies with all of the Submission Guidelines. Sponsor reserves the right to post Photographs in random order.
- WINNER SELECTION: People's Choice: One (1) winner will be chosen based on public voting. Photographs will be posted on the Website for public viewing throughout the Entry Period. From approximately 12:00 p.m. PDT on May 5, 2011 through approximately 11:59 p.m. on May 19, 2011 (the "Voting Period"), visitors to the Website will be permitted to vote for a People's Choice winner. Website visitors will be instructed to vote based on the following criteria (the "Judging Criteria"), weighted equally: (a) creativity of the remodeled room; (b) use of design elements in the remodeled room; and (c) overall impression (the "Judging Criteria"). The entrants whose Photographs receive the most votes from Website visitors will be the potential Grand Prize winner. Expert Panel: One (1) winner will be selected by a panel of judges designated by Sponsor, based on the Judging Criteria. The entry with the highest average rating from the judges will be the potential winner.
- WINNER NOTIFICATION AND VERIFICATION: The potential winners will be notified on or about June 1, 2011 by email (sent to the e-mail address provided by the entrant when entering), mail and/or telephone, in Sponsor's discretion. The potential winners are subject to verification of eligibility and compliance with these Official Rules. The potential winners may in Sponsor's discretion be required to complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release (certifying, among other things, that the Photographs comply with the guidelines set forth in Section 3). If a potential winner cannot be reached or does not respond within seven (7) days of the initial notification attempt, or fails to complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release (where permitted by law) within seven (7) days of delivery to the potential winner of the same, if any attempted notification or prize delivery is returned as undeliverable, Sponsor may in its discretion disqualify the potential winner and award the prize to an alternate winner. If a potential winner is a minor under the laws of his or her jurisdiction of residency, the prize may in Sponsor's discretion be awarded in the name of the winner's parent or legal guardian, who must complete any required Affidavit/Release.
- PRIZES: Each of the two (2) prizes is a Rejuvenation gift certificate with a face value of $1,000. The approximate retail value of each prize is $1,000. The total approximate retail value of all prizes is $2,000. Use of the gift certificates is subject to the issuer's standard terms and conditions. Certificates and unused portions of certificates cannot be exchanged for cash. All expenses and costs associated with the acceptance or use of any prize that are not expressly specified in these Official Rules as being part of the prize are the responsibility of the winner. The prizes are non-transferable and may not be redeemed for cash. No substitution of any prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. All federal, state/provincial and local taxes on the prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued to the winners if required by law.
- GRANT OF RIGHTS: Entry constitutes a grant of permission to Sponsor and its parent companies, affiliates, subsidiaries, promotional partners, agents, and those they may designate from time to time (all of the foregoing, the "Sponsor Parties") to use the entrant's name, likeness (including without limitation photographs and/or recordings of the entrant), voice and biographical information, and the Photographs submitted by the entrant, including without limitation modifying, altering, excerpting or amending the Photographs and/or creating derivative works based on the Photographs or any component thereof, for purposes of trade, publicity or promotion and any other purpose, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any notice, permission or compensation (except where prohibited by law). Without limitation of the foregoing, by entering the Contest, each entrant agrees that the Sponsor is permitted, during the Entry Period and thereafter, to display his or her Photographs, name, likeness and/or biographical information online at the Website and other social media platforms for public viewing and comment and to incorporate the entrant's Photograph, name and/or biographical information in advertising, marketing and promotional materials for Sponsor and/or its products and services and/or the Contest. Entrants may be required to execute such releases, licenses and other documentation as Sponsor requires with respect to the entrant's Photographs.
- RELEASE AND ASSUMPTION OF RISK: By entering, each entrant, on behalf of the entrant and his or her heirs, executors, guardians, assigns, agents and representatives, releases each of the Sponsor Parties and each of their successors, and the directors, officers, employees and assigns of each of the foregoing, from and agrees not to assert any and all claims, actions, suits, proceedings and demands arising out of or relating to the conduct of or the entrant's participation in the Contest, the acceptance or use of the prize, the use by any of the Sponsor Parties of any Photograph or any other exercise by any of the Sponsor Parties of any of the rights granted herein, and all liabilities, losses, injuries and/or damages arising out of relating to the same. The foregoing includes, without limitation, any claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any delay in the delivery or receipt of any prize, or any personal injury or death to an entrant or any other person or any damage to or loss of personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize and any activity or travel related thereto or participation in this Contest. Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize.
- GENERAL RULES: The Sponsor Parties are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries or e-mails, incorrect or inaccurate capture of, damage to, or loss of entries, Photographs or entry information, or any other human or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Contest. The Sponsor Parties are not responsible for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. The Sponsor Parties are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Sponsor may prohibit any potential entrant from participating in the Contest or winning a prize if, in Sponsor's sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intends or is attempting to annoy, abuse, threaten or harass any other entrants or any representative of Sponsor. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest. In the event of termination of the Contest, a notice will be posted online and a winner will be selected from among all eligible entries received prior to the time of termination. Entry times will be determined using Sponsor's computer, which will be the official clock for the Contest. All federal, state and local laws and regulations apply. Each entrant will indemnify, defend and hold each of the Sponsor Parties and each of their successors, and the directors, officers, employees and assigns of each of the foregoing, harmless from and against any and all claims, actions, suits, proceedings and demands arising out of or relating to the use by any of them of the Photograph as permitted hereunder, and all liabilities, losses, injuries and/or damages to entrant or any other person arising out of relating to the same. Entries will not be verified or returned. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. The Sponsor Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded. By entering the Contest, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Non-compliance with these Official Rules may result in disqualification. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Oregon, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.
- WINNERS' NAMES:For the names of the winners, available after June 15, 2011, send a self-addressed, stamped envelope to: 2550 NW Nicolai Street, Portland, OR 97210.
- SPONSOR: Rejuvenation Inc., Portland, OR.