| NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE “OFFICIAL RULES” AND SPONSOR’S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.I. CONTEST PERIOD: The “Sell by Design” Contest (the “Contest) begins on or about 12:00 a.m. Eastern Time (“ET”) on Monday, February 1, 2010, and ends at 11:59 p.m. ET on Wednesday, March 31, 2010 (the “Entry Period”), or when the first 1,000 submitted entries have been received. II. SPONSORS: The Contest is sponsored by Hallmark Realty, Ltd d/b/a Hallmark Sotheby’s International Realty, 11 Grove St, Hopkinton, MA 01748; Weston Nurseries 30 Phipps St, Hopkinton, MA 01748; Phillips Design 95 Commonwealth Ave, Concord, MA 01742; Gilmore Building Company 1 Grafton Common, Grafton, MA, 01519 (the “Sponsors”). III. ELIGIBILITY: To take part in the Contest, Participants must be legal US residents, homeowners who currently own and are in the process of selling a single-family home that has a current market value of $300,000.00 to $800,000.00 in one of the following Massachusetts towns: Hopkinton, Holliston, Westborough, Southborough, Marlborough, Framingham, Natick, Dover, Sherborn, Medfield, Shrewsbury, Grafton, Upton, Milford, Northborough, Ashland, Medway, or Franklin. Entrants must be 18 years of age or older at Contest Start Date. Officers, members, directors and employees of all participating Sponsors,and their subsidiaries, sales representatives, franchisees and franchisees’ affiliates, and each of their respective parents, subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Contest (collectively, the “Released Parties”) and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void where prohibited, taxed or restricted by law. IV. HOW TO ENTER THE CONTEST AND ODDS: b.) Follow prompts to submit a 100-word Essay (“Essay Entry“) that explains why your house deserves to win a renovation “Facelift“. c.) Only the first 1,000 Entrants to submit Essay Entires will be considered eligible for the Contest d.) Qualified Essay Entries will be selected during Phase I of the Judging Process based upon criteria as stated in Rule VIII. Odds of winning depend upon the number of eligible entries received. V. ENTRY CRITERIA: The Essay Entry must consist of a 100 words or less. The content must describe the desired face-lifted areas of the home. As a condition of entering this Contest, you warrant and represent to the Contest Released Parties: (A.) THAT YOU OWN ALL RIGHTS TO THE HOUSE BEING FEATURED IN THE CONTEST ENTRY; (B) HAVE TITLE V IN HAND IF ON A SEPTIC SYSTEM; (C.) SELLER MUST PROVIDE CLEAR TITLE. Only the first 1,000 submitted entries will be considereed. VI. REQUIREMENTS FOR ENTRY: All Entries must meet the following requirements in Sponsor’s sole discretion or they will be disqualified: a. Entry must be written in English. b. All aspects of the Entry must be originally created by and solely owned by you or in the public domain, except that you may include Sponsor’s name, trademark, logos, or tagline, which is allowed solely for use by you for entry into this Contest and may only be used in a positive and non-disparaging manner. Use or non-use of Sponsor’s name, trademark, logo or other property in an Entry will not affect the judging of an Entrant’s Entry. The Entry must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity. c. Entry must be unpublished and not have been submitted in any other contest, promotion, or competition. d. Entry must not contain any use of a third party’s name, likeness, or any other information identifiable to third party. e. Entry must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Contest Entity, or any third party (as determined in Sponsor’s sole discretion). f. Entry must not contain any harmful or illegal activity or in any way violate any federal, state, or local laws or regulations. g. Entry must be suitable for presentation in a public forum, in the sole determination of Sponsor. h. Any description of Sponsors’ products or services must not suggest inappropriate, unlawful, or dangerous use of the products. i. Entries generated by a script, macro or other automated means will be disqualified. For the Contest, the limit is ONE (1) entry per household. USE OF COMPUTER PROGRAMS AND/OR OTHER AUTOMATIC ENTRY METHODS, (SUCH AS “XEROX” TYPE COPIES, HACKS OR BOTS), AS A METHOD OF ENTRY IS STRICTLY PROHIBITED. Without in any way waiving any of their other rights or remedies, Sponsor reserves the right to disqualify, block and/or discard any entries from any individual who enters by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process or acts in a disruptive or unsportsmanlike manner as determined by the Sponsor in its sole discretion. The Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure or any other causes which, in its sole opinion, corrupt or undermine the administration, security, fairness, integrity, or proper operation of the Contest. Entrant agrees that his/her participation in the Promotion and agreement to these Official Rules and any Promotion Entity’s display and use of the Entrant’s Content will not violate any agreement to which Entrant is a signatory or party. VII. TERMS OF SUBMISSIONS: By submitting an Entry into this Contest, (a.) you irrevocably grant to the Sponsors the unconditional and perpetual right to copyright (as appropriate), encode, store, copy, transmit, publish, post, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), your name and Contest Entry (as submitted or as modified in any way in Sponsor’s sole discretion) in any media throughout the world, including but not limited to all participating Sponsors, to include the following websites at www.SellByDesignContest.com; www.gilmorebuildingco.com <http://www.gilmorebuildingco.com>; www.westonnurseries.com <http://www.westonnurseries.com>; www.hallmarksothebysrealty.com <http://www.hallmarksothebysrealty.com>; www.phillipsdes.com <http://www.phillipsdes.com>; BY SUBMITTING AN ENTRY, ENTRANTS ACKNOWLEDGES THAT AN ENTRY MAY BE POSTED ON THE CONTEST WEBSITE LOCATED AT OR OTHER WEBSITE(S) AUTHORIZED BY SPONSOR FOR THE CONTEST (COLLECTIVELY “THE WEBSITE”), AT SPONSOR’S DISCRETION AND WILL BE VIEWED BY OTHER WEBSITE USERS; (e.) By submitting an entry, you are authorizing Sponsors to send you e-mails about its products and services. You may opt out of receiving future e-mails from the participating Sponsors by clicking on the link contained in the initial e-mail. You will remain eligible for this Contest whether or not you opt out of receiving promotional e-mails from the Sponsors; (f.) This Contest may be cancelled in the event qualified Entries are not received to meet the minimum standards established by the Sponsor and/or Judges. All submission materials will returned or destroyed upon request. Any waiver of any obligation hereunder by the Sponsors does not constitute a general waiver of any obligation to Contestants. You may make comments or promote this Contest on the following Contest Blog Post and Social Networking Sites: Blog: http://sellbydesigncontest.wordpress.com/ Selected Entries may be featured from time to time on the Sponsors’ Websites or in advertising during the Contest Period, in Sponsor’s sole discretion; being selected as a featured Entry is unrelated to the Judging Criteria and does not guarantee selection of a Grand Prize Winner in the Contest. VIII. JUDGING PROCESS AND CRITERIA: Phase 1-Essay and Home Qualification Period. All eligible Entries must be submitted by the Phase I Entry Period Deadline, March 31, 2010, under the supervision of an independent judging organization and a panel of real estate and home remodeling experts (collectively the “Judges”). The judging criteria is ranked on the following: (a.) Compelling nature of the Entrant’s home and its make-over needs (50%); (b.) Applicability of content (30%); (c.) Persuasiveness (20%). Judging will be monitored and certified by the Sponsor. All home owners whose entries have been reviewed, will be contacted to schedule a home evaluation meeting with Muneeza Nasrullah and or with a staff member from Hallmark Realty, LTD, d/b/a Hallmark Sotheby’s International Realty to determine and qualify the market value of the Entrant’s home. Six (6) Semi-Finalists will be selected and contacted on or about April 2, 2010. The six essays with the highest ratings will be named as the Promotion’s potential Semi-Finalists (the ”Semi-Finalists”). Phase 2-Semi-Finalist Home Qualification Period: A Home Owner who is deemed a potential Semi-Finalist will have their home inspected by a certified home inspector (no fees are involved), to determine if the condition of the home meets with the Home Conditions Criteria (“Conditions Criteria“) in order to be considered a qualified Semi-Finalist, or if the home is to be ruled-out of the Contest due to disqualifying conditions. For example: mold, rotting wood or cracked substructures, plumbing or roof problems and other conditions. A list of the Conditions Criteria is available upon request and will be sent to your provided email address. Phase 3- Finalist Judging Period: The eligible Semi-Finalist Entries will then be re-judged by the Judges based on the same criteria listed above. The Essay and the home with the highest overall rating will be determined the Grand Prize Winner (the “Winner“). Judges’ decisions are final with respect to all matters relating to the Contest. By participating, Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects. IX. GRAND PRIZE WINNER DRAWING & NOTIFICATION: The Grand Prize Winner will be determined and notified on or about April 9, 2010. Winner will be notified by using the contact information provided in registration. If any Semi-Finalist and or Grand Prize winnercannot be reached within three (3) calendar days from the first notification attempt, or ifhe/she fails to return any requisite documents within the specified time period as stated in Rule XII, or is not in compliance with these Official Rules, such person shall be disqualified and, at Sponsor’s sole discretion, the prize may be awarded to the next-highest-rating entrant. One (1) Grand Prize Winner will be awarded a home “facelift” of up to $50,000.00. Final prize value will be based on the Essay’s home facelift needs as previously spelled out. Prize will be fulfilled by the Sponsor. In addition and for promotional purposes only, the following consultation services at an approximate total value of $1,615.00 will be provided: Five (5) Semi-Finalists each will receive a Flip Video-Ulta HD Camcorder. Approximate Retail Value (“ARV”) $200.00. Total ARV of Semi-Finalist Prizes is $1,000.00 In addition and for promotional purposes only, the following consultation services at an approximate total value of $1,615.00 will be provided: First 100 Entries Receive: Free Phillips 2 Hours Consulting. Valued at $135 XI. GRAND PRIZE CONDITIONS: The Grand Prize Winner agrees to: (a.) list their home for one (1) year with Hallmark Sotheby’s International Realty; (b.) accomodate the design team to fulfill face-lift renovations for a period of approximately six to eight weeks, weekdays only from 8:00 a.m through 5:00 p.m (this will require taking house off the market during the renovation period, if it is already listed with a Hallmark Sotheby’s International Realty agent); (c.) allow Sponsor to conduct open house viewings during weekends as often as deemed necessary by Sponsor. Prize Winner is solely responsible for all applicable federal, state, and local taxes associated with the receipt of any prize. If the Winner defaults on the agreed to listing contract, Winner will be liable to reimburse all parties concerned for their time and cost of product. XIII. INTERNET LIMITATIONS OF LIABILITY: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Promotion in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Promotion or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the e-mail account. “Authorized account holder” is defined as the natural person who is assigned to an e-mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES, ONLINE OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE CONTEST OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. SPONSORS ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS. XIV. GENERAL TERMS & CONDITIONS: This Promotion is subject to all applicable federal, state, and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of the Contest Administrator, and waive any right to claim ambiguity in the Contest or these Official Rules. Grand Prize winner shall supply upon request by Sponsor, personal information for purposes of Sponsor of governmental reporting and/or verifying Winner’s identification. The Contest prize offered by Sponsor are nontransferable and non-refundable and must be accepted as awarded. Prize recipient is responsible for all applicable federal, state, and local taxes on a prize; if applicable. All additional expenses and costs not expressly listed in Sponsor’s Prize Contract are the winner’s responsibility. Unclaimed or undeliverable prizes will not be awarded after Six (6) months of Notification Date. The Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if at the sole discretion of the Sponsor, such person shows a disregard for these Official Rules, or acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or their agents or representatives. XV. RELEASE: By entering, each Entrant agrees to release and hold harmless Sponsor and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising in whole or in part, directly or indirectly, out of participation in the Contest or any Contest related activity; receipt or use or misuse of any prize; Released Parties’ use of the rights granted herein; or for any printing, production, typographical, human, or other error in the printing, offering or announcement of any prize. XVI. DISPUTE RESOLUTION: Except where prohibited, as a condition of participating in this Contest, Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of, or connected with this Contest, or any prizes awarded, or the determination of the Winner shall be resolved individually (without resort to any form of class action and with the understanding and agreement that these Official Contest Rules shall apply), and shall be submitted to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (e.g., costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Massachusetts, in the City of Hopkinton, County of Middlesex, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. In the event that arbitration is prohibited, in a particular state/territory then any such claim shall be brought and maintained in the federal or state courts of the State of Massachusetts, in the City of Hopkinton, County of Middlesex. Any dispute or claim arising out of the entry of this Contest, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of Massachusetts, without respect to conflicts of laws principles. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS $250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. XVII. WINNERS LIST: To request the name of the Prize winners, please send a self-addressed, stamped, business-size envelope to:Compliance/Sell by Design Contest, PO Box 468, Stonington, CT 06378. Requests must be received by May 15, 2010. XVIII. OFFICIAL RULES BY MAIL: For your own copy of the Official Rules, send a self-addressed, stamped, business-size envelope to Compliance/Sell by Design Contest, PO Box 468, Stonington, CT 06378 for receipt by April 1, 2010. XIX. SPONSORS: Hallmark Realty, Ltd d/b/a Hallmark Sotheby’s International Realty, 11 Grove St, Hopkinton, MA 01748; Weston Nurseries 30 Phipps St, Hopkinton, MA 01748; Phillips Design 95 Commonwealth Ave, Concord, MA 01742; Gilmore Building Company 1 Grafton Common, Grafton, MA 01519 XX. MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Contest Entrant, to the extent there is a conflict between these Official Rules and any terms of use or other agreement posted on the Sponsor’s Web Site or the other Social Networking Web Sites, these Official Rules control. |
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