Team Elmer's Worst Driveway Contest - Terms and Conditions
OFFICIAL RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Team Elmer’s Worst Driveway contest (the “Contest”) is designed to encourage eligible residents of Team Elmer’s service area (“Entrant”) to describe their driveway in an attempt to convince the judging panel that they have the “worst driveway” or the “worst need” for a new $5,000 driveway.
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Elmer’s Crane and Dozer, Inc. (Team Elmer’s) with respect to the Contest.
2. ELIGIBILITY: Team Elmer’s Worst Driveway Contest (“the Contest”) is open only to legal residents of Alcona, Alpena, Antrim, Arenac, Bay, Benzie, Charlevoix, Cheboygan, Clare, Crawford, Emmet, Gladwin, Grand Traverse, Gratiot, Iosco, Isabella, Kalkaska, Lake, Leelanau, Manistee, Mason, Mecosta, Midland, Missaukee, Montcalm, Montmorency, Muskegon, Newaygo, Oceana, Ogemaw, Osceola, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, or Wexford County who are at least eighteen (18) years old at the time of entry. Employees of Elmer’s Crane and Dozer, Inc. as well as the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee are not eligible. Entrants are subject to all applicable federal, state, and local laws, and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Only Residential driveways are eligible for contest entry.
3. SPONSOR: Elmer’s Crane and Dozer, Inc., 3600 Rennie School Road, Traverse City MI 49685.
4. CONTEST PERIOD: The Contest begins on April 1, 2012 at 12:00 a.m. Eastern Time ("ET") and ends on April 30, 2012 at 11:59 p.m. ET (the "Promotion Period"). Sponsor’s computer is the official time-keeping device for the Contest.
5. HOW TO ENTER: NO PURCHASE NECESSAY TO ENTER OR WIN. During the Promotion Period, visit www.TeamElmers.com (“Contest Site”), click on the Team Elmer’s Contest banner and follow the links and instructions to complete the registration. Complete and submit the registration including name, a valid home address ( P.O. Boxes are not permitted), city, state, zip code, county, phone number, email, agreement to the rules of the contest, and a 200 word (or less) essay on why your driveway should be awarded the worst driveway or worst need for a driveway is required. Upon proper completion of all registration requirements entrant will receive one (1) entry into the Contest. Limit: Each household address may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email/street address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the legal owner of the street address entered will be deemed the registrant. The potential winner may be required to show proof of being the legal property owner. Entrants may provide support video links or photos during registration on the contest website. Entrants may provide photos via United States Postal Service to:
Team Elmer’s Worst Driveway Contest, PO Box 6150, Traverse City, MI 49696. All support photos must have the entrant name clearly printed on the back of the photo and match a valid online registration. All support materials must be received with a valid postmark between April 1 and April 30, 2012 via the US Postal Service. Proof of mailing does not constitute proof of entry.
6. ENTRY AND SUPPORT REQUIREMENTS: The required essay and any support materials, including video or photo support materials (The entry):
(a) They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
(b) They must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the essay and/or supporting content are created.
(c) They must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
(d) They must be original, unpublished works that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
(e) They cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
(f) The essay and/or support material is not the subject of any actual or threatened litigation or claim.
(g) The Entrant does not include any disparaging remarks relating to the Sponsor or a third party.
During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating the essay and supporting content to ensure that they meet the contest Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who submits an essay and/or supporting statement that does not meet the Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification
7. JUDGING: Each essay will be evaluated and scored based on the following “Criteria”:
(a) Artistic Merit – How well you communicated your message
(b) Creativity and Originality – use of humor, art, and story content
(c) Need – actual and extenuating circumstances that create the need for a new driveway
(d) Adherence to the entry requirements and rules.
Decisions of the judges are final. Potential winner will be notified between May 1, 2012 and June 15, 2012. Potential winner will be notified by mail, email, phone, or in person. The potential winner will be required to sign and return to Sponsor, within fourteen (14) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only one (1) alternate drawing will be held after which the applicable prize will remain un-awarded. Prize must be fulfilled by August 31, 2013.
8. PRIZE: ONE (1) GRAND PRIZE: $5,000 in the form of a credit towards installation of a residential driveway by Team Elmer’s. No Cash Value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depends on the number of eligible entries received during the Promotion Period.
9. WARRANTY, INDEMNITY AND RELEASE: By receipt of any prize, each entrant agrees to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final, to forever waive any rights to claim ambiguity with respect to these Official Rules and to forever and irrevocably release and hold harmless the Contest Entities, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s 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, and from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Released Parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the entrant’s entry, participation or inability to participate in the Contest, (b) typographical errors in these Official Rules or any Contest promotional materials, (c) acceptance, attendance at, participation in, travel related to, possession, defects in, use, misuse or inability to use a prize (or any component thereof), (d) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, (e) any interruptions in or postponement, cancellation, or modification of the Contest, (f) human error, (g) incorrect or inaccurate transcription, receipt or transmission of any part of the entry, (h) any technical malfunctions or unavailability of the Contest Site or any computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by any of the Contest Entities or by an entrant, (i) interruption or inability to access the Contest, the Contest Site or any other Contest-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (j) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries,(m) any wrongful, negligent, or unauthorized act or omission on the part of any of the Contest Entities, or any of their agents or employees, (n) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof). Prize winner hereby acknowledges that the Contest Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any component thereof.
10. INTELLECTUAL PROPERTY RIGHTS AND PUBLICITY: Except where prohibited, participation in the Contest constitutes winner’s’ consent to Sponsor’s and its agents’ use of winner’s’ name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media (now known or created in the future), worldwide, without further payment or consideration. As between Elmer’s Crane and Dozer, Inc. (Team Elmer’s) and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the essay and supporting materials (excluding Team Elmer’s rights in the Team Elmer’s logo/trademark and contest name). As a condition of entry, Entrant grants Elmer’s Crane and Dozer, Inc. (Team Elmer’s) a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the essay and supporting materials (video, photo, artwork, etc.) for any purpose, including display on the Team Elmer’s website and in any media (now known or created in the future), worldwide, without any attribution or compensation to Entrant. Entries will not be returned.
11. GENERAL CONDITIONS: Sponsor reserves 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 Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. 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; (e) late, lost, undeliverable, damaged or stolen mail; or (f) 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, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. DISPUTES: Except where prohibited, entrant agrees that: (a) any and all disputes whatsoever, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the 86th District Court of Grand Traverse County; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan.
14. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an essay into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Team Elmer’s, or the Contest Entities. Entrants acknowledge that they submitted their essay voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Team Elmer’s or the Contest Entities and that no such relationship is established by Entrant’s submission of an essay under these Rules.
15. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Michigan, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
16. ENTRANT'S PERSONAL INFORMATION: Information collected from entrants will not be sold to any third party. Entrant will be signed up for Team Elmer’s E-Newsletter which entrant may unsubscribe from at any time. Entrant may be contacted and receive a free residential asphalt estimate with no obligation to purchase.
17. WINNER LIST: Winner will be posted on www.TeamElmers.com once awarded.