The David Bromstad Contest (“Contest”) may only be entered in or from the 50 United States, and the District of Columbia (collectively, the “Eligible Jurisdictions”) and entries originating from any other jurisdiction are not eligible for entry.
1. How to Enter. You can enter the Contest in two ways: (1) Go to Sponsor’s David Bromstad’s Color Personality Quiz application (“Application”), located at www.facebook.com/coriandesign (“Sponsor’s Page”), and follow the links and instructions to enter or (2) go to Sponsor’s website, located at http://buildinginnovations.us.dupont.com/your-true-colors (“Sponsor’s Website”), and follow the links and instructions to enter. To enter, read the Official Rules, complete the online entry form (including your name, mailing address, phone number, birth date and email address), upload your original essay of no more than five hundred (500) words describing your dream kitchen or bathroom and how David Bromstad can help you realize that dream (“Essay”) and click the “submit” button. All entry information and Essays shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria. Limit one (1) Submission per person/per email address.
You must be a registered user of Facebook and comply with the Statement of Rights and Responsibilities found at http://www.facebook.com/terms/#!/terms.php in order to enter the Contest. To the extent of any conflict between these Official Rules and the Facebook Statement of Rights and Responsibilities, these Official Rules will apply.
Entrant must comply with the terms of any additional websites (including Sponsor’s Website) that entrant must access in order to enter the Contest. To the extent of any conflict between any of these terms and these Official Rules, these Official Rules will apply.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation; (c) entrant has not submitted and will not submit the Submission in connection with any other contest or promotion; and (d) the Submission will not infringe on any rights of any third parties.
Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
All entrants must have a valid email address. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates. Contest entry period begins at 8:00 AM Eastern Time (“ET”) on August 21, 2013 and ends at 11:59 PM on October 26, 2013 (“Contest Period”).
3. Eligibility. Participation open only to legal residents of Eligible Jurisdictions, who are 21 or older as of date of entry. Void outside of the Eligible Jurisdictions, and where prohibited, taxed or restricted by law. Employees, officers and directors of DuPont (“Sponsor”) and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Contest if you are not located within the Eligible Jurisdictions. All federal, state and local laws and regulations apply.
4. Submission Guidelines and Content Restrictions: By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
The Submission must be through the online submission form provided through the Application and Sponsor’s Website.
The Submission must be in English.
Entrant has not entered and will not enter the Submission into any other contest or promotion;
Any Submission that includes any photography, drawings or graphic representation will be disqualified;
The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
The Submission must not disparage Sponsor, any other person or party affiliated with the promotion and administration of this Contest, or any of Sponsor’s competitors;
The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
5. Judging/Judging Criteria. Upon completion of the Contest Period, all Submissions will be judged by a panel of judges that have the required knowledge and experience to apply the judging criteria. All Submissions will be judged based on the following equally-weighted judging criteria (“Criteria”): (a) creativity, (b) enthusiasm and (c) originality of vision. Up to fifteen (15) Submissions with the highest scores will be selected as finalists. The judges may select less than fifteen (15) finalists in their sole discretion. In the event of a tie, the entrant with the highest creativity score will be deemed the finalist. All finalist Submissions will be judged by David Bromstad based on the Criteria. In the event of a tie, the finalist with the highest creativity score as determined by Bromstad will be deemed the potential winner.
6. Prize. One (1) Grand Prize winner will receive: a three (3) day/two (2) night trip to Los Angeles California for winner and a guest. Prize will include: (a) roundtrip economy-class air travel from the major gateway airport located nearest to winner’s residence to Los Angeles California; (b) standard single room occupancy hotel accommodations; (c) roundtrip ground transportation from the airport to the hotel; (d) a stipend of three hundred dollars ($300); (e) a discount of one thousand dollars ($1,000) off of DuPont™ Zodiaq® and Corian® raw materials only and not applicable for accessories (coupon terms and conditions apply) and (f) a one (1) hour in-person design consultation with David Bromstad in Los Angeles California, at a location to be determined by Sponsor in its sole discretion. Design consultation will not take place at the winner’s residence. Approximate retail value (“ARV”) of Grand Prize $8337.50. Prize is non-transferable. No substitutions or cash redemptions. In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value. All expenses not specifically listed herein are the responsibility of winner. Any and all federal, state and local taxes are the sole responsibility of the winner.
Taxes, meals, gratuities, travel upgrades, or any other expenses not specifically listed herein are the responsibility of the winner. Travel and accommodations subject to availability; certain restrictions and blackout dates may apply. Grand Prize winner must travel between January 6, 2014 and January 21, 2014 (or as otherwise specified by Sponsor) or prize will be forfeited and may be awarded to an alternate. Sponsor is not liable for delays, cancellation or unforeseen events related to the flights. Grand Prize winner will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize packages. If in the judgment of Sponsor, air travel is not required due to Grand Prize winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary depending on air flight fluctuations and distance between departure and destination. Winner will not receive difference (if any) between ARV and actual value.
If due to a printing, production or other error, more prizes are claimed than are intended to be awarded, the intended prize will be awarded in a random drawing from among all verified and validated prize claims received. No more than the stated number of prizes will be awarded.
Taxes and Tax Gross Up Payment: In addition to the prize awarded to the winner, such winner will also receive a single cash payment of $2,000.00 in the form of a corporate check which is intended to assist with any federal, state, or other tax obligations related to the Grand Prize (the “Tax Gross-Up Payment”). The Tax Gross-Up Payment is intended to assist with any federal, state, or other tax obligations related to the applicable prize. The Tax Gross-Up Payment may not be sufficient to cover the winner's entire tax liability related to winning the applicable prize. Sponsor will comply with all tax reporting requirements, including issuing a Form 1099-MISC to the winners.
7. Notification. On or about December 1, 2013, potential winner(s) will be notified by email, telephone and/or mail, at Sponsor’s discretion, and will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within seven (7) calendar days of prize notification. Additionally, winners may be required to obtain releases from any and all third parties appearing in their respective Submissions. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
8. Conditions. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Participation in Contest and/or acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, Facebook Inc., and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, (collectively, “Released Entities”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
9. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its 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 (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON 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 email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE APPLICATION, SPONSOR’S PAGE, SPONSOR’S WEBSITE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPLICATIONS ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
13. Name of Winner. To obtain a list of winners, send a self-addressed, stamped envelope by February 1, 2014 to: Janice Logan, DuPont Building Innovations, 974 Centre Road, CRP730-5360-2, P.O.Box 2915, Wilmington, DE 19805.
14. Sponsor. E.I du Pont de Nemours and Company; Building Innovations; 1007 Market Street, Wilmington, DE 19707.
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