50 Years, 50 Families Contest Official Rules
IMPORTANT NOTICE: ENTRIES THAT DO NOT MEET THE REQUIREMENTS SPECIFIED BELOW WILL BE DISQUALIFIED AND WILL NOT BE INCLUDED IN THE CONTEST.
THE CONTEST SHALL BE SUBJECT TO THESE OFFICIAL RULES, AND BY ENTERING, ALL PARTICIPANTS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST.
1. INTRODUCTION: The
50 Years, 50 Families Contest (the "Contest") is sponsored by R.H. Kuhn Co., Inc. ("Sponsor"), 2250 Roswell Drive, #1, Pittsburgh, PA 15205. The Contest is open to legal residents of the fifty (50) United States and the District of Columbia, eighteen (18) years of age or older as of entry date. Employees of Sponsor and its respective affiliates, parents, subsidiaries and advertising and promotion agencies involved with this Contest, and their immediate family members and/or those living in the same household are not eligible to participate. The Contest "Entry Period" begins 4/4/08 at 12:01:00 AM (EST) and ends 9/29/08 at 11:59:59 PM (EST). Two (2) recipients will be selected and contacted each week through the course of the program starting 4/4/08 and ending 9/2/08. This Contest is void where prohibited or restricted by law. Participation in this Contest is limited to the United States only. This Contest is intended for viewing in the United States only. Individuals located outside the United States are not authorized to participate. By entering, entrants agree that they have read and accept in full these "Official Rules," and will abide by and be bound by all terms of these Official Rules, and agree that the decisions of Sponsor are final and binding in all respects.
2. HOW TO SUBMIT A NOMINATION: Please note that self-nominations for the 50 Years, 50 Families program are not permitted. In order to enter, you must be nominated by a 3rd party.
Three ways to nominate: (1) During the Entry Period, go to
http://www.50years50families.com (the "Contest Site"), access the nomination form via the nominate tab and complete all required fields on the nomination form. The nomination essay may not exceed 250 words. As a condition of registration, you will be required to click where indicated to signify that you accept and agree to be bound by these Official Rules. Submissions made without acceptance of the Official Rules are ineligible for participation and will not be accepted.
(2) Nominations can also be submitted via mail. Download, print and complete the nomination form and Official Rules, which can be downloaded via a link at the bottom of the online nomination form. Send completed nomination form and signed Official Rules page to:
50 Years, 50 Families, PO Box 4588, Pittsburgh, PA 15205-9509.
(3) Nominations can also be submitted in-store. Pick up the nomination form and Official Rules page at any Roomful Express location. Complete the required fields on the nomination form, sign the Official Rules and place the completed materials in the
50 Years, 50 Families drop-box at any Roomful Express location.
Mailed and in-store entries must accept the Official Rules by signing the required sections. Entries must be postmarked by 9/2/08 to be eligible for selection. Nominations that are not selected will be kept on file for consideration each week until the end of the program. Your contact information will be used for the sole purpose of contacting you with regard to this promotion and will be destroyed after such use, unless you grant Sponsor permission to contact you on the registration page. Any information you provide may be seen by reviewing parties. Entries become the sole property of Sponsor and will not be returned. Sponsor will not verify receipt of entries. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which are void. Participants must pay normal Internet access and usage charges imposed by their on-line service, if submitting nomination online. Entrants also agree that their story has not been previously published or submitted in a contest of any kind.
Entrant must agree, where indicated on the electronic form, and sign, where indicated on the paper form, that entrant assigns to Sponsor all intellectual property rights to nominator's essay. Failure to assign all intellectual property rights to Sponsor may result in entrant's disqualification from the Contest. Under the assignment, all essays and all intellectual property rights in them become the exclusive property of Sponsor and none will be acknowledged or returned. Submitting an entry to this Contest constitutes nominator's irrevocable assignment, conveyance and transference to Sponsor of all right, title and interest in the essay, including, without limitation, all copyrights and other intellectual property rights. As owner, Sponsor shall have the exclusive right to copy, use, edit, adapt, broadcast, distribute, and publish any or all of the essays in whole or in part and may use them in any media without attribution or compensation to the entrant, his or her successors or assigns, or any other entity.
3. PRIZES: Fifty (50) winners in total will be selected for the program. The first 4 winners will be selected by a charity partner at their sole discretion without regard to nominations received. The remaining 46 winners will be chosen, 2 per week, based on nominations received via online, in-store and mail-in methods. Winners will receive a gift certificate from Roomful Express indicating the items to which it can be applied. The items to which the certificate can be applied will be based on the winner's furniture needs as outlined in the winning nomination essay. The certificate may be applied only to those items indicated in the essay/on the certificate. Prize may be valued up to $3,000. Gift certificates must be used in one transaction; credit may not be applied to future purchases. Gift certificates have no cash value. Sponsor and its agencies assume no responsibility/liability for damages, losses or injury resulting from acceptance or use of the prize.
4. SEMI-FINALIST SELECTION: Each week, nominations will be screened by representatives of the Sponsor to select 10-20 finalists based on the following criteria: demonstration of compelling need: 45%; Situation/circumstances which led to the nominee's need: 30%; demonstrated care and consideration by nominator in application materials: 25%. In the event of a tie, finalists will be chosen from the tied parties based 100% on demonstration of compelling need. Sponsor reserves the right to select fewer than 10 finalists in the event that fewer than 10 nominees clearly demonstrate the above-said judging criteria. The finalists will be selected by a panel of judges selected by Sponsor in its sole discretion.
5. FINAL JUDGING: Each week, the finalist nomination forms will be uploaded to an ftp site accessible by the judging panel. The panel will review the applications and score each nomination form on a scale of 1-10 (10 being the best, 1 being the worst) based on the following criteria: demonstration of compelling need: 45%; Situation/circumstances which led to the nominee's need: 30%; demonstrated care and consideration by nominator in application materials: 25%. Each judge's score will be added up to determine the nominee's total score. The two finalists with the highest overall scores will be named as winners. In the event of a tie, judges will re-score the applications of the tied parties. The party with the highest score based on the tie-breaking scores is the winner. The Contest will be judged by an independent panel of judges selected by Sponsor in its sole discretion.
6. SCREENING PROCESS: Two (2) winners will be selected each week based on the judges' scores. A screening process will then be initiated to review the background of the winners and confirm the legitimacy of the need detailed in the winners' nomination essays. The screening process will involve a background check and home visit to be performed by an independent case manager selected by the Sponsor in its sole discretion. Should the case manager determine that either of the selected winners' specified need was illegitimate, exaggerated or in any way fabricated, Sponsor reserves the right to disqualify the entry from consideration indefinitely. In the event that either of the winning entries is disqualified as a result of the screening process, that week's third-place entry will be selected as a winner and a screening process will be initiated on that nominee. This process will continue, in order, through the scored applications for that week until two winners are chosen and both pass the screening process. Sponsor reserves the right to select 1 or no winners for the week in the event that only 1 or none of the finalists passes the screening process.
7. RIGHT TO DISQUALIFY: Sponsor reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Contest any application that it believes is fabricated; contains inappropriate content; is not suitable for publication; or otherwise does not meet any other requirements in these Official Rules. Sponsor further reserves the right, in its sole and unfettered discretion, to disqualify at any time during the contest any mail-in or online entry that does not include a signature or other required verification indicating acceptance of the Official Rules.
8. NOMINATOR/WINNER NOTIFICATION: The nominators of winning entries will be notified once the winners are selected. The nominators will be notified via e-mail and phone. Sponsor will make 3 attempts to contact the nominator of the selected winner via phone within 48 hours from the time the winner selection is completed. Sponsor will also attempt to contact the selected winner. Sponsor will make 3 attempts to contact the winner via phone and email within 48 hours from the time the winner selection is completed. Inability to contact the nominator or winner within said time frame may result in disqualification and alternate selection based on finalist score order.
9. WINNER RESPONSIBILITIES: Each week, 1 of the 2 winners' stories will be selected and featured in a segment on KDKA news. When the winner is notified of their status a recipient, arrangements will be made to film the segment. The segment will be filmed in the winner's home and will detail their story as outlined in the winning entry essay. The winner will be required to comment on camera about the impact that being selected as a prize recipient in the
50 Years, 50 Families contest will have on their life. At the taping, the winner will receive a packet including a congratulatory letter, a Publicity Release form, W-9 form and instructions for obtaining and redeeming their gift certificate. The winner will be required to execute and return a Publicity Release form for all those appearing on camera to a Contest representative on-site. Failure to execute and return the Publicity Release form on-site or returning incomplete or modified documents on-site may result in the forfeiture of place as a Contest winner and, at Sponsor's discretion, a new winner may be notified.
The above mentioned forms will be mailed to the winner whose story is not featured on a KDKA News segment. Winners who receive their packet via mail will be required to execute and return the Publicity Release form and W-9 form within seven (7) days of date of issuance of notification. Failure to return all required documents, comply with these Official Rules or returning incomplete or modified documents within the deadline may result in the forfeiture of place as a Contest winner and, at Sponsor's discretion, a new winner may be notified. Signed execution of Publicity Release constitutes permission (except where prohibited by law) for Sponsor and its designees to use prize winners' names, addresses, likenesses, voices, statements, and entries (and any version thereof) for advertising, promotion, and publicity purposes worldwide, in any medium now known or hereafter created, without additional permission, compensation, or limitation.
10. LIABILITY: The Sponsor and its respective officers, directors, shareholders, employees, and agents, and any and all Internet servers and access provider(s) (collectively, the "Releasees") are not responsible for any incorrect, late, lost, or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online or e-mail systems, computer equipment, servers, providers, or software, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Contest; inability to access the Contest Site or any pages thereof; theft, tampering, destruction, unauthorized access to, or alteration of entries; data processing that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any Web site; or for any other errors or problems of any kind relating to or in connection with the Contest, whether computer, network, technical, printing, typographical, human, or otherwise or any combination thereof, including, without limitation, any errors or problems that may occur in connection with the administration of the Contest, the processing or judging of entries, or the announcement of the prizes, these Official Rules, or in any other Contest-related materials; and any typographical error in the printing of these Official Rules, administration of the sweepstakes or in the announcement of the sweepstakes prizes. Proof of submitting an entry is not considered proof of delivery or receipt. Illegible or incomplete entries and entries that do not meet all of the stated requirements for entry in the Contest will be disqualified. All entries become the property of the Sponsor and will not be returned. False and/or deceptive entries or acts shall render entrants ineligible. Materials provided by Sponsor at Contest Site are only to be used solely for the purposes of this Contest and cannot be used for any other purpose or use, unless authorized by entrant. By entering the Contest, entrants affirm that they have read and accepted these Official Rules.
11. GENERAL RULES: The Contest is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited by law. Sponsor and/or its designee reserves the right to conduct background checks on any Contest winner and to verify the accuracy or legitimacy for truthfulness of any information contained within the submitted entry. Each entrant releases Assignees from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Entrants also agree that Sponsor, its affiliated and subsidiary companies, licensees, designees, successors and assigns (collectively, "Assignees") shall have the right and permission to use, reproduce, copy, exhibit, display, print, distribute, publish and broadcast the name, city and state of residence, signature, voice, picture or other likeness, entry, and/or entry information of entrant in any manner or media now or hereafter known (including, without limitation, placing entrant's name, entry, and/or entry information onto the Sponsor's Web site or other site promoting this Contest) without further consideration or notification to or permission from entrant or any third party, except where prohibited by law. Entrants hereby assign all their right, title and interest in and to the submitted entry and other Contest elements to Assignees, in perpetuity throughout the universe.
Entrants release the Releasees from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death). Winners acknowledge that the aforementioned Releasees have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize. Entrants agree to indemnify and hold Releasees harmless from all claims, liabilities, damages and costs (including reasonable legal fees and court costs) arising from any breach by entrant of any warranty or agreement made by entrant herein, and/or any claim by any other party relating to Releasees' use of the entry.
If the prize cannot be awarded due to circumstances beyond control of the Sponsor or its designee, a substitute prize of comparable or greater retail value will be awarded at the discretion of the Sponsor. Releasees shall not be liable to prize winner or to any other person for failure to supply the prize or any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid); equipment failure; terrorist acts; earthquake; war; fire; flood; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Releasees' sole control.
If for any reason this Contest is not capable of running as planned or does not allow the proper playing of the Contest and processing of entries, per these rules, or if tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor's sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and void his or her entry) implicated in such action and/or to modify or terminate the Contest or further entry in this Contest, as Sponsor deems appropriate. If modification or termination of this Contest occurs, notification will be posted on the Contest Site and Sponsor may, at its discretion, select potential Contest winners from among all eligible, non-suspect entries received up to time of action. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY 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 AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering this contest, Entrant waives any right with respect to injunctive relief, any other equitable relief, and punitive, special, or consequential damages, including lost profits, with respect to any controversy, claim, or dispute arising from or related to this contest.
12. CHOICE OF LAW THESE OFFICIAL RULES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF PENNSYLVANIA WITHOUT REFERENCE TO PRINCIPLES OF CHOICE OF LAWS THEREOF OR OF ANY OTHER JURISDICTION.
13. ARBITRATION/WAIVER OF JURY TRIAL ANY CONTROVERSY, CLAIM, OR DISPUTE ARISING OUT OF OR RELATED TO THIS CONTEST OR THE INTERPRETATION, PERFORMANCE, OR BREACH OF ANY RULE OF THIS CONTEST, INCLUDING, BUT NOT LIMITED TO, ALLEGED VIOLATIONS OF STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHTS OR DUTIES, SHALL BE RESOLVED SOLELY AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1, ET. SEQ. Any such arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for such rules (the "Arbitration Rules"). The arbitration shall be conducted in the nearest JAMS office located in the entrant's state before a single neutral arbitrator selected by the parties or appointed in accordance with the Arbitration Rules. Notwithstanding the foregoing, the neutral arbitrator shall be retired judges or justices of any state or federal court admitted to practice law for a period of not less than ten years from the "commencement" of the arbitration, as defined by the Arbitration Rules. The decision of the arbitrator will be final and binding, and any award of the arbitrator may be entered in any court of competent jurisdiction. All controversies, claims, or disputes, including any representative claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis. Therefore, the entrant waives the right to file, participate in, or be a member of any class action lawsuit, representative action, or class arbitration. The arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any other representative capacity for others in the arbitration. It is an indispensable condition of the arbitration that there will be no class arbitration.
14. WINNER'S LIST: For names of winners, send a separate, stamped, self-addressed envelope to:
50 Years, 50 Families, PO Box 4588, Pittsburgh, PA 15205-9509, to be received by December 1, 2008.
Recipient Acknowledgement:
I have read and agree to be bound by the official rules of the
50 Years, 50 Families program.
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Signature Date
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Printed Name Date