TOMMY AWARDS CONTEST
Promotion: The Tommy Awards Contest (the "Contest") is sponsored by - saboteamos.info Ventures, LLC, 262 Harbor Drive, Stamford, CT 06902 ("Sponsor"). The Contest starts at 12:00:01 PM Eastern Time (ET) on April 3, 2018 and ends at 11:59:59 PM ET on May 9, 2018 ("Contest Entry Period").
Who may enter: Contest open only to the legal residents of 44 contiguous United States or District of Columbia, excluding residents of Alaska, Arizona, Hawaii, Iowa, Louisiana, and Maryland, who are 21 years of age or older and Insider Members at the time of entry. Employees, officers, and directors of Sponsor, and its parent companies, affiliates, subsidiaries, and any and all other companies associated with this Contest ("Contest Entities"), and members of their immediate families (spouse, parents, siblings, and children) or households are not eligible to participate. Contest is subject to the laws of the United States only. All federal, state and local laws and regulations apply. VOID TO RESIDENTS OF ALASKA, ARIZONA, HAWAII, IOWA, LOUISIANA AND MARYLAND AND WHERE OTHERWISE PROHIBITED BY LAW.
How to enter: During the Contest Entry Period go to and tell us about your best home renovation project which was completed in the last two years and completed in a home you currently reside in ("Project"). You must complete the entry form which will ask for contact information, including email and phone, a description of your Project, the approximate cost of your Project and whether you did the project yourself or were helped by a professional, and upload up to 4 before and after photos ("Photos") that feature your Project ("Theme"). The entry form, Photos and description of your Project are collectively an "Entry(ies)."
More than one Project can be submitted per person but duplicate Entries by the same person will be subject to disqualification. Entries generated by script, macro or other automated or mechanical means are void. In the event of a dispute, regarding any Entry, Sponsor reserves the right to disqualify any Entrant from the Contest. Each person posting an Entry is an Entrant. All Entries become the property of Sponsor and will not be acknowledged or returned.
Requirements of Entries: By posting your Project, you agree that it conforms to the guidelines and content restrictions below and that Sponsor, in its sole discretion, may remove your Photos and disqualify you from the Contest if it believes your Photos fail to conform. Your Entry must comply with the following and by entering you represent and warrant and agree that:
The Photos you submit are created by you and are not copied from any other copyrighted work and do not infringe upon the rights of any third party or you have received prior permission/consent to use the Photos from anyone who has any rights to the Photo ("Third Party Participants"), including the License contemplated for use of an Entry in accordance with these Official Rules;
- The Photos do not depict any recognizable person for whom you have not received permission to post in this Contest;
- The Photos do not depict any minor unless you are that minor’s parent or legal guardian;
- The Photos do not depict more than five recognizable persons (e.g., no crowd scenes);
- The Photos do not contain any third party copyrighted material, or prominent use of branded products, trademarks or logos;
- The Photos must not disparage Sponsor, or any other person or party affiliated with the Contest;
- The Photos must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Photos must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Photos must not contain material that is unlawful, in violation of or contrary to any applicable laws or regulations.
- The Photos or Project must not have been the subject of any prize or award of any kind.
License: Entrants retain ownership of the Entry they submit, however, by entering you grant Sponsor and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and the Contest all without further consent from or payment to you or any persons. The Entries, or any element thereof, may be published and posted online but you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of an Entry does not guarantee the Entry is a winner. You will hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in the Entry.
Selection of Winner:
Round One: All Entries submitted will be judged by Sponsor based on the following criteria: (1) Appropriateness to the Theme (20%), (2) Originality (20%), (3) Production Value of Renovation Project as reflected in the Photos (20%), (4) Work done by Entrant (10%), Appropriateness for recording on Ask - saboteamos.info television show (30%) (collectively, "Judging Criteria"). In the event of a tie, the tying Entries will be re-judged based on Appropriateness for recording on Ask - saboteamos.info television show (100%). In the event of a further tie, the tying Entries will be re-judged based on all of the Judging Criteria. The Entries with the top 6 scores will be the Semi-Finalists.
Round Two: All Semi-Finalist Entries will be re-judged by Sponsor based on the applicable Judging Criteria to determine the Grand Prize Winner based on the highest score. In the event of a tie, the tying Finalist Entries will be re-judged based on Appropriateness for recording on Ask - saboteamos.info television show (100%). In the event of a further tie, the tying Finalist Entries will be re-judged based on all of the Judging Criteria.
The decisions of the judges are final and binding on all matters relating to the Contest.
Winner Notification: Semi-Finalists will be notified by email and/or phone on or about May 23, 2018. Grand Prize Winner will be notified on or about June 6, 2018. Failure to respond to the initial notification within 3 business days after transmission may result in disqualification. Semi-Finalists' prizes will be sent to address provided on entry form. Grand Prize Winner will be required to complete, sign and return within 10 days of transmission, an Affidavit of Eligibility, a Liability Release and Indemnification, and a Publicity Release, where allowed by law ("Release"). If potential Semi-Finalists does not respond to the initial notification attempt within 3 business days after transmission as set forth above, if Release is not returned by Grand Prize Winner to Sponsor within the specified time period, if potential Semi-Finalists or potential Grand Prize Winner is found to be ineligible or otherwise not in compliance with these Official Rules, or does not accept the prize for any reason, the prize will be forfeited and the potential Semi-Finalist or potential Grand Prize Winner will be disqualified. If a potential Semi-Finalist or Grand Prize Winner is disqualified for any reason, the next runner up will be selected. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate Semi-Finalist or Grand Prize Winner, if any. Entry and acceptance of prize constitutes permission (except where prohibited by law) to use each Semi-Finalist's or Grand Prize Winner's name, prize won, hometown, and likeness for promotional purposes without further compensation.
Prizes: Each of the 6 Semi-Finalists will receive a bobble head of Tommy (Approximate retail value ("ARV") = $60) and a Festool power tool to be determined by Sponsor (ARV = $300). Grand Prize Winner will also receive a visit from Tom Silva and the Ask - saboteamos.info crew who will visit the winner’s home to record the winning Project for a potential short segment ("Segment"), at Sponsor's sole discretion, on an Ask - saboteamos.info television episode aired on PBS (ARV = priceless). Semi-Finalists and Grand Prize Winner are responsible for all local, state and federal taxes and fees, if any. Prizes are non-transferrable. No substitution or cash alternative for prizes are permitted, except in the sole discretion of the Sponsor. Visit from Tom Silva and crew and airing of Segment recorded is subject to availability and scheduling and is not guaranteed.
Conditions: Entrants on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns ("Releasing Parties"), release, defend and hold harmless the Contest Entities, and their respective employees, officers, directors and agents ("Released Parties"), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, 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 parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, 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 or use or misuse of any prize, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Contest materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to 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 such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual 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 any of the Contest Entities' control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Contest (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the information or any parts thereof), (j) any technical malfunctions or unavailability of any website, app, social media platform or any telephone network, computer system, online system, computer timing and/or dating mechanism, equipment, software, or Internet service provider, (k) interruption or inability to access the Contest, any website, app, social media platform or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to Entrant's (or any third person's) hardware and/or its contents related to or resulting from any part of the Contest, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of Sponsor, or any of its agents or employees, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of Entrant's personally identifiable information by Sponsor or its designees, or (r) the negligence or willful misconduct by Entrant. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules and terminate the Contest if it becomes technically corrupted (including if a virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select the Semi-Finalists or Grand Prize Winner from among all eligible Entries received prior to termination. Sponsor does not make, nor are in any manner responsible for any warranty or representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of any merchandise prize except that such prize shall be subject to manufacturer’s standard warranty. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of an Entry, Sponsor reserves the right to disqualify the Entry. By participating, Entrant acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in an Entry which is otherwise not protected by law or was previously known to Sponsor or developed by their respective employees, or obtained from sources other than the Entrant. If fewer qualified Entries are received than the stated number of Semi-Finalists, Sponsor may name a fewer number of winners or cancel the Contest in its sole discretion.
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 Connecticut. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT 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 the state of Connecticut. The parties agree not to raise the defense of forum non conveniens.
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 ACCESS TO AND/OR USE OF ANY SITES OR APPS ASSOCIATED WITH THE CONTEST AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES OR APPS ASSOCIATED WITH THE CONTEST. 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.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING ATTORNEY FEES, TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH PROVISION.
Winner's list: For the names of the winners (which will be available within 30 days after the Contest ends), mail a self-addressed, envelope to: no later than 60 days after the Contest ends.