Official Rules
November 8, 2010 – December 3, 2010
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void outside the WCAU terrestrial geographic viewing area and where prohibited. Mealey’s Houseful of Furniture Contest (“Contest”) begins on November 8, 2010 at 12:01 am ET and ends on December 3, 2010 at 11:59 pm ET (“Contest Period”). Entry into this Contest constitutes your acceptance of these Official Rules. The Contest will be run in conjunction with The 10! Show (the “Show”), which airs weekdays at 11:00 am ET on WCAU (“NBC10”). All times in this Contest refer to Eastern Time (“ET”). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located and reside in the WCAU terrestrial geographic viewing area in the counties of Berks, Lehigh, Northampton, Bucks, Montgomery, Chester, Delaware, and Philadelphia in the state of Pennsylvania; the counties of Burlington, Camden, Gloucester, Cape May, Atlantic, Salem, and Cumberland in the state of New Jersey; and the counties of New Castle and Kent in the state of Delaware, and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Period. Officers, directors, and employees of Contest Entities, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsors (as defined below), and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: To enter, access the Contest’s website at www.mealeysfurniture.com (“Website”), and click on the Contest icon. Follow the instructions provided to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (“Entry”). As part of the Entry, you will also be required to submit an essay of five hundred (500) words or less on the following theme: “Why Do You, Or Someone You Know, Deserve A Houseful Of Furniture?” (“Essay”). All Entries become the property of WCAU, located at 10 Monument Road, Bala Cynwyd, PA 19004, NBC Universal, Inc., located at 30 Rockefeller Plaza, New York, NY 10112, and Mealey’s Furniture, located at 908 W. Street Road, Warminster, PA 18974 (collectively, “Sponsors”), and will not be acknowledged or returned.
You must submit your Essay to enter and be eligible for the Contest. Your Essay must be original (that is, written by you), true and verifiable, typed legibly in the English language, and no more than five hundred (500) words in length. You must have the permission of any person that you nominate for a home makeover in the Essay and such person must meet the eligibility requirements outlined below. By entering the Contest, each contestant grants Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Essay and to incorporate the Essay in other works in any and all markets and media worldwide in perpetuity. Contestants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Essay will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Essay containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, may be rejected as ineligible for consideration. Entries and Essays must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Essay.
Entries must be received before 11:59 pm ET on December 3, 2010 to be eligible for the Contest. Limit one (1) entry per person per Contest Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason including, but not limited to, computer or network malfunction or congestion are void and will not be accepted. In case of a dispute over the identity of a contestant who submitted a potentially winning Entry, Sponsors reserve the right to deem that the Entry was submitted by the registered subscriber of the email address submitted at the time of Entry. Entry constitutes permission (except where prohibited by law) to use contestant's name, city, state, likeness, image and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission or approval.
SELECTION AND NOTIFICATION OF THE FINALISTS AND GRAND PRIZE WINNER: There will be two (2) rounds of judging: Round 1: Finalist Judging, and Round 2: Grand Prize Judging.
(A) Round 1: Finalist Judging. On or about December 7, 2010, a panel of qualified judges comprised of employees from Sponsors (“Finalist Judges”) will review the eligible Entries received during the Contest Period and select up to three (3) contestants (each a “Finalist”) based on the following judging criteria measured on a one hundred (100) point scale: Strength of Argument (fifty (50) points), Creativity (twenty (20) points) and Originality (thirty (30) points) (“Judging Criteria”). In the event of a tie, the Finalist Judges will break the tie by selecting the tied contestant who received the highest points from the Finalist Judges for Strength of the Argument as a potential Finalist. In the event a tie remains, the tied entries will be judged by an additional tie-breaking judge, appointed by Sponsors in their sole discretion, using the Judging Criteria (as defined below), to determine which of the tied contestants will be a potential Finalist. The selection and review process may occur on a rolling basis as Entries are received. Sponsors will make two (2) attempts to notify potential finalists at the phone number(s) and/or email address submitted at the time of entry. All potential Finalists will be required as a condition of continued eligibility to complete and sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. Each potential Finalist must agree to keep in strictest confidence and not to disclose to any person, including other contestants, or any other third party, any information whatsoever concerning the fact that they are potential Finalists. Sponsors reserve the right to pick fewer than three (3) Finalists or no Finalists or to extend the Contest Period, if in their sole discretion; they do not receive a sufficient number of eligible and qualified Entries.
(B) Round 2: Grand Prize Judging. On or about December 13, 2010, following the Round 1: Finalist Judging period, a panel of qualified judges (“Grand Prize Judges”) appointed by Sponsors at their sole discretion will review the eligible Finalists’ Entries received during the Contest Period and select one (1) potential grand prize winner (“Grand Prize Winner”) based on the same Judging Criteria. In the event of a tie, the Grand Prize Judges will break the tie by selecting the tied contestant who received the highest points from the Grand Prize Judges for Strength of the Argument as the potential Grand Prize Winner. In the event a tie remains, the tied entries will be judged by an additional tie-breaking judge, appointed by Sponsors in their sole discretion, using the Judging Criteria, to determine which of the tied Finalists will be the potential Grand Prize Winner. The contestant that receives the most points from the Grand Prize Judges based on the Judging Criteria will be deemed the Grand Prize Winner. The Grand Prize Winner will be announced on the Show on December 17, 2010 and will be awarded the Prize (defined below) subject to any additional eligibility verification required by Sponsors in their sole discretion. The potential Grand Prize Winner must agree to make himself or herself available and agree to appear live on the Show on December 22, 2010, if requested to do so by the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in his/her home, or in the broadcast studio in Bala Cynwyd, PA (or in another location selected by Sponsors in their sole discretion.) If potential Grand Prize Winner cannot be reached or if he/she is found to be ineligible, if he/she cannot or does not comply with the foregoing requirements and these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential Grand Prize Winner will be disqualified and Sponsors will award the prize to the runner-up Finalist with the next highest score based on the Judging Criteria.
The decisions of the Judges and Sponsors are final and binding. Contestants agree that Sponsors may record and broadcast Sponsors advising contestant that he/she has been selected as a Finalist and/or Grand Prize Winner in Sponsors’ sole discretion. Sponsors reserve the right to make public personal information about the contestants on-air, prior to, during, or following the Contest.
Sponsors will make two (2) attempts to notify potential Grand Prize Winner at the phone number and/or email address submitted at the time of Entry. Potential Grand Prize Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and at Sponsors’ sole discretion, the Prize may be awarded to the runner-up. Finalist with the next highest score based on the Judging Criteria. If potential Grand Prize Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her Prize or Prize notification is returned as undeliverable, potential Grand Prize Winner will be disqualified and, at Sponsors’ sole discretion, the Prize may be awarded to the runner-up Finalist with the next highest score based on the Judging Criteria.
PRIZE: There will be one (1) prize awarded (“Prize”) to the Grand Prize Winner. The Prize will consist of the following items:
One (1) Mirada bedroom set, consisting of one (1) Dresser/Mirror, one (1) Chest, one (1) Nightstand, and one (1) Queen bed;
One (1) Baxter dining room set, consisting of one (1) five (5) piece dining room set including (1) table and (4) side chairs, two (2) piece China cabinet and sideboard;
One (1) Big Dipper living room set, consisting of one (1) sofa, one (1) loveseat, one (1), and 3- piece table set; and
One (1) Premier Luxury bedding, consisting of one (1) Queen mattress and one (1) box spring.
Approximate retail value (“ARV”) of Prize not to exceed seven thousand five hundred dollars ($7500). Actual retail value may vary depending on types of products selected subject to Sponsors sole discretion. All Prize details including, but not limited to, model, quantity, colors and types of products will be determined by Sponsors in their sole discretion. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Grand Prize Winner will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of Prize for the calendar year in which Prize was awarded.
All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Grand Prize Winner. Prize cannot be transferred by Grand Prize Winner or redeemed for cash and is valid only for the items described above, with no substitution of Prize by Grand Prize Winner. Sponsors reserve the right to substitute a comparable prize or prize element of equal or greater value in their sole discretion. If Prize is unclaimed within a reasonable time as determined by Sponsors in their sole discretion, it will be forfeited and, at Sponsors’ sole discretion, the Prize may be awarded to the runner-up Finalist.
CONDITIONS: By entering the Contest, each contestant agrees for contestant and for contestant’s heirs, executors and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such contestant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of the Prize, or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties provided exclusively by the Prize supplier that may be sent along with the Prize; (c) if selected as the Grand Prize Winner, to the posting of such contestant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Contest itself, and to be bound by all actions of the Sponsors and Judges, whose decisions are binding and final. Failure to comply with these conditions may result in disqualification from the Contest.
ADDITIONAL TERMS: Sponsors reserve the right to terminate the Contest or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules. In the event of cancellation, modification or suspension, Sponsors reserve the right to select a Grand Prize Winner from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension, based upon the judging criteria described above. Notice of such cancellation, modification or suspension will be posted at Website. Sponsors may prohibit any contestant or potential contestant from participating in the Contest, if such contestant or potential contestant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other contestant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to contestants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any publicity, promotional, marketing, or advertising materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you, and the Contest Sponsor in connection with the Contest (if any), shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules (whether of the state of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York.
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Grand Prize Winner, available after December 28, 2010 visit Website or send a self-addressed, stamped envelope to be received by February 8, 2011 to: Houseful of Furniture Contest, attn: Brian Castelli, WCAU, 10 Monument Road, Bala Cynwyd, PA 19004.
