2 Days Bath “Bathtub Makeover” Contest
Official Rules
June 29, 2009 – July 31, 2009
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. The 2 Days Bath Bathtub Makeover Contest (“Contest”) begins on June 29, 2009 at 12 p.m. ET and ends on July 31, 2009 at 11:59 p.m. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). The Contest will be run in conjunction with The 10! Show (the “Show”), which airs weekdays at 11:00 a.m. ET on WCAU. Contest is subject to all applicable federal, state and local laws.
TO ENTER: To enter, access the WCAU website at www.nbcphiladelphia.com and search for the keywords “Bathtub Makeover.” Follow the instructions provided to complete and thereafter submit the entry form (“Entry”), which includes your name, address, telephone number, email address, and date of birth. As part of the Entry, You will be required to upload one (1) photo taken during the Contest Period of a bathtub in need of a makeover with all the damage clearly visible. The photo must not exceed one (1) megabyte (“MB”) in size, and must be submitted in the JPG file format. The photo cannot have been taken in a studio or by a professional photographer. Other than minor changes to lighting and coloring, the photo must not have been altered or edited in any manner that distorts the original photograph. You must have the permission of all persons appearing in your photo for you to submit your photo. You will also be required to submit a photo caption of fifty (50) words or less on the following theme: Why Do You, Or Someone You Know Deserve A Bathtub Makeover. All Entries become the property of WCAU, 10 Monument Road, Bala Cynwyd, PA 19004, NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, and 2 Days Bath, 6603 Governor Printz Blvd., Wilmington, DE 19809 (collectively, “Sponsors”), and will not be acknowledged or returned.
You must submit your photo and photo caption to enter and be eligible for the Contest. Your caption must be original (that is, written by you), true and verifiable, typed legibly in the English language, and no more than fifty (50) words in length. You must have the permission of any person that you nominate for a bathroom makeover. By entering the Contest, entrants each grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the photo and caption and to incorporate the photo and/or caption in other works in any and all markets and media worldwide in perpetuity. Entrants 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 their photo and/or caption 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 photo and/or caption 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. The bathtub must be an alcove (three-wall) bathtub, either steel or cast iron, and cannot be a stand-alone, clawfoot, fiberglass or china bathtub. Bathroom must be structurally sound. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the photo and/or caption.
Entries must be received before 11:59 p.m. ET on July 31, 2009, to be eligible for the Contest. All eligible Entries will be judged at the close of the Contest Period. You may enter only once during the 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 an entrant 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 entrant’s name, city, state, likeness, image and/or voice for purposes of advertising, promotion, and publicity without additional compensation, notification, permission or approval.
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 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, regardless of where they reside), 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, and their respective parent, subsidiary, and affiliate companies, administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
WINNER SELECTION AND NOTIFICATION: On or about August 3, 2009 one (1) potential winner will be chosen by a panel of qualified judges designated by Sponsors in their sole discretion (“Judges”) from all eligible Entries received, subject to verification of eligibility and compliance with the terms of these Official Rules. Winner will be announced on or about August 5, 2009. Judges will choose the winner based on the following judging criteria measured on a 100-point scale: creativity/originality (thirty (30) points), demonstration of compelling need for makeover (thrity-five (35) points), clarity of photo’s display of damaged areas (thrity-five (35) points). Sponsors reserve the right to extend the Contest Period or cancel the Contest, if they do not receive a sufficient number of eligible and qualified Entries. In the event of a tie, an additional, “tie-breaking” judge will determine the winner from such tied Entries using the judging criteria outlined above. In the event that the winning photo nominates a person who is not the entrant as deserving “a bathroom makeover,” the potential winner will be the nominee not the nominator, and such nominee must satisfy all applicable requirements of potential winner outlined in these Official Rules or prize may be awarded to the runner-up with the next highest score based on the judging criteria above, at Sponsors’ sole discretion. Sponsors’ and Judges’ decisions are final and binding on all matters relating to this Contest.
Contest Entities will make two (2) attempts to notify potential winner at the phone number and/or email address submitted at the time of Entry. Potential 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 with the next highest score based on the judging criteria above. If potential 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 winner will be disqualified and, at Sponsors’ sole discretion, the Prize may be awarded to the runner-up with the next highest score based on the judging criteria above.
PRIZE: There will be one (1) prize (“Prize”) awarded, which will consist of one (1) acrylic bathtub installation with one (1) wall system liner.
Approximate retail value (“ARV”) of Prize not to exceed five thousand dollars ($5000). Actual ARV may vary depending on types of products selected. Winner may choose the Prize from a selection of acrylic tubs and wall system liners determined by Sponsors in their 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 applied to renovating the tub area only. Prize will not include relocation of existing plumbing, replumbing of home and/or correcting plumbing or electrical upgrades. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Winner must be willing to perform installation within sixty (60) days of notification. Winner must grant 2 Days Bath access to perform the installation on the day scheduled. Prize is subject to certain terms and conditions as specified by issuer. All Prize details are at the sole discretion of Sponsors.
All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of winner. Prize cannot be transferred by winner or redeemed for cash and is valid only for the items described above, with no substitution of Prize by winner. Sponsors reserve the right to substitute a comparable Prize or Prize element in their sole discretion. If Prize is unclaimed, it will be forfeited and, at Sponsors’ sole discretion, the Prize may be awarded to the runner-up with the next highest score based on the judging criteria above.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’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 entrant’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 winner, to the posting of such entrant’s name on www.nbcphiladelphia.com 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 therein 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 at Sponsors’ sole discretion.
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 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 www.nbcphiladelphia.com. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, 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 entrants’ 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.
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 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 winner, available after August 5, 2009, visit www.nbcphiladelphia.com, or send a self-addressed, stamped envelope to be received by September 16, 2009 to:
Bathtub Makeover Contest,
Brian Castelli,
WCAU,
10 Monument Road,
Bala Cynwyd, PA 19004.
