TOMMY AWARDS CONTEST
OFFICIAL RULES
Promotion: The Tommy Awards Contest (“Contest”) is sponsored by This Old House Ventures, LLC, 262 Harbor Drive, Stamford, CT 06902 (“Sponsor”). The Contest starts at 12:00:01 PM Eastern Time (ET) on August 28, 2019 and ends at 11:59:59 PM ET on October 6, 2019 (“Contest Entry Period”).
Who may enter: Contest open to the legal residents of 46 United States and District of Columbia, excluding residents of Arizona, Iowa, Louisiana, and Maryland, and to residents of Canada, excluding the province of Quebec, who are 21 years of age or older and who are 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 or Canada only. All federal, state, provincial, and local laws and regulations apply. VOID TO RESIDENTS OF ARIZONA, IOWA, LOUISIANA, MARYLAND, AND QUEBEC AND WHERE OTHERWISE PROHIBITED BY LAW.
How to enter: During the Contest Entry Period go to www.thisoldhouse.com/tommy-awards-2019 and tell us about a home renovation or DIY 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 your email address, postal address where you reside, and phone number; a description of your Project, the approximate cost of your Project, and whether you did the project entirely yourself or were helped by a professional; and upload up to 4 photos (“Photos”) that feature your Project and be sure to showcase in the Photos aspects of the Project that you did yourself (“DIY Theme”). At least one Photo is required. You may also submit a link or URL to a video of your Project (“Video”) that is available on a public website (e.g., YouTube), although this is not required. The entry form, Photos, Video, 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 disqualify you from the Contest if it believes your Entry fails to conform. Your Entry must comply with the following and by entering you represent and warrant and agree that:
The Photos you submit or Video you provide us access to 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 or Video from anyone who has any rights to the Photo or Video (“Third Party Participants”), including the License contemplated for use of an Entry in accordance with these Official Rules;
- The Photos or Video do not depict any recognizable person for whom you have not received permission to post in this Contest;
- The Photos or Video do not depict any minor unless you are that minor’s parent or legal guardian;
- The Photos or Video do not depict more than five recognizable persons (e.g., no crowd scenes);
- The Photos or Video do not contain any third party copyrighted material, or prominent use of branded products, trademarks, or logos;
- The Photos or Video must not disparage Sponsor, or any other person or party affiliated with the Contest;
- The Photos or Video must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous;
- The Photos or Video 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 or Video must not contain material that is unlawful, in violation of, or contrary to any applicable laws or regulations.
- The Photos, Video 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 further agree to waive any moral rights you may have in the Entry in favor of the Sponsor and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement, or promotion of the Contest, 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:
This is a skill contest. The winners will be selected based on judging as outlined below. The odds of winning will depend on the number and caliber of eligible Entries received.
Round One: All Entries submitted will be judged by representative(s) of the Sponsor who are expert craftsperson(s) (individually and collectively, “Judges”) based on the following criteria: (1) Appropriateness to the DIY Theme (20%), (2) Originality (20%), (3) Production Value of Project as reflected in the Photos (and optional video, if applicable) (20%), (4) Caliber of work done by Entrant (40%) (collectively, “Judging Criteria”). In the event of a tie, the tying Entries will be re-judged based on Caliber of work done by Entrant (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 Judges 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 Caliber of work done by Entrant (100%). In the event of a further tie, the tying Semi-Finalist Entries will be re-judged by a different judge who is an expert craftsperson 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 October 21, 2019. Grand Prize Winner will be notified on or about November 14, 2019. Failure to respond to the initial notification within 3 business days after transmission may result in disqualification. All selected prize winners will be required to complete, sign, and return within 10 days of transmission, an Affidavit/Declaration of Eligibility, a Liability Release and Indemnification, and a Publicity Release, where allowed by law (“Release”). If a potential Semi-Finalist does not respond to the initial notification attempt within 3 business days after transmission as set forth above, or if Release is not returned by Semi-Finalists and 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. Semi-Finalists’ prizes will be sent to postal address provided on the entry form. 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”) = $30 USD ($40 CAD) and a Festool Vecturo OSC 18 cordless oscillator ARV = $500 USD ($666 CAD). Grand Prize Winner will also receive a walk-on cameo during the shooting of an episode of This Old House at the Cape Ann project house located in Manchester-by-the-Sea, Massachusetts in 1Q20 (“TV Show”) which will include travel and accommodations for winner and a guest for two nights (“Trip”). (Trip ARV = $1,200 USD [$1,599 CAD] based on a departure from Chicago, IL [ARV will vary depending on time and place of departure]; walk-on on the TV Show ARV = priceless.) Semi-Finalists and Grand Prize Winner are responsible for all local, state, provincial, 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. TV Show recording is subject to availability and scheduling and therefore walk-on is not guaranteed.
Trip Details: Trip includes round-trip coach/economy air transportation for two to and from a major commercial airport in the United States or Canada, near the winner’s primary residence and a location near Manchester-by-the-Sea, Massachusetts (“Location”), as determined by Sponsor (Sponsor reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Location); 2-nights hotel accommodations (one double occupancy room and room tax only); ground transportation to and from airport near the Location and the hotel chosen by Sponsor, and to and from the hotel and the set of the TV Show; and a per diem of $100 USD a day (for a total of $200 USD 200 [$267 CAD]) provided as a prepaid credit card to cover food and other expenses of the winner and traveling companion. All other expenses not specifically mentioned herein, including but not limited to, ground transportation, food, beverages, baggage fees, additional hotel amenities or fees and gratuities, are the responsibility of winner and traveling companion. If actual value of any prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded. Travel, hotel, and other accommodations subject to availability. Winner and traveling companion must travel on same itinerary. If selected prize winner is unable to travel on dates specified, tentatively scheduled for late February 2020, the selected prize winner will forfeit the prize and an alternative winner will be selected. Certain blackout dates and material restrictions may apply. If walk-on for the TV Show is not available for any reason, including delays in travel, changes to dates of recording, or otherwise, Sponsor’s sole responsibility will be to award the remaining elements of the prize. Dates and Location subject to change by Sponsor. Sponsor is not to be responsible for any cancellations, delays, diversions, or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels, or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Sponsor is not responsible for any loss or damage to baggage and/or personal property. All travel dates are subject to change in Sponsor’s sole discretion. Winner’s travel companion will also be required to sign a Release prior to travel. If the potential travel companion is a minor, the Release must be signed by that minor’s parent or legal guardian on the minor’s behalf. Travel companion must be over 18 or older or travel with a parent or legal guardian.
All prizes are non-transferrable and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. All fees, federal, state, provincial, local taxes, or other expenses relating to the use, acceptance, and possession of prize are the sole responsibility of the winner. For U.S. residents, an IRS Form 1099 will be filed in the name of the winner for the retail value of the prize awarded.
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 actions, regulations, orders, or requests by any governmental or quasi-governmental entity (whether or not such actions, regulations, orders or requests proves 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. For U.S. residents, any controversy or claim arising out of or relating to these Official Rules and/or the Contest (“Contest Claims”) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association pursuant to the United States Arbitration Act, 9 U.S.C. Sections 1 through 16. 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. For Canadian residents with any statutory claims, Contest Claims will be settled in a court of competent jurisdiction within Canada. 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 FOR U.S. RESIDENTS AND THE LAWS OF THE PROVINCE OF ONTARIO AND THE LAWS OF CANADA APPLICABLE THEREIN FOR CANADIAN RESIDENTS 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 or federal or provincial courts located in Toronto, Ontario. 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: This Old House 2019 Tommy Awards Winners List, 262 Harbor Drive, Stamford, CT 06902. Requests must be received no later than 60 days after the Contest ends.
Privacy: All information submitted by you as part of this Contest will be treated in accordance with Sponsor’s Privacy Policy (accessible from https://www.thisoldhouse.com/old-house-ventures-llc-privacy-policy). By participating in the Contest, Entrants hereby agree to Sponsor’s collection and usage of Entrant’s personal information in accordance with the Sponsor’s privacy policy and acknowledges that Entrant has read and accepted Sponsor’s privacy policy. In the event of any conflict between these Official Rules and the terms of Sponsor’s Privacy Policy, these Official Rules shall govern.
