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DIY NETWORK'S "AMERICA'S MOST DESPERATE LANDSCAPE" CASTING CALL 2012: OFFICIAL TERMS AND CONDITIONS
1. Promotion Period: "America's Most Desperate Landscape" Casting Call (the "Casting Call") commences at 9:00 a.m. ET on March 1, 2012, and ends at 5:00 p.m. ET on April 30, 2012 (the "Casting Call Entry Period").
2. To Enter: Log on to DIYnetwork.com (the "DIY Website") for details. Follow instructions and complete all of the requested information in the official Casting Call application (the "Application") and submit it on the DIY Website as indicated. Submissions (as defined below) must adhere to the specifications referred to below and on the DIY Website. These official rules are also available on the DIY Website or by writing to DIY Network's "America's Most Desperate Landscape 2012" - Rules Request, P.O. Box 51850, Knoxville, TN 37950.
3. Submission Requirements: Submissions for the Casting Call (each a "Submission" and together with the Application, an "Entry") must consist of either (i) an original video (no more than ten (10) minutes in duration) or (ii) photographs, that clearly demonstrate show why entrant ("Entrant") has "America's Most Desperate Landscape" and why Entrant deserves a landscape makeover from DIY network ("DIY"). Entrants may submit video and photographs in the same entry. Sponsor is looking for "desperate landscapes" and engaging personalities of those people, from homeowners to neighbors, who might appear in the Submission materials. Submissions must be sent online. No mail-in entries will be accepted. If Entrant is selected as a prospective Grand Prize Winner, Entrant will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor's instructions or such prospective Grand Prize Winner will be disqualified. Incomplete and/or late Entries will be disqualified. By entering the Casting Call, you are giving Sponsor consent to e-mail you to receive information related to the Casting Call and to the "America's Desperate Landscape" special program that Sponsor intends to air in or around [August] 2012. If you wish to withdraw your consent, please write to firstname.lastname@example.org and state that you would like to withdraw your consent to receive additional information as granted in the "America's Most Desperate Landscape Casting Call 2012."
Completed Entries that are created and received in accordance with the above-mentioned guidelines shall collectively be referred to herein as the "Eligible Entries". Submissions that are not the original work of the Entrant and/or illegible or incomplete forms will not be accepted. Sponsor reserves the right to reject any Entries that it deems, in its sole discretion, to violate any of the policies of the Sponsor's customary standards and practices. The Submission must not include: (a) content that violates any third party rights, including, but not limited to, copyrights or trademark rights; (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language that promotes alcohol, tobacco, or drug use; or (f) any other language that Sponsor determines is not reasonably related to the Promotion.
No responsibility is assumed for incorrect or inaccurate Entry information or by any human error which may occur in the processing of Entries to this Casting Call. Sponsor is not responsible for any problems or delays of any mail carrier or shipping company, malfunctions of any telephone network or lines, or any combination thereof. If, for any reason, the Casting Call is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Casting Call or if for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, delay, extend or suspend the Casting Call, or any portion thereof, due to any reason of a technical, creative or other nature. Should Sponsor choose to cancel, terminate, modify, delay, extend or suspend the Casting Call or portion(s) thereof, Sponsor reserves the right to disqualify Entrants without any further obligation or to select the Grand Prize Winner, in its sole discretion, from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification or suspension based on the judging criteria described below. Submissions and/or Eligible Entries that have been tampered with or altered are void. All entries become the property of Sponsor, and will not be acknowledged or returned.
4. Grand Prize Winner Notification: The Grand Prize Winner will be notified by phone and/or email on or about May 7, 2012. If the potential Grand Prize Winner is unreachable during the forty-eight (48) hours in which he or she is contacted or does not comply with these Official Rules, an alternate Grand Prize Winner will be selected from all remaining Eligible Entries based on the judging criteria described below. Sponsor's decisions are final on all matters relating to this Casting Call. The Grand Prize Winner will be required to execute an affidavit of eligibility. The Grand Prize Winner and all other participants (i.e., any guests approved by Sponsor) must sign a release of the Released Parties from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with the Casting Call or the use or acceptance of any prize or any portion thereof to be eligible for the prizes; and (b) where permitted, a promotional release granting the right to use his or her name and likeness in connection with audiovisual recording(s) for use in a television program (which Sponsor shall have the right to exploit in any and all media, whether invented now or in the future, throughout the universe in perpetuity without additional compensation, notification, consent or approval), and the advertising and publicity of such television program without additional compensation. Entry into this Casting Call constitutes the Grand Prize Winner's agreement to sign such release and agreement to cause all participants to execute such release if they are to be involved. The Grand Prize Winner agrees to indemnify the Released Parties for any and all claims brought by any participant who fails to execute Sponsor's standard appearance release. The Grand Prize Winner must also complete all legal documents (contracts, releases, etc.) and return them to Sponsor within forty-eight (48) hours after receipt of such documents. Noncompliance will result in disqualification of such Grand Prize Winner, and an alternate Grand Prize Winner may be selected from among all remaining eligible entries, at Sponsor's sole discretion. The receipt by the winner of any of the prize components of this Casting Call is conditioned upon compliance with any and all federal, state and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY ENTRANT (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION) WILL RESULT IN SUCH ENTRANT'S DISQUALIFICATION AS A PARTICIPANT AND SUCH ENTRANT'S PARTICIPATION WILL BE IMMEDIATELY TERMINATED.
5. Prizing: GRAND PRIZE: One (1) grand prize winner (the "Grand Prize Winner") will receive one (1) prize package consisting of a makeover of Grand Prize Winner's landscape (the "Grand Prize"). Approximate Retail Value ("ARV") of the Grand Prize is up to Twenty Thousand Dollars ($20,000.00) (actual value may vary depending on the landscape that will be the subject of the makeover). Any differences between stated ARV and actual ARV will not be awarded.
Total ARV of the Grand Prize: $20,000.00
Total ARV of all Prizes in the Casting Call: $20,000.00
The Grand Prize Winner will receive an IRS Form 1099 from Sponsor for the total ARV of the prize, as applicable, for the calendar year in which such prize was won. The specifics of all elements of the Casting Call are subject to change and shall be solely determined by Sponsor in its sole discretion, including but not limited to the makeover plan. Some restrictions may apply. All Federal, state and local taxes, and insurance costs, if any, related to the prize are the responsibility of the respective winner. No substitutions, cash redemptions, or transfers of the prize permitted, except by Sponsor who may substitute a prize of comparable or greater value at its sole discretion. By entering, all participants and Entrants release Sponsor, [Jay TV, Inc.], and their respective parent subsidiary, and affiliate companies, and each of their respective employees, officers, directors and shareholders, agents, advertising and promotion agencies, program sponsors, affiliated companies, partners and prize suppliers (collectively, the "Released Parties"), from and against any and all claims and damages arising in connection with each entrant's participation and/or entry in the Casting Call and/or their receipt or use of any prize awarded in the Casting Call, including any injury to person or property as a result of the makeover or other aspect of the Grand Prize. If the winner does not redeem the prize within a reasonable time after Sponsor awards it, such prize will be forfeited and Sponsor shall have no further obligation to winner. If a prize element is not available for any reason, as determined by Sponsor in its sole discretion, the remaining elements of the prize shall be awarded and shall constitute full satisfaction of Sponsor's prize obligation to winner and no additional compensation will be awarded.
6. Eligibility: Casting Call is open only to legal residents of the 50 United States or the District of Columbia, who are 21 years of age or older at time of entry. Void in Puerto Rico, the territories and possessions of the United States, and wherever prohibited or restricted by law. Entrants must be the owner of record of the home and land that would be the subject of the makeover and be able to provide evidence of such ownership if they are selected as a Grand Prize Winner. Sponsor reserves the right in its sole discretion to conduct a background check on any potential Grand Prize Winner, and to disqualify any person based on such background check if Sponsor determines in its sole discretion that allowing such potential winner to participate in the Casting Call might reflect negatively on Sponsor or the Casting Call. Casting Call is not open to employees and their immediate families and household members of the Released Parties.
7. Judging Criteria: After the Casting Call Entry Period, a panel of judges selected by Sponsor will evaluate all Submissions and select one Grand Prize Winner based on the following Judging Criteria: (i) Entrant's demonstrable need for landscape makeover (50%); and (ii) demonstration of Entrant's engaging and entertaining personality (50%). The odds of being selected depend on the number of Submissions received and the performance of each Entrant. All interpretations of the rules and decisions by Sponsor and the judges are final. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds or believes to be tampering with the entry process or the operation of the Casting Call; to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT/INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. THE REMEDY FOR ANY CLAIM HEREUNDER 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.
8. Winner's List: After May 21, 2012, you may obtain the name of the Grand Prize Winner by consulting the DIY Website or by mailing a self-addressed stamped envelope to: "DIY Network's Most Desperate Landscape Casting Call" - Winners' List, P.O. Box 51850, Knoxville, TN 37950". Requests received after October 31, 2012 will not be honored.