DIY Network Ultimate Retreat 2018 Sweepstakes Rules
The following promotion is intended for viewing in the United States and D.C. only (including territories, possessions, and commonwealths) and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the U.S. or D.C., 21 years or older, and accessing this site in the United States, its territories, possessions, or commonwealths.
DIY NETWORK® ULTIMATE RETREAT™ GIVEAWAY 2018
OFFICIAL RULES – NO PURCHASE OR ONLINE ENTRY NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on August 6, 2018 until 5:00 p.m. ET on September 26, 2018 (the “Sweepstakes Period”), you may enter the DIY Network (“DIY Network”) – DIY Network Ultimate Retreat Giveaway 2018 sweepstakes (the “Sweepstakes”) in any of the following ways: (i) online, by visiting the DIY Network website (www.diynetwork.com) (the “DIY Network Website”) and completing and submitting the online entry form (limit one (1) online entry, per valid email address, per eligible person per day For purposes of this Promotion, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET unless specified otherwise); (ii) online, by visiting the HGTV website (www.HGTV.com) (the “HGTV Website” and collectively with the DIY Network Website, the “Websites”) and completing and submitting the online entry form (limit one (1) online entry, per valid email address, per eligible person per day); and/or (iii) by mail, by hand printing your name, complete address, phone number (including area code) and date of birth either on a postcard or on a separate piece of paper no larger than 8½ x 11 inches, and mailing the postcard or paper in an envelope with the proper postage affixed to: “DIY Network Ultimate Retreat Giveaway 2018, PO Box 52226 Knoxville, TN 37950”. Entrants using US mail may enter as often as they wish. Mail-in entries must be postmarked by September 26, 2018 and received by October 3, 2018. Limit one (1) entry per stamped envelope. Mechanically reproduced or pre-printed mailing labels or entries generated by script, macro or other automated or mechanical means and entries by any means which subvert the entry process will not be accepted. Mechanical stamping machines are acceptable. Incorrect, illegible, corrupt, and incomplete entries are void. These official rules are also available at the Websites or by writing to DIY Network Ultimate Retreat Giveaway 2018 - Rules Request, PO Box 52151, Knoxville, TN 37950.
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Eligibility: This Sweepstakes is open only to legal residents of the U.S. and its territories, possessions and commonwealths who are 21 years of age or older as of August 5, 2018, except employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses regardless of where they reside) of Sponsor and The Sherwin-Williams Company; Lumber Liquidators, Inc.; Quicken Loans Inc.; Mitsubishi Electric Cooling & Heating; Cabinets To Go; James Hardie Building Products; La-Z-Boy Incorporated; Kohler; Ritway, Inc.; Iezzi Custom Homes, Inc.; Elizabeth Demos; Dylan Eastman, Consulting & Design Solutions, LLC, and any other participating parties and each of their respective parent companies, subsidiaries, dealerships, and affiliates, and their advertising and promotion agencies and all local sponsors and all other participating parties (collectively, the “Participating Parties”), are not eligible to enter or win the Grand Prize. Sponsor reserves the right to conduct a background check on any potential Grand Prize Winner (as defined below) and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such potential Grand Prize Winner might reflect negatively on Sponsor or any of the Participating Parties. By entering, all participants and/or entrants agree to release the Released Parties from and against all claims and damages arising in connection with each entrant’s participation and/or entry in the Sweepstakes and/or his/her receipt or use of any element of the Grand Prize awarded in this Sweepstakes including any injury or harm resulting from or any travel or activity related thereto. Any and all warranties and guarantees with respect to any prize element are subject to the respective manufacturer’s terms. This Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void outside the U.S. and its territories, possessions, and commonwealths and where prohibited by law.
How the Grand Prize Winner will be Determined
Grand Prize: One (1) potential grand prize winner (“Grand Prize Winner”) will be chosen by Sponsor in a random drawing from among all eligible entries received during the entire Sweepstakes Period on or about October 8, 2018 (the “Grand Prize Drawing”) by Ritway, Inc., an independent judging organization (“Sweepstakes Administrator”). Sponsor anticipates that the potential Grand Prize Winner will be contacted either by phone, e-mail from the email address email@example.com, or in writing, between October 22 and November 5, 2018 (subject to change).. The Grand Prize Winner will be required to execute an affidavit of eligibility, a non-disclosure agreement, and release of liability and publicity (where permitted by law), and return same, fully-executed, within five (5) business days of date of issuance of prize notification. If Sponsor is unable to contact the potential Grand Prize Winner within five (5) business days of the initial attempt, if the potential Grand Prize Winner fails to return all requested forms fully-executed by the specified date, or if the potential Grand Prize Winner fails to comply with these Official Rules, including traveling on the dates and times required by Sponsor, his/her place as a possible Grand Prize Winner will be forfeited at Sponsor’s discretion, and an alternate Grand Prize Winner shall be selected. Sponsor reserves the right to select the winner in a random drawing format that shall be determined by Sponsor.
Prize Terms: Sponsor and Sweepstakes Administrator’s decisions with respect to the Grand Prize Winner and other matters pertaining to the Sweepstakes shall be final and binding. By entering into the Sweepstakes, each entrant consents to the use by Sponsor and Participating Parties and their designees of entrant’s name, photograph, likeness, biography, voice, performance and/or video for advertising and promotional purposes including Participating Parties’ content in any and all media (including online announcements) now or hereafter known, throughout the universe in perpetuity without additional compensation, notification or permission, except where prohibited by law. In addition, participants in any of Sponsor’s on-air presentations will be required to sign any agreements and releases designed by Sponsor with respect to their services and performances. The rights include on-location or studio-based on-air camera appearances, footage created when the potential Grand Prize Winner is contacted, and any photographs, videos, or other materials provided by Grand Prize Winner to Sponsor.
General Conditions: Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bug, unauthorized intervention, fraud, or technical difficulties or other failures compromise, corrupt, or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Website. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event of a dispute as to the identity of the potential Grand Prize Winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Such Authorized account holder will be required to comply with these Official Rules.
Grand Prize: One (1) Grand Prize Winner shall win the Grand Prize, which consists of: (i) the home located near Sapphire, NC (the “DIY Network Ultimate Retreat 2018”) that is featured in the “DIY Network Ultimate Retreat 2018” special (including home furnishings, fixtures, artwork, and merchandise) (approximate retail value (“ARV”): $778,630; (ii) Fifty Thousand Dollars ($50,000) (awarded in the form of electronic funds transfer) courtesy of Quicken Loans (the “Cash Prize”). Actual value of DIY Network Ultimate Retreat 2018 depends on market fluctuations. All components (as applicable) of the DIY Network Ultimate Retreat 2018 will be selected by Sponsor at its sole discretion. The DIY Network Ultimate Retreat 2018 shall be conveyed to the Grand Prize Winner without representations or warranties, express or implied, other than those, if any, provided by the contractor (“Contractor”) whom Sponsor has commissioned to remodel the DIY Network Ultimate Retreat 2018, and any applicable manufacturers’ warranties. Real estate transfer taxes, deed recording charges, closing costs, current and future real estate taxes, title insurance, homeowner’s hazard and liability insurance, and all other taxes, costs, fees, and expenses related to the purchase, receipt, ownership and maintenance of the house shall be the responsibility of the Grand Prize Winner commencing as of the date the Grand Prize Winner accepts the Grand Prize. The Released Parties shall not be responsible for construction delays and condition of title to home shall otherwise be as set forth in the agreement to transfer ownership of the DIY Network Ultimate Retreat 2018. In lieu of taking title to the DIY Network Ultimate Retreat 2018 (and the contents of the DIY Network Ultimate Retreat 2018), the Grand Prize Winner will have the option of receiving $400,000 in cash (the “Cash Option”). If Grand Prize Winner elects to take the Cash Option, the Grand Prize winner will still receive the Cash Prize. If the Grand Prize Winner cannot take possession of the DIY Network Ultimate Retreat 2018 due to a force majeure event, failure of construction, or any other reason as determined by Sponsor in its sole discretion, Grand Prize Winner shall receive the Cash Option and Cash Prize. Total ARV of Grand Prize is $828,630 if Grand Prize Winner takes title to the DIY Network Ultimate Retreat 2018 or $450,000 if Grand Prize Winner selects the Cash Option in lieu.
General Prize Conditions: All costs, taxes, fees, and expenses associated with a prize or the acceptance and use of any element of a prize not specifically addressed above are the sole responsibility of the winner. All federal, state, and local taxes on prize are winner’s responsibility. The Grand Prize Winner will be issued a 1099 tax form for the ARV of the prize. The specifics of all aforementioned elements of any prizes in the Sweepstakes shall be solely determined by Sponsor. Some restrictions may apply. Prizes cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any prize, or portions thereof, with a prize of comparable or greater value, at its sole discretion. The Grand Prize will be awarded.
Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Tennessee. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Knox County, Tennessee, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Tennessee. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU (AND YOUR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
Winner’s List: Beginning on or about November 20, 2018, you may obtain the name of the Grand Prize Winner by going to the DIY Network Website (www.diynetwork.com) or mailing a self-addressed stamped envelope to: DIY Network Ultimate Retreat Giveaway 2018 – Winner’s List, PO Box 52151, Knoxville, TN 37950. Requests received after December 31, 2018 will not be honored.
Sponsor: Scripps Networks, LLC d/b/a DIY Network, 9721 Sherrill Boulevard, Knoxville, TN 37932.
Sweepstakes Administrator: Ritway, Inc., 1463 E. Weisgarber Road, Knoxville, TN 37909.