10/29 HOLIDAY CRAFT SALE
Martha Stewart Living Omnimedia, Inc.
Martha Stewart Crafts™ Blog Holiday Craft Sale Contest
October 29, 2010
Martha Stewart Crafts™ Blog Holiday Craft Sale Contest
NO SUBSCRIPTION, PURCHASE OR ONLINE ENTRY REQUIRED TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
These Official Rules apply for the Martha Stewart Crafts™ Blog Holiday Craft Sale” Contest (“Contest”) conducted by Martha Stewart Living Omnimedia, Inc., 601 West 26th Street, 9th Floor, New York, NY 10001 (“Sponsor”) and promoted at http://www.thecraftsdept.marthastewart.com (“Website”). The Contest will start at 12:00:00 PM Eastern Daylight Savings Time (“EDT”) on October 29, 2010 and will end at 12:00 Noon EDT on November 5, 2010 (“Promotion Period”). By entering this Contest, you agree to the Terms in these Official Rules.
1. CONTEST ENTRANTS AND PRIZE RECIPIENTS MUST BE BOTH (A) LEGAL RESIDENTS OF ONE OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA, AND (B) AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID WHERE PROHIBITED BY LAW. CONTEST SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees of Sponsor and its respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively, the “Related Entities”), and their immediate families are not eligible.
2. HOW TO ENTER. Via the Internet (“Online Entries”): Prepare an e-mail with “Martha Stewart Crafts Blog Holiday Craft Sale Contest” in the subject line and your complete name, address including zip code, daytime and evening telephone numbers including area codes in the body of the e-mail followed by an essay of 250 words of less describing your business and what you plan to sell at the 2010 Martha Stewart Crafts™ Holiday Craft Sale and send the e-mail to email@example.com. Online Entries must be received by 12:00 Noon EDT on November 5, 2010. All essays must be prepared and submitted in the English language. Limit one (1) Online Entry per household during the Promotion Period. Submission of complete Online Entries (each an “Entry” and collectively the “Entries”) constitutes your consent to participate in this Contest and your consent for Sponsor to obtain and deliver your name, address and other information to the prize partner(s) for the purpose of administering this Contest and for other uses by Sponsor as permitted by applicable law. With respect to Online Entries, Sponsor is not responsible for computer system, phone line, technical, hardware, software, or program failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections that are human or technical in nature. Use of automated devices is not valid for entry. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of the Entries in this Contest. Incomplete, unreadable, inaccurate, unintelligible or late Entries or Entries which otherwise do not comply with these Official Rules will be disqualified. All Entries, upon submission, become the property of the Sponsor and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor’s discretion. Sponsor reserves the right to, in its sole discretion, cancel, modify or suspend the online portion of this Contest (or the entire Contest) should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Contest, at which time, the judging of Entries will be conducted as described below in Paragraph #3. By submitting an Entry, you grant Sponsor and its affiliates and subsidiaries the royalty-free right to use, re-use, copy, publish, republish, broadcast, re-broadcast, in whole or in part, edit, modify, rearrange, or otherwise exploit your Entry and any materials based thereon or derived therefrom, in any manner, for any lawful purposes whatsoever, including but not limited to, on the internet and for any advertising and promotional purposes in any medium (whether now or hereafter known) throughout the world, in perpetuity, without further permission, consideration, or payment, unless prohibited by law. By submitting an Entry, you warrant and represent that the Entry is original and was created solely by you, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the opinion of the judges and/or Sponsor and/or at the sole discretion of the Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, illegible, incomplete, or irregular in any way, or otherwise does not comply with the Official Rules, the Sponsor may disqualify the Entry. Sponsor is not responsible for Entries that are processed late or incorrectly or those that are lost or damaged due to computer or electronic malfunction or other error. This Contest may be cancelled in the event an insufficient number of qualified Entries are received that do not meet the minimum standards established by the judges.
3. JUDGING CRITERIA: Up to five (5) finalists (“Finalists”) will be selected based on the following criteria: Originality of Entry (0-25 points); Relevance of the proposed sale item to the to the Martha Stewart Crafts™ Holiday Craft Sale: (0-25 points); Human Interest aspect of the Entry to Martha Stewart Crafts™ crafting department (0-25 points); and Grammar (0-25 points). The five (5) Finalists will be posted at www.thecraftsdept.marthastewart.com between 6:00 PM EDT on November 5, 2010 and 12:00 Noon Eastern Standard Time (“EST”) on November 12, 2010 for an online poll whereby participants will be asked to cast their votes on the basis of personal favorites. The poll results will be tallied after 12:00 Noon EST on November 12, 2010 and the three (3) Finalists with the highest number of votes will be deemed the prize winners (hereinafter, the “Prize Winners”). Prize Winners will be notified by e-mail or by telephone on or around November 15, 2010. Participants agree that the decisions of Sponsor related to the Contest are final. If a Prize Winner notification or a prize is returned as undeliverable, a Prize Winner is ineligible, or a Prize Winner declines a prize, the prize will be awarded to the next highest scoring Entry. Sponsor’s decisions on all matters relating to this Contest are final and binding in all respects pertaining to this Contest. All prizes will be awarded provided a sufficient number of eligible Entries are received. Limit one (1) prize per household.
4. THREE (3) PRIZES: Each prize consists of one (1) table at the Martha Stewart Crafts™ Holiday Craft Sale to be held on December 4, 2010 between 12:00 Noon EST and 6:00 PM EST at the offices of Martha Stewart Living Omnimedia, located in the Starrett-Lehigh Building, 601 West 26th Street (between Eleventh and Twelfth Avenues), 9th Floor, New York, NY. The approximate retail value of each Prize: $100. Total approximate retail value of all Prizes: $300. All expenses and costs associated with the acceptance and use of prizes are the sole responsibility of the Prize Winners. Prize Winners will be solely responsible for all federal, state and local taxes on prizes. No cash substitution, assignment, or transfer of any prize permitted. Prize Winners are solely responsible for any and all air transportation, ground transportation, and other transportation to and from the Martha Stewart Crafts™ Holiday Craft Sale, as well as any required accommodation and other expenses. In the event a prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value.
5. CLAIMING PRIZES/RELEASES: Prize Winners may be required to execute and return an affidavit of eligibility and a liability and publicity release (unless prohibited by law) to Sponsor within fourteen (14) days of notification. If a selected potential Prize Winner fails to comply with the Official Rules and/or to submit any required documentation within the designated period, Prize Winner will be disqualified and the prize will be awarded to the next highest scoring Entry. Sponsor is not responsible for fraudulent calls or e-mails made to entrants not by the Sponsor.
6. INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHERREMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning Entry will be declared made by the “Authorized Account Holder” of the e-mail address at time of Entry. “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization
(e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide
Sponsor with proof that such party is the authorized account holder of the e-mail account associated with the Entry.
7. GENERAL: By entering this Contest, entrants and Prize Winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Related Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Contest, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of their names, voices, pictures, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law, and (4) acknowledged that Sponsor and Related Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may discontinue this Contest at any time. Sponsor may terminate any Contest or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Contest’s’ security and fairness. Sponsor may prohibit individuals from participating in Contest and disqualify Entries if they (1) attempt to enter the Contest through any means other than as described in these Official Rules, (2) attempt to disrupt the Contest or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Contest Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor’s decisions with respect to the Contest are final.
8. LIABILITY & RELEASE: By participating in this Contest, entrants and winners agree to release and hold harmless Sponsor from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or entrants receipt, acceptance, use &/or enjoyment of any prize, including but not limited to travel and lodging portions of any prize. In no event shall the Sponsor be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. By accepting the prize, winner (i) accepts the inherent degree of risk associated with that prize, including personal injury and/or death, (ii) acknowledges that his/her receipt of any service and/or prize is voluntary, (iii) acknowledges that there are natural factors and occurrences which may impact on or affect the safety of the activities he/she is participating in and that he/she assumes the risk of such factors and occurrences, and (iv) agrees that the Sponsor shall not be in any way responsible for any resulting injury, disfigurement and/or death. The Winner is solely responsible for advising any service providers relevant medical conditions. Sponsor reserves the right to correct typographic, clerical or printing errors in any Contest materials. Sponsor is not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of Prize Winner(s), including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event) Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, Sponsor reserves the right, but shall have no obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure event.
10. WINNERS LIST: To obtain a list of Prize Winners, (available after November 30, 2010>, or a copy of the Official Rules, send a self-addressed, stamped #10 envelope to be received by February 10, 2011 to: Martha Stewart Crafts™ Blog Holiday Craft Sale Contest, The Crafts Dept., Martha Stewart Living Omnimedia, Attn: Stephanie Hung, 601 West 26th Street, New York, NY 10001. Please specify "Official Rules" or "Winners List".
11. HAVE A QUESTION? Visit our website and e-mail us at www.thecraftsdept.marthastewartcom or write us at The Crafts Dept, Martha Stewart Living, 601 West 26th Street, 9th Floor, New York, NY 10001.
NATURE OF SPONSOR’S BUSINESS: Media and Merchandising.
Copyright © 2010, Martha Stewart Living Omnimedia, Inc. All rights reserved.