NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The #sodomino competition (the “Contest”) is designed to encourage design enthusiasts (“Entrant(s)” or “You”) to showcase their homes they feel closely resemble the domino look. Judges will choose the winning entries, and prizes will be awarded in accordance with these Official Rules (the“Rules”).
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Domino Media Group with respect to the Contest.
2. ELIGIBILITY: To be eligible to enter the Contest, an Entrant must be over the age of 18. Minors who enter must have the written consent of a parent or legal guardian in order to be eligible to receive any prizes, as described in Section 8 of these Rules. Employees, interns, contractors, and official office-holders of Domino Media Group, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest.
3. CONTEST PERIOD: The Contest begins on October 6, 2014 12am Eastern Time (ET) Zone in the United States and ends on October 22, 2014, 11:59am Eastern Time (ET) Zone (“Contest Period”). All dates are subject to change.
4. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, a) hashtag a photo of your home on Instagram with #sodomino and #springcontest during the Contest Period or b) upload a photo on domino.com/sprincontest.
Domino Media Group is not responsible for any incorrect submitted entries made via the Instagram upload tool.
To submit an entry in hard-copy form, the entry must be mailed in an envelope to the domino offices – address listed below.
5. JUDGING: Each #sodomino submission will be evaluated by a judging panel and will be chosen based on their resemblance to the overall ‘domino’ look.
There will be two (2) levels of judging that will result in one finalist.
· Number of Finalists selected at this level: four (4)
· Each judge will select one (1) submission to advance forward in the Contest.
· Number of Winners Selected at this Level: one (1)
· The four (4) Level One finalists will be published on domino.com and the public will vote through a voting poll on the winner.
6. Tie-breaker: In the event of a tie at any level of judging, the judges will re-evaluate the tied #sodomino submissions until the tie is broken. The tied submissions will be put up for a re-vote amongst the judges at the respective level until the tie is broken.
Decisions of the judges and voting level are final and binding. If a potential winner is unable for whatever reason to accept his or her prize, then Domino Media Group reserves the right to award the prize to another entrant.
7. Notification of Finalists and Winners: Becoming a finalist is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a potential finalist or winner is disqualified for any reason, the submission that received the next highest total score will be chosen as the potential finalist or winner. The potential finalist(s) and winner(s) will be selected and notified by telephone and/or email, at Domino Media Group’s discretion. If a potential finalist/winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential finalist/winner may be disqualified and an alternate potential finalist/winner will be selected from among all eligible entries received. With respect to notification by telephone, such notification will be deemed given when the potential finalist/winner or potential finalist/winner’s parent or guardian engages in a live conversation with Domino Media Group or when a message is left on the potential finalist/winner’s voicemail service or answering machine by the Domino Media Group, whichever occurs first. Except where prohibited by law, each potential winner may be required to sign and return a Property Release and Subject Release and provide any additional information that may be required by Domino Media Group. If required, potential finalists/winners must return all such required documents via fax (or as otherwise instructed) within forty-eight (48) hours and via U.S. Mail within seven (7) days following attempted notification or such potential finalist/winner will be deemed to have forfeited the prize and another potential finalist/winner may be selected. In the event the potential finalist/winner is a minor, his or her parent or legal guardian must sign the documents and return them as described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Judges are final and binding.
8. PRIZES: The Winner will be considered for a photo shoot with the Domino Media Group editorial team and be considered for the Spring 2015 issue.
9. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Domino Media Group reserves the right to disqualify any Entrant from the Contest if, in Domino Media Group’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Domino Media Group, or the Judges.
10. INTELLECTUAL PROPERTY RIGHTS: As between Domino Media Group and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) As a condition of entry, Entrant grants Domino Media Group a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display photos from the shoot for any purpose, including display on the domino website, without any attribution or compensation to Entrant.
11. PRIVACY: Entrants agree and acknowledge that personal data submitted with an entry, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Domino Media Group and its affiliates for the purposes of conducting and administering the Contest. All personal information that is collected from Entrants are subject to Domino Media Group’s terms, located at: http://domino.com/about%20us/terms
12. PUBLICITY. By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by Domino Media Group at Domino Media Group’s expense and agree and consent to use of their name and/or likeness by Domino Media Group.
Photos from the shoot may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the photos. Domino Media Group reserves the right to publish the name and likeness of the Entrants, the Finalists and the Winner on the Contest Site or through other media for publicity purposes.
13. WARRANTY AND INDEMNITY: Entrants warrant that their home designs are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted photos and that they have the right to submit the photos in the Contest. Each Entrant agrees not to submit any photo that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Domino Media Group at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Domino Media Group from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any photo or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
14. ELIMINATION. Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
15. INTERNET AND DISCLAIMER. Domino Media Group is not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed photos or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s/consumer’s ability to participate/vote respectively. Domino Media Group is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Domino Media Group’s failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Domino Media Group reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Domino Media Group reserves the right to terminate that Entrant’s eligibility to participate in the Contest.
16. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Domino Media Group reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Domino Media Group further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Domino Media Group reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a photo into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Domino Media Group, or the Contest Entities. Entrants acknowledge that they submitted their photo voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Domino Media Group or the Contest Entities and that no such relationship is established by Entrant’s submission of a photo under these Rules.
18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the New York, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
19. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Domino Media Group of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the New York, New York, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
20. WINNER’S LIST: You may request a list of winners after January 1, 2015 by sending a self addressed stamped envelope to:
Domino Media Group Instagram Contest
39 W 38th Street, 8th Floor
New York, NY 10018 USA