HGTV – Smart Home 2017 – Win a Modern Southwest Retreat
HGTV® SMART HOME GIVEAWAY 2017
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 April 12, 2017 until 5:00 p.m. ET on June 2, 2017 (the “Sweepstakes Period”), you may enter the Home & Garden Television (“HGTV”) – HGTV Smart Home Giveaway 2017 sweepstakes (the “Sweepstakes”) in any of the following ways: (i) online, by visiting the HGTV website (www.hgtv.com) (the “HGTV Website”) and completing and submitting the online entry form (limit one (1) online entry, per valid email address, per eligible person per day); (ii) online, by visiting the DIY Network website (www.diynetwork.com) (the “DIY Network Website” and collectively with the HGTV 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: “HGTV Smart Home Giveaway 2017, PO Box 52226, Knoxville, TN 37950”. Entrants using US mail may enter as often as they wish. Mail-in entries must be postmarked by June 2, 2017 and received by June 9, 2017. 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 HGTV Smart Home Giveaway 2017 – Rules Request, PO Box 53445, Knoxville, TN 37950.
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 April 11, 2017, 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 Bassett Furniture Industries, Incorporated; Mercedes-Benz USA; Quicken Loans Inc.; Bush Brothers & Company; Daikin; Farmers Insurance®; The Gorilla Glue Company; HGTV HOMETM by Sherwin-Williams; SimpliSafe Inc.; Select Comfort Corporation; Kohler Co.; Church & Dwight Co., Inc.; Rinnai America Corporation; VELUX America LLC; Hunter Douglas; Legrand North America; Ply Gem Building Products, Ritway, Inc., Eagle Luxury Properties, Candelaria Design Associates, LLC, Tiffany Brooks Interiors, Inc., Scott Branscom, 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 June 13, 2017 (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, in writing, or in person via an “ambush style” visit by Sponsor representatives at the Grand Prize Winner’s home or other location between June 27 and July 12, 2017 (subject to change). The potential Grand Prize Winner may be filmed or otherwise recorded during such visit by Sponsor. Grand Prize Winner may also be required to travel to the HGTV Smart Home on “Winner Weekend” (currently scheduled for July 13-15, 2017, or other such dates to be determined by Sponsor in its sole discretion) at Sponsor’s expense. 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 not to produce or televise the HGTV Smart Home Giveaway 2017 winner special, to modify the proposed format of any such programming, and 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 in Scottsdale, AZ (the “HGTV Smart Home 2017”) that is featured in the “HGTV Smart Home 2017” special (including home furnishings, fixtures, artwork, and merchandise) (approximate retail value (“ARV”): $1,332,667; (ii) One Hundred Thousand Dollars ($100,000) (awarded in the form of electronic funds transfer) courtesy of Quicken Loans (the “Cash Prize”); (iii) a 2017 Mercedes-Benz GLE 550e 4MATIC® automobile (MSRP: $79,040) (the “Mercedes-Benz Prize”). Actual value of HGTV Smart Home 2017 depends on market fluctuations. All components (as applicable) of the HGTV Smart Home 2017 will be selected by Sponsor at its sole discretion. The HGTV Smart Home 2017 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 HGTV Smart Home 2017, 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 HGTV Smart Home 2017. For the automobile, the Grand Prize Winner is solely responsible for the taxes, registration, insurance (proof of which must be shown prior to the Grand Prize Winner taking possession of vehicle along with a valid U.S. driver’s license), license, pickup costs at the automobile dealership designated by Mercedes-Benz USA and any other option not included on the stated model. Mercedes-Benz USA shall make all necessary disclosures to all Federal, State and local taxing authorities regarding the Prize Vehicle. Regarding the prize vehicle, Mercedes-Benz USA makes no warranty other than that expressed in its new vehicle limited warranty, a printed copy of which shall be furnished with the prize vehicle, and to the fullest extent allowed under the law disclaims all implied warranties including, but not limited to, the implied warranties of fitness and merchantability. In lieu of taking title to the HGTV Smart Home 2017 (and the contents of the HGTV Smart Home 2017), the Grand Prize Winner will have the option of receiving $670,000 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 and the Mercedes-Benz Prize. If the Grand Prize Winner cannot take possession of the HGTV Smart Home 2017 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, Cash Prize, and the Mercedes-Benz Prize. Total ARV of Grand Prize is $1,511,707 if Grand Prize Winner takes title to the HGTV Smart Home 2017 or $849,040 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 July 31, 2017, you may obtain the name of the Grand Prize Winner by going to the HGTV Website (www.hgtv.com) or mailing a self-addressed stamped envelope to: HGTV Smart Home Giveaway 2017 – Winner’s List, PO Box 53445, Knoxville, TN 37950. Requests received after September 15, 2017 will not be honored.
Sponsor: Scripps Networks, LLC d/b/a Home & Garden Television, 9721 Sherrill Boulevard, Knoxville, TN 37932.
Sweepstakes Administrator: Ritway, Inc., 1463 E. Weisgarber Road, Knoxville, TN 37909.