WEST ELM – $5000 ROOM REDO CONTEST – Win one (1) $5000 west elm gift card
THE $5,000 ROOM REDO CONTEST TERMS & CONDITIONS
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED
SPONSOR: The sponsor of the Contest is Williams-Sonoma, Inc., on behalf of its brand west elm (“Sponsor”), 3250 Van Ness Ave, San Francisco, CA 94109.
PROMOTION PERIOD: The Promotion begins at 12:00:00 a.m. EST on February 15, 2018 and ends at 11:59:59 p.m. EST on March 12, 2018 (“End Date”).
ELIGIBILITY: The Promotion is open only to residents of the 50 United States of America or the District of Columbia who are 18 years old or older at time of entry. Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities’ affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Promotion (collectively, the “Promotion Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Promotion.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters the Promotion represents and warrants as follows: (a) the Submission is the entrant’s own original, previously unpublished, and previously unpublished work; (b) the Submission does not contain any harmful computer code and is not otherwise corrupted; (c) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (d) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (e) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or obscene. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of entrant hereunder.
GRANT OF RIGHTS: By making a Submission in connection with the Promotion, each entrant into the Promotion hereby (a) irrevocably grants to Sponsor and its affiliates, and their respective successors and assigns, a non-exclusive, transferable, fully-paid, royalty-free, worldwide, perpetual, license, including the unlimited right to sublicense, to use, copy, edit, modify, alter, transcode, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute the Submission by means of any and all media and devices whether now known or hereafter devised, including, without limitation, on the Website; and (b) agrees to assign all right, title, and interest in and to their Submission to Sponsor if such Submission is selected as a winning Submission; and (c) agrees to execute all further documents respecting the Submission requested by Sponsor, including any further license or assignment, in order for Sponsor to use the Submission as contemplated by the Promotion. Each entrant irrevocably waives any and all so-called moral rights they may have in the Submission. For clarity, Sponsor has the right (but not the obligation) to publish any Submission on the Website.
SUBMISSION SELECTION; JUDGING CRITERIA: Sponsor will select a number of Submissions from among all eligible Submissions (the “Finalists”).
Following the selection of the Finalists, each potential winner must be willing be to participate in a review of the Winner’s home (which includes the space/room featured in the Submission) with a member of Sponsor’s Design Crew to discuss the Submission. Sponsor will then select three (3) winners from among the Finalists.
Winners must meet the following criteria:
Winner’s home (which includes the space/room featured in the Submission) must be located within 60 miles of one of west elm’s stores in the United States. Please see https://www.westelm.com/customer-service/store-locator.html for complete list of stores.
Winner must also be willing and available to participate in two photo/video shoots in their home (which includes the space/room featured in the Submission) depicting the “before” and “after” of the space/room (the “Winner Content”). Winner must agree to execute all required location, content and/or publicity releases reasonably requested by Sponsor in connection with the Winner Content. Winner must be available to participate in both photo/video shoots sometime between mid-May 2018 and September 2018 per Sponsor’s schedule.
The Judging Criteria are to be applied in the sole discretion of Sponsor and the individual judges. By entering the Promotion, entrants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Terms prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.
GIFTS CARDS AND DESIGN SERVICES: Each winner will receive one (1) $5,000 west elm gift card, up to $250 in Installation Services and up to 12 hours of Design Services in advance of the shoot date. Gift card subject to standard terms and conditions; see gift card for details. Prizes will be delivered only to an address in the United States. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason. WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZES; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
The winner must work with a member of Sponsor’s Design Crew to design a makeover of the winner’s home using the gift card to purchase recommended product and then participate in the photo and video shoot of their space to create the Winner Content. Winners must comply with recommended product to ensure Sponsor’s video shoot and production schedule is maintained.
NOTICE TO WINNER: Attempts to notify potential winners will be made using the e-mail address or telephone number provided at entry. Sponsor is not responsible for e-mail, telephone or other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
VERIFICATION OF WINNERS: Potential winners may be required to execute a Submission license or assignment, affidavit of eligibility, liability release, and (where imposing such condition is legal) a publicity release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.
PROMOTION ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE TERMS, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE PROMOTION, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE TERMS AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF SPONSOR AND THE INDIVIDUAL JUDGES WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THE TERMS; (C) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE PROMOTION ENTITIES; AND (D) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EACH OF THE PROMOTION ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY’S FEES AND COSTS) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROMOTION, (II) TYPOGRAPHICAL ERRORS IN THE TERMS OR ANY PROMOTION PROMOTIONAL MATERIALS, (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF), (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND ANY OF THE PROMOTION ENTITIES’ CONTROL OR AS OTHERWISE PERMITTED HEREUNDER, (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE PROMOTION, (VI) HUMAN ERROR, (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE PROMOTION ENTITIES OR BY AN ENTRANT, (IX) INTERRUPTION OR INABILITY TO ACCESS THE PROMOTION, ANY PROMOTION-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (X) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE PROMOTION, (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS, (XII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE PROMOTION ENTITIES, OR ANY OF THEIR AGENTS OR EMPLOYEES, OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE PROMOTION ENTITIES. EACH WINNER HEREBY ACKNOWLEDGES THAT THE PROMOTION ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES PROVIDED BY ANY OF THE PRIZE PROVIDERS ASSOCIATED WITH THIS PROMOTION.
Acceptance of the gift card constitutes each winner’s permission for Sponsor to use such winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
Sponsor reserves the right to suspend or cancel the Promotion or modify these Terms as necessary for any reason or as required by applicable law. Sponsor reserves the right, in its sole discretion, to disqualify from the Promotion, and ban from any future promotions, any person it believes to have intentionally violated these Terms, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Promotion without notice to the disqualified or banned person.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of entrants and Sponsor in connection with the Promotion shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Promotion or these Terms must be brought in the federal or state courts located in San Francisco, California.
By participating in this Promotion, entrant agrees that any and all disputes entrant may have with, or claims entrant may have against the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies. Entrant and Sponsor also have the right to bring qualifying claims in small claims court. In addition, entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither Entrant nor Sponsor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with Sponsor.