OFFICIAL MAIDS BY TRADE’S PHOTO CONTEST RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility:
Maids by Trade Photo Contest (the “Promotion”) is open only to legal residents of the Portland-Vancouver Metro Area, who are at least eighteen (18) years old (or the age of majority in their state of residence) and are owners of a residential property at the time of entry. The Promotion consists of a Contest (the “Contest”) and a Sweepstakes (the “Sweepstakes”). A business that leases residential properties may participate in this Promotion but will not be eligible to receive a Contest prize.
Employees of Maids by Trade, their partner business, and any of their affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate or win. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
2. Sponsor:
Maids by Trade
Administrator:
MBT Franchise, LLC P O Box 16523 Portland, OR 97292
3. Agreement to Official Rules:
Participation in this Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing:
The Promotion begins on October 1st, 2013 at 12:00 a.m. Pacific Time (“PT”) and ends on December 31st 2013 at 11:59 p.m. PT (the “Promotion Period”).
The Contest consists of five (5) rounds as outlined in the chart below.
Round 1: Entry Period, October 1st, 2013
Round 2: Play To Win Period, October-November-December 2013.
Judging to determine twenty (20) finalists. January 5th, – 10th, 2014.
Round 3: Maids by Trade Employees determine top five (5) Finalists. January 15th, – 19th, 2014
Round 4: Management voting to determine Grand Prize Winner. January 25th, – 30th, 2014
Sponsor’s computer is the official time-keeping device for the Promotion.
Contest rules are final.
5. How to Participate in Round 1 of the Promotion:
During Round 1, visit maidsbytrade.com/photocontest, click “Enter Now” and follow instructions to complete and submit the pictures home. Your home must be photographed on a least two (2) interior areas and the front. (your “Initial Submission”). You will also be required to complete a registration form including your first and last name, email address, and other details about your home. You may optionally submit a description to accompany your Initial Submission, but the description will not be considered by Sponsor for winner determination.
Initial Submissions must be consistent with the Guidelines and Content Restrictions as described below in Section 7. Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions. For submitting your Initial Submission that meets these Guidelines and Restrictions, you will be entered into Round 1 of the Contest, and you will receive one (1) entry into the applicable Round 1 Weekly Entry Period drawing. Limit: Each address may enter the Contest one (1) time during the Round 1, and will not be permitted to edit its Initial Submission once submitted. Initial Submissions received from any person or email address in excess of the stated limit will be void. Initial Submissions generated by script, macro or other automated means are void. In the event of a dispute regarding any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
Maids by Trade Online Offer: Each entrant who submits an Initial Submission will receive an offer for the services provided by the Sponsor. Offer expires March 15, 2014. Offer cannot be combined with any other discounts or gift certificates. All terms and conditions, features, support, pricing and service options subject to change without notice.
Any attempt by any entrant or voter to obtain votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to employees of Maids by Trade by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations, or any other methods, will void those votes for the entrant and entrant may be disqualified as determined by Sponsor in its sole discretion. Multiple votes received from any person or email address or physical address in excess of this stated number will be void. Sponsor reserves the right, in its sole discretion, to revise voting tallies or not consider the score should the voting appear to have been tampered with or manipulated in any way.
Round 1 Contest Determination: At the end of Round 1, Sponsor will select up to one hundred (100) homes that it will invite to participate in photo shot to be featured on https://maidsbytrade.com/.
A panel of qualified judges determined by Sponsor in its sole discretion will review the Initial Submissions that did not qualify to participate in Round 2 based on their vote tallies and will select up to two hundred (200) homes with the highest-scoring Initial Submissions from among all eligible applicable Initial Submissions based on the following criteria (“Judging Criteria”):
Homes that have “curb appeal” and are considered “to fit” the profile of a “happy home”. (40%);
Home appropriately relates to the Sponsor as a brand and/or color scheme (40%); and
“Northwest Look” Appeal (20%)
6. Guidelines and Content Restrictions:
By sending your Initial Submission and optional description (herein “Optional Content”) for Round 1 and additional Round 2 Submissions (if you are invited to participate) (herein collectively referred to as your Submissions), you agree that your Submission(s) conform to the Guidelines and Content Restrictions described below and that Sponsor, in its sole discretion, may remove your Submission(s) and disqualify you from the Contest if it believes that any of your Submissions fail to conform to these Guidelines and Restrictions.
Submission Guidelines:
All Submissions must be in English;
All text Submissions must not exceed six hundred (600) characters in length;
Any photos included must be in .jpg format and may not exceed 2GB in size;
The Submission cannot have been submitted previously in a promotion to any other Sponsor.
Content Restrictions:
The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights or that constitutes copyright infringement;
Entrant must have permission from all individuals mentioned or displayed in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein and if requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;
The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Promotion;
The Submission must not feature brand names or trademarks of others; Submission may contain Sponsor’s mark in submission materials, solely for the purpose of this Contest;
The Submission must not contain material not created by entrant;
The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
7. Sponsor’s Use of Submissions:
Uploading or emailing any Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 12, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void.
8. Requirements for Winners (Sweepstakes and Contest):
Potential winners will be notified by email or phone on or around the dates listed in the timing charts above in Section 4. Except where prohibited, each potential winner of a prize valued at $500 or more will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”) which must be received by Administrator, within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. Winners of prizes valued at less than $500 may be required to provide their home addresses (for prize fulfillment purposes only) in order to claim the prize within the time frame requested in order to claim the prize. If a potential winner of any prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information, within the required time period (as applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner. For the Sweepstakes, any alternate winners will be determined by random drawing from among all remaining eligible entries for the applicable drawing. For the Contest, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion.
9. Prizes:
SWEEPSTAKES
Round 3:
5 (5) ONE TIME ENTRY PERIOD PRIZE PER “PLAY TO WIN PERIOD”): $152 grant to be used as a credit for your Home. Approximate Retail Value (“ARV”): $152.
Total ARV of Round 1 Sweepstakes Prizes: $760.
Round 4:
ONE (1) $500 E: A house cleaning credit for you Home. Approximate Retail Value (“ARV”): $500.
CONTEST
ONE (1) GRAND PRIZE: $500 E: A house cleaning credit for you Home.
Winner’s Home might also be highlighted in a video that will be produced and published online (World Wide Web). Sponsor will have complete creative control over the content of this video.
In addition each Contest winner will be required execute a standard Property Address/Talent Release Contract, and will accept minimum scale compensation and talent residuals and will be bound by the terms and conditions of such Contract, including exclusivity. The approximate value of this contract will be determined by a variety of factors relating to the production. Sponsor is not responsible if videos are not broadcasted in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.
Sponsor will be responsible for all costs associated with the video, including but not limited to production, media spend, and (if applicable) net tax consequences to contest winners.
For All Prizes: Sponsor and Administrator are not responsible for complaints or issues regarding codes (claims that code is invalid, insufficient, etc.) Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Prize Limit: One (1) Contest and one (1) Sweepstakes prize per person.
10. Publicity:
Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
11. Transfer of Rights:
Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to any and all Submissions and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use any Submissions and that Sponsor in its sole discretion shall have the right to refrain from using any Submissions. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 12, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
12. Release:
By receipt of any prize, winners agree to release and hold harmless the Sponsor, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
13. General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. Limitations of Liability:
Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Promotion-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
15. Disputes:
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Oregon or the appropriate Oregon State Court located in Multnomah County, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
16. Entrant’s Personal Information:
Information collected from persons participating in this promotion is subject to Sponsor’s Terms of Use and Privacy Policy https://maidsbytrade.com/privacy-policy/.
17. Winner Announcement:
For a winner will be announced on our Facebook page and other social media outlets. Announcement will comply ALL with contest rules.
SPONSOR WILL PUBLISH THE FOLLOWING:*
Winner’s first name and last name’s initial
Winner’s Pictures and property description (if any)
Neighborhood description (general)
*No personal information or property address will be published.