Angelo Surmelis of HGTV's "Rate My Space" could be giving a room in your house a design intervention. All you need to do is tell us why you deserve a room makeover by Angelo. Read the contest rules below and share your story.
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. Today’s Room Makeover With Interior Designer Angelo Surmelis Contest (the “Contest”) will begin on July 17, 2009 at 2:00 PM ET and end on July 31, 2009 at 11:00 AM ET (“Contest Period”). All times in the Contest refer to Eastern Time (ET”). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located in the New York terrestrial geographic viewing area (the counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester in the state of New York; the counties of Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, and Warren in the state of New Jersey; the county of Fairfield in the state of Connecticut; and the county of Pike in the state of Pennsylvania), and who are twenty-one (21) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsors (as defined below) and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to www.TODAYShow.com (the “Website”), click on the Contest icon, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (the “Entry”). As part of the Entry, you will also be required to submit a photo of yourself (“Entrant Photo”), a photo of the room (excluding bathrooms or kitchens) you would like to have made over (“Room Photo,” together with Entrant Photo, the “Photos”) and a statement of one hundred (100) words or less (the “Essay”) on the following theme: “Why I Need A Room Makeover With Angelo Surmelis.” You may submit the Photos and Essay (collectively, referred to herein as the “Submissions”) online according to the provided instructions on the Website. The Essay must be written in the English language. All entries become the property of The Today Show and NBC Universal, Inc. (“NBC”), both located at 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), and will not be acknowledged or returned.
You must submit the Submissions as part of your Entry to enter and be eligible for the Contest. Your Essay must be original (that is, written by you), true and verifiable. By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before July 31, 2009 at 11:00 AM ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. You may enter once during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. JUDGING: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible entries received during the Contest Period and select a potential winner (“Winner”) on or about August 3, 2009, based on the following judging criteria (“Judging Criteria”): Room Potential (50%) and Originality and Creativity of Submissions (50%). In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Room Potential as the potential Winner. In the event a tie remains, an additional tie-breaking Judge will judge the tied entries, using the Judging Criteria, to determine which of the tied entrants will be the potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Potential Winner will be notified by email. PotentialWinner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsors’ discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining entries based on the Judging Criteria.
PRIZE: There will be one (1) prize awarded (“Prize”), consisting of the following: one (1) makeover of one (1) room in Winner’s home conceived of and executed by interior designer Angelo Surmelis (“Designer”) with the help of the Winner and Winner’s family over a two (2) day period on or about August 3, 2009, or on such other date as determined by Sponsors in their sole discretion.
Estimated Retail Value (“ERV”) of the Prize is five hundred dollars ($500).
Sponsors, in their sole discretion, shall determine all details of Prize, including all decorating ideas and purchases (e.g. paint color, décor, furniture, and home accessories, etc.) and date and time of Prize. Sponsors and Designer will consult with Winner on certain details of the Prize, but Designer and Sponsors will determine the final makeover design in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value in their sole discretion. Winner must be available for the makeover during two (2) consecutive days starting August 3, 2009 to August 21, 2009 as determined by Sponsors in their sole discretion, or on such other dates as specified by Sponsors in their sole discretion or Prize will be forfeited, no compensation or substitution will be provided in lieu thereof and Sponsors shall have no further obligation to Winner. Other restrictions may apply. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Dates and/or time of makeover are subject to change. No retail value is associated with the appearance by Designer; therefore, in the event that Designer cannot appear as scheduled for any reason, Sponsors’ sole responsibility will be to award the remaining portion of the Prize and no additional substitution or compensation will be awarded.
Sponsors, in their sole discretion, may choose to record the makeover process. If Sponsors, in their sole discretion, elect to incorporate the audio and video recording of the makeover (the “Recording”) into The Today Show or other television shows, neither the taping nor the Recording will be considered an employment opportunity, and no persons, including Winner and his or her family will be entitled to compensation or credit therefor. Sponsors will determine the nature of the Recording in their sole discretion. If the Recording is broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsors in their sole discretion. Winner and his or her family and/or friends will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsors prior to their participation in the taping, if any. Failure of Winner and/or his or her family and/or friends to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause the Prize to be forfeited. The content of the Recording as, and if, finally exhibited and the number of exhibits and re-airs thereof, if any, will be determined by Sponsors in their sole discretion. Winner and/or his or her family and/or friends will have no right of review, notice, or approval of the content of the Recording or any exhibition or exploitation thereof. Sponsors have the right, in their sole discretion, to disqualify Winner, cause the Prize to be forfeited, and remove Winner and/or his or her family and/or friends from the taping at any time, if Winner’s or Winner’s family or friend’s behavior is deemed by Sponsor to be disruptive or if it may or does cause damage to person, property, or reputation of Sponsor or if it otherwise violates the policies of Sponsor, or if Winner (or a family member or friend) does not follow the directions of Sponsor at all times. These Official Rules and the Contest itself are neither a contract nor an application for employment.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any damage to Winner’s property related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties 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 Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners based on the Judging Criteria from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, which will be available after September 30, 2009, visit TODAYshow.com