OFFICIAL RULES for the Birds & Blooms 2014 DIY Birdhouse and Feeder Contest (#105).
NO PURCHASE, ONLINE SERVICE SUBSCRIPTION OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
1. Eligibility: This contest (“Contest”) is sponsored by RDA Enthusiast Brands, LLC (“Sponsor”), the publisher of Birds & Blooms and a subsidiary of The Reader’s Digest Association, Inc. Contest is open to all U.S. and Canadian residents (excluding residents of Quebec) who, at the time of entry, have reached 18 years of age or older at time of entry. Employees of Sponsor or their affiliated or subsidiary companies, and their immediate family members, are not eligible to enter the Contest. All federal, state, provincial and local laws and regulations apply (in the U.S. and Canada). Void in the province of Quebec and where prohibited by law.
2. To Enter: Entry for this Contest begins on February 15, 2014 at 12:01a.m. Central Standard Time, and ends on April 15, 2014 at 11:59 p.m. Central Standard Time. To enter, e-mail one color photograph clearly showing a birdhouse or bird feeder that you made yourself to [email protected]. This photograph should be a .jpg digital file between 900K and 10MB in size, and attached to the email. Photo should have no writing or watermarks added to it. Along with the photo, please include your name, postal address, daytime telephone number and the best email address to reach you. Include about 75-250 words of information about the photo, such as what your birdhouse or feeder is made from, what gave you the idea and any other interesting information. You may enter as many times as you like, but each entry must be a different birdhouse or feeder that you made yourself. Duplicate entries or birdhouses/feeders will be disqualified. Photograph should only include the birdhouse/feeder and should not include any third party content, brands, logos, trademarks, or copyrights. In the event the Contest is entered via a mobile device, Message and Data charges may apply.
By submitting your entry, you are granting Sponsor, its parent company, subsidiaries, affiliates, partners and licensees the irrevocable right and license to use, publish, exploit, modify, edit, transmit and distribute the photo, the design of your birdhouse/feeder, actual birdhouse/feeder and your name, hometown and state and other entry details in any and all media now known or hereafter devised, worldwide, in perpetuity for Sponsor’s advertising, promotional and trade purposes without compensation, permission or notification to entrant or any third party.Each entry (including photo and actual birdhouse/feeder) must be the original work of entrant, created solely by the entrant, and must not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. Entries must not contain any content that is disparaging, defamatory, libelous, obscene, or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole discretion. The photo and birdhouse/feeder must never have previously won any award, been published professionally or sold or used in any way for commercial purposes. All entries, including semi-finalists’ actual birdhouses/feeders, become the property of Sponsor and will not be returned. After the contest, actual birdhouses/feeders received by Sponsor may be donated to nonprofit organizations working for the benefit of birds. Sponsor reserves the right to edit your entry as Sponsor deems appropriate in its sole discretion. Sponsor is not responsible for any unauthorized use of any entry by third parties.
During the judging process, semi-finalists will be asked to mail their actual birdhouse/feeder directly to our offices for the second round of judging. Entrants are responsible for all shipping charges. These entries will also become the property of Sponsor. Sponsor will not return contest entries, so do not submit your color photograph unless you are able to send the actual birdhouse or feeder upon Sponsor’s request. Failure to submit actual birdhouse or feeder at Sponsor’s request within time allotted will result in forfeiture of any prizes that would otherwise be awarded, and forfeiture of opportunity to compete for the Grand Prize.
3. Judging: The judging will take place in three rounds. The first round of judging will take place from April 20, 2014 to April 25, 2014. The second round of judging will take place May 1, 2014 to May 15, 2014. The third round of a public vote will take place June 1, 2014 to June 30, 2014. During the first round, staff of Birds & Blooms will choose semi-finalists based on the following criteria: craftsmanship (30%), photo composition (15%), consideration toward usability (15%), and creativity (40%). The judges have discretion to choose 20 to 40 semi-finalists, based on the judging criteria above, assuming a sufficient number of entries meeting the minimum judging criteria are received. All entries will be judged using the criteria stated above. Judges’ decisions are final. The semi-finalists will be invited to continue to the next round of judging in which they send their birdhouses or bird feeders directly to our offices in Wisconsin. These entries must be received by May 1, 2014. Next, staff of Birds & Blooms will hold a second round of judging, using the same criteria as in the first round. The judges have discretion to choose up to 10 finalists, based on the judging criteria above; assuming a sufficient number of entries meeting the minimum judging criteria are received. Once the finalists are chosen, the finalists’ birdhouses/feeders will be professionally photographed by Sponsor’s selected photographer. Then members of the public will be invited to review and vote for their favorite finalist during the third round online at birdsandblooms.com, in accordance with the Voting Terms and Conditions for this Contest. The finalist submission to receive the most votes during this third round will be the Grand Prize Winner. All decisions are in the judges’ sole discretion. In the event of technical difficulties or other issues, voting dates are subject to change without notice. In the event of a tie, the person among the tied entries with the highest score in creativity will be declared the semi-finalist, finalist or winner, as the case may be.If a tie still remains, the person among the remaining tied entries with the highest score in craftsmanship will be declared the semi-finalist, finalist or winner, as applicable. Any attempt to undermine the legitimate operation of the promotion may be in violation of civil and criminal laws and will result in disqualification from participation in the promotion. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) to the fullest extent of the law, including criminal prosecution.
4. Prizes: The following prizes will be awarded: Each finalist will each receive a check for US $100 and the one (1) Grand Prize Winner will also receive a check for US $1,000. Neither Sponsor nor its affiliates or subsidiaries will be responsible for any loss, liability or damage arising out of loss or damage of any entry, or winner’s acceptance or use of any prize. All taxes (including any income and withholding taxes) are the sole responsibility of the winner. If an inadequate number of qualified semi-finalists, finalists and/or winning entries are received to award the prizes, Sponsor reserves the right to (a) not award any prize to any entry; (b) award fewer than the number of prizes stated above; or (c) award all of the prize money allocated above equally among the number of selected winners.
5. Selection of Winners: Semi-Finalists, Finalist and Grand Prize winner will be selected after each round of judging as set forth above and notified by regular mail or email. Semi-Finalists may be required to execute a Statement of Award Eligibility, Acceptance and Publicity Release within three (3) days of semi-finalist notification attempt or semi-finalist will be disqualified in which case an alternate semi-finalist may be selected, if time permits. In the event semi-finalist, finalist or winner is a minor in his or her state of residence, all required documentation must be signed by parent or legal guardian. Return of semi-finalist, finalist, or winner notification or prize as undeliverable will result in disqualification and an alternate semi-finalist, finalist, or winner may be selected. Entry and/or acceptance of prize constitutes permission for the Sponsor and its licensees and agencies (if any) to use the semi-finalist’s, finalist’s and Grand Prize winner’s name, address (city and state) and/or likeness for advertising and trade purposes without further compensation or authorization, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, unless prohibited by law. If Grand Prize winner is a resident of Canada, s/he will also be required to answer a mathematical time-limited skill-testing question. Failure to answer the question correctly, as determined by Sponsor in its sole discretion, will result in disqualification and at Sponsor’s discretion, an alternate Grand Prize winner may be selected.
6. Conditions: Sponsor is not liable for any technical malfunctions of any telephone network or lines, computer internet system, servers or providers, computer equipment, software, failure of any email on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading/uploading any materials in this Contest, or other technical difficulties or failures or other errors of any kind. Sponsor is not responsible or liable for any injury or damage to an entrant’s or third person’s computer and/or its contents, related to or resulting from Contest. Sponsor reserves the right to terminate or modify the Contest at any time for any reason. In such a circumstance, semi-finalists, finalists and/or the Grand Prize Winner will be selected based on entries received to date of termination based on the judging criteria set forth above. In the event that two similar entries are received, only the entry judged to best meet the Contest criteria will be included in the next round, as determined by Sponsor in its sole discretion. Entrants agree to indemnify Sponsor and its affiliated and subsidiary companies from and against any and all claims and liabilities arising out of or in connection with participation in this Contest. In the event of any dispute regarding the identity of an entrant who submitted an online entry, the authorized account holder of the email address used for the entry will be deemed the entrant. “Authorized account holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organizations (e.g. business, educational institute) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor is the official timekeeper for this Contest. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the website or the entry process. Submission of entry into this Contest deems that entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.
7. No Recourse to Judicial or Other Procedures/Severability: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to 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 any entrant expressly waives any and all such rights. In the event that a court of competent jurisdiction finds the foregoing waiver unenforceable, entrants hereby consent to the jurisdiction and venue residing exclusively within the federal or state courts in the state of Wisconsin, United States and agree that any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action. Entrants agree that these Official Rules are governed by the laws of Wisconsin. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
8. Anticipated Number of Contestants: The total number of contestants anticipated is 500.
9. Winner List/Consumer Information: If you wish to receive a list of prize winners, have any questions about the Contest, or you do not want to receive future sweepstakes or skill contest mailings from Sponsor, specify your request and write to: Birds & Blooms 2014 DIY Birdhouse and Feeder Contest (#105), 5400 S. 60TH STREET, GREENDALE, WI, 53129. Winner’s list request must be received by December 31, 2014.
|Prize||Retail Value||Number of Prizes||Anticipated number of entries|
|Final Closing Date for initial entries is April 15, 2014. Semi-finalists’ birdhouses/bird feeders must be received by May 1, 2014.
YOU HAVE NOT YET WON.
No one will know who the final winner is until after the Contest ends. Final Closing Date is the last date entries are accepted. See Official Rules for details.
ENTRY IS FREE.
You don’t have to buy anything to enter. Just enter as instructed. You will be entered for the prize offered in this Contest.
BUYING WON’T HELP YOU WIN.
Your chances of winning without a purchase are just as good as the chances of someone who buys something.
Birds & Blooms 2014 DIY Birdhouse and Feeder Contest (#105)
VOTING TERMS AND CONDITIONS
The public will be provided with the opportunity to visit www.birdsandblooms.com (the “Site”) and select his/her favorite Entry (each a “Vote”) between June 1, 2014 at 12:01 a.m. Central Standard Time and June 30, 2014 at 11:59 p.m. Central Standard Time (the “Voting Period”) subject to the terms and conditions herein. Limit one (1) vote per person during the entire Voting Period. Votes must be entered manually. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, offering sweepstakes/contest entries, awards or other inducements or any kind of consideration to persons in exchange for votes, or as determined by RDA Enthusiast Brands, LLC (“Sponsor”) in its sole discretion. Votes generated by script, macro or other automated means or which subvert or impair the integrity of the voting process, as determined by Sponsor in its sole discretion, will be void. Any attempt by Entrant and/or his/her family/friends or any other individual to vote using any fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to void the votes in question and/or disqualify the Entrant in its sole discretion. Voting must be completed by the actual person casting the vote. A person may not vote on behalf of another person. Multiple votes by one person will be disqualified. Voters must follow instructions on Site to submit their votes. Sponsor and its parent, affiliates, subsidiaries, consultants, agents, participating advertising and promotion agencies and suppliers, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) are not responsible for incorrect/inaccurate voting information. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any vote to be cast or tabulated on account of technical problems, human error or traffic congestion on the Internet or at a website, or any combination thereof or for any other reason, or for any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in voting process or downloading any materials. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE VOTING PROCESS OR THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to modify, terminate, or suspend the voting or void any vote should a virus, bug, non-authorized human intervention, action of Entrant or voter, or other cause corrupt or impair the administration, security, or fairness of the voting. Sponsor reserves the right, in its sole discretion, to disqualify any individual they find to be violating these terms, tampering with the voting process, or acting in an unsportsmanlike or improper manner and void all associated votes. If the voting process is terminated early by Sponsor, Sponsor reserves the right to count the eligible votes among all non-suspect, eligible votes received up to time of cancellation, or not count the votes and simply base the winning entries on the judging criteria outlined in the Contest official rules. The decision of the Sponsor with respect to the tallying of votes, and the invalidation or disqualification of any suspected votes, shall be in its sole discretion and final and binding.