CONTEST OVERVIEW. These Official Rules describe and state all of the terms of the 200 STORY HOME CONTEST (the "Contest") described in them. Please carefully read all of these Rules before you decide to participate in the Contest. Your participation in this Contest constitutes your legal representation that you are eligible to do so, and that you have read and agree to be bound by these Rules. If there is any provision in these Rules with which you do not agree, or by which you do not wish to be bound, please do not participate in the Contest. This Contest is sponsored by 200 Story Home, LLC (the "Sponsor"). You may contact the Sponsor at 520C N. Main St., #401, Heber City UT 84032; telephone 435.494.4271. You may also email the Sponsor at www.200storyhome.com (the "Website").
CONTEST ENTRIES. A Contest entry ("Entry") consists of an original drawing, sketch, painting, collage, mosaic, other work of art, photograph, fictional story, non-fictional story, biographical story, essay, poem, or any other original work of authorship that (a) is fixed in a tangible medium of expression no larger than 8 1/2 by 11 x 1/2 inches; (b) consists of no more than one page (for text) and one surface (for artwork and photographs); (c) was prepared specifically for this Contest; (d) contains no text smaller than 8 point font; and (e) relates thematically, in some fashion, to "home."
HOW TO ENTER. To enter, a contestant must do two things. First, a contestant must purchase a Ticket from the Sponsor, in accordance with the Contest Rule below entitled "TICKETS." The acquisition of a Ticket entitles the owner to submit one Contest Entry. Second, the contestant must mail his or her Entry to the Sponsor, accompanied by the Ticket, in time for the Sponsor to receive the Entry and Ticket no later than 5:00 p.m. Mountain Time on September 30, 2010.
Although a Ticket may be purchased online, an Entry may only be transmitted to the Sponsor by regular mail (which may be designated for overnight delivery if the contestant so chooses). In the lower right hand corner of the back side of your Entry, you must hand-write only your Unique Ticket Receipt Number, preceded by the word "TICKET" in capital letters. You must sign your Ticket on the line set forth on the Ticket for your signature, thereby confirming the accuracy of the information set forth on the Ticket and representing that you have read and agree to be bound by these Rules. An Entry submitted without an accompanying signed Ticket will not be considered by the Sponsor. Do not enclose anything in the envelope you mail to the Sponsor other than your Entry and your Ticket. Improperly submitted entries will not be considered. All entries automatically become the possession of the Sponsor. Entries must be sent to: 200 Story Home ENTRIES 520C N. Main St., #401, Heber City UT 84032
TICKETS. You may purchase a Ticket online, via the Sponsor's Website, if you wish to do so and if you have a credit card that may be used for an online purchase. You may also purchase a Ticket by mail, in which case you may pay for your Ticket with a check or money order payable to 200 Story Home, LLC. A Ticket costs one hundred dollars ($100.00) and entitles the owner to submit one Contest Entry. Regardless of whether you purchase a Ticket online or by mail, you must provide the Sponsor with all of the following information: your full name; your home address; a cell phone or residential telephone number at which you can be reached; your email address; and your age. All Tickets will be electronically transmitted to your email address. You must print your Ticket so as to include it with your Contest Entry. A Ticket, as issued by the Sponsor, will include all of the information you have provided and will contain a signature line. A Ticket is nontransferrable, and may only be signed and submitted with a Contest Entry by the individual to whom the Ticket has been issued. In addition, all Tickets are nonrefundable. If you fail for any reason to submit a Contest Entry by the deadline and hence do not use the Ticket you purchased, you will not be entitled to your money back.
The Sponsor will sell and issue a maximum of nineteen thousand (19,000) Tickets. If and when the Sponsor has sold that number of Tickets, the Contest will be sold out, and the Sponsor will no longer accept any monies from any person wishing to purchase a Ticket. Once the Contest has sold out, it will no longer be possible to pay for a Ticket electronically; and any check or money order thereafter received by the Sponsor, from a person seeking to purchase a Ticket, will automatically be returned to such person by regular mail. The Sponsor reserves the right to cease accepting payment for Tickets by check or money order after 18,500 Tickets have been sold; thereafter, Tickets may only be purchased online via the Sponsor's Website.
You may purchase a Ticket at any time, so long as the Contest has not been sold out. You need not wait to purchase a Ticket until your Entry is ready to be submitted. The purchase of a Ticket effectively reserves to you the right to submit an Entry. However, you should bear in mind that all Tickets are nonrefundable and nontransferable. If you purchase a Ticket before you have completed your contemplated Entry, and you do not in fact submit an Entry, you will not be able to obtain a refund or sell your Ticket to another person
ELIGIBILITY. This Contest is open only to an individual lawfully residing in the United States who (1) is 18 years of age or older; (2) possesses Internet access; (3) is not incarcerated in any penitentiary, jail or prison; (4) is neither employed by nor works for the Sponsor (or any person or entity affiliated with the Sponsor), or is a member of the family residing in the household of any person employed by or working for the Sponsor (or any person or entity affiliated with either); (5) is the registered subscriber of the e-mail account to which contestant's Ticket will be emailed (in accordance with the "TICKETS" Rule above), or is a member of the household of the registered subscriber of such account, which registered subscriber knows of and consents to such use of the account for such purpose; (6) has not been found, in any judicial or administrative proceeding, to be legally incompetent for any purpose; and (7) has not been found by Sponsor to be a person who is ineligible to participate in the Contest.
CONTEST DATES. The Contest is a one time event, beginning at 8:00 a.m. Mountain Time on August 15, 2009 and ending at 4:59 p.m. Mountain Time on September 30, 2010. To qualify for consideration, a contestant's Entry and accompanying signed Ticket must actually be received by the Sponsor no later than such latter date and time. A contestant may submit as many Entries as he or she wishes, but a separate Ticket must be purchased for each Entry a contestant wishes to submit, and each separate Entry (accompanied by a separate signed Ticket) must be mailed to the Sponsor in a separate envelope.
WINNERS. There will be one (1) Grand Prize Winner and one hundred ninety-nine (199) Runner-Up Winners, selected by the judges as set forth below. The Grand Prize Winner will receive the Grand Prize described in the "GRAND PRIZE" Rule below. Each Runner-Up Winner will receive the Runner-Up Prize described in the "RUNNER-UP PRIZE" Rule below. There will also be one or more Early Bird Winners, selected by the judges as set forth below and as described in the "EARLY BIRD PRIZES" Rule below. The Grand Prize Winner and each Runner-Up Winner will be privately notified that he or she has won approximately 120 days after the Contest has ended. Each Early Bird Prize Winner will be privately notified that he or she has won promptly after he or she has been determined to be an Early Bird Prize Winner. All Winners will be publicly announced approximately 150 days after the Contest has ended.
DETERMINATION OF GRAND PRIZE AND RUNNER-UP WINNERS. In its sole and absolute discretion, and based upon entirely subjective and personal artistic, aesthetic, intuitive, and literary criteria and judgments, the Sponsor (through one or more designated persons) will determine the two hundred Entries subjectively deemed to be the "best" of all timely received Entries. Those 200 Entries will then be submitted to and examined to a panel of independent judges selected by the Sponsor (the "Panel"). The members of such Panel shall together identify, in their sole and absolute discretion, and based upon entirely subjective and personal artistic, aesthetic, intuitive, and literary criteria and judgments, the single Entry which the Panel deems to be the "best." The contestant who submitted that Entry will be the Grand Prize Winner and will win the Grand Prize. The contestants who submitted the other 199 Entries selected by the Sponsor and submitted to the Panel, will be the Runner-Up Winners and will receive the Runner-Up Prizes. The selection of the Grand Prize Winner and Runner-Up Winners by the Sponsor and the Panel, and all other decisions and determinations by the Sponsor and the Panel, made in connection with the Contest, are final and not subject to challenge in any administrative, arbitral, quasi-judicial, or judicial proceeding.
GRAND PRIZE. The Grand Prize Winner will receive, at the Grand Prize Winner's option, (a) the fee interest in and to certain real property located in Park City, Utah, including the improvements thereon (the "Park City Property"), subject to the provisions of these Rules, or (b) the sum of five hundred thousand dollars ($500,000.00) in cash. The Sponsor's Website will contain a hyperlink to another Internet site at which information concerning the Park City Property may be obtained and photographs of the Park City Property may be viewed. The approximate retail value of the Grand Prize is five hundred thousand dollars ($500,000.00). The Grand Prize Winner must notify the Sponsor, within 24 hours of being informed that he or she has won the Grand Prize, of his or her decision as to which of these two alternatives he or she chooses to receive. The Park City Property will be transferred "as is," and the Sponsor makes no express or implied warranties or representations concerning the title to or condition or marketability of the property. The Grand Prize Winner will be publicly announced and identified on the Sponsor's Website, by first and last name, city, and state.
$50,000 CHARITABLE CONTRIBUTION. The Sponsor will donate fifty thousand dollars ($50,000) to a non-profit charitable institution or entity fully qualified as such under applicable federal and state law, designated by the Grand Prize Winner. The Grand Prize Winner must notify the Sponsor, within seven calendar days after being informed that he or she is the Grand Prize Winner, of the non-profit charitable institution or entity to which such charitable contribution shall be made. The Sponsor, in its sole discretion, shall determine the documentation such charitable institution or entity must submit in order to demonstrate that it qualifies as such as under applicable federal and state law. The charitable institution or entity designated by the Grand Prize Winner will be identified on the Sponsor's Website. The Sponsor will also donate fifty thousand dollars ($50,000) to a non-profit or a number of non-profits of its choosing.
RUNNER-UP PRIZE. Each Runner-Up Winner (of which there will be 199) will receive five hundred dollars ($500.00).
EARLY BIRD PRIZES. All Entries received by the Sponsor, five calendar days after the date on which the Sponsor sells Ticket No. 2500, will be eligible to receive an Early Bird Prize. In its sole and absolute discretion, and based upon entirely subjective and personal artistic, aesthetic, intuitive, and literary criteria and judgments, the Sponsor (through one or more designated persons) will determine the Entry subjectively deemed to be the "best" of all Entries received by that date. The contestant who submitted that Entry will be the first Early Bird Winner. There will be up to six Early Bird Winners. The Sponsor will similarly determine the "best" of all Entries received by it prior to five calendar days after the dates on which it sells Ticket Numbers 5,000; 7,500; 10,000; 12,500; and 15,000. An Early Bird Prize Winner is eligible to receive additional Early Bird Prizes (if any are thereafter awarded), as well as the Grand Prize or a Runner Up Prize.
An Early Bird Winner will receive, at his or her option, (a) one (1) new model 2010 Mini Cooper automobile (base model) from an authorized dealer of such automobiles identified and chosen by the Sponsor, or (b) two (2) new model 2010 Harley Davidson Sportster Motorcycles (base model), from an authorized dealer of such motorcycles identified and chosen by the Sponsor, or (c) the sum of fifteen thousand dollars ($15,000.00) in cash. An Early Bird Winner must notify the Sponsor, within 72 hours of being informed that he or she is an Early Bird Winner, as to which of these three alternatives he or she chooses to receive. The approximate retail value of each Early Bird Prize is fifteen thousand dollars ($15,000.00). Each Early Bird Winner will be publicly announced and identified on the Sponsor's Website, by first and last name, city, and state. The Early Bird Winner who chooses to receive an automobile or two motorcycles must pay all delivery and related charges.
Each Early Bird Winner will be privately notified that he or she has won an Early Bird Prize no later than 90 days after the applicable cutoff date for eligibility to receive an Early Bird Prize. However, Early Bird Prizes will not actually be awarded until approximately 120 days after the Contest has ended. If the Contest is cancelled, in accordance with the "POSSIBLE CONTEST CANCELLATION" Rule below, no Early Bird Prizes will be awarded, even if by such cancellation date a contestant has been notified that he or she is an Early Bird Winner. The receipt of an Early Bird Prize is contingent upon the Contest not being cancelled.
PROVING ELIGIBILITY FOR PRIZES. Every prize winner must, in order to receive the prize he or she has won, provide to the Sponsor: (a) a sworn affidavit establishing his or her eligibility to participate in the Contest and receive the prize he or she has won; (b) such written information, if any, required by applicable tax and/or real estate laws, including without limitation the winner's social security number; (c) if requested, proof of identity in a form satisfactory to the Sponsor, showing that the person receiving the prize is the same person who submitted the winning entry; and (d) if requested, written permission to have his or her name, likeness and identity used for promotional purposes by the Sponsor, without additional compensation. Any determination by Sponsor, as to the eligibility or lack thereof of any contestant, is final and not subject to challenge, in any administrative, arbitral, quasi-judicial, or judicial proceeding.
ONLINE DISPLAY OF ENTRIES. Contest Entries are expected to include original drawings, sketches, paintings, collages, mosaics, other works of art, photographs, fictional stories, non-fictional stories, essays, and poems. The Sponsor may make electronic file copies of selected such Entries, and post and display them on the Sponsor's Website and/or any other online location hereafter established for such purposes, potentially including but not limited to a Facebook or MySpace page or YouTube.com. For any online location established by the Sponsor on which selected Entries will be displayed, a hyperlink will be placed on the Sponsor's Website. Entries so displayed online may include the Entries of Winners, whose creators will also be identified online, by first and last name, city, and state. Entries displayed online may also include Entries of contestants who were not selected as Winners; the creators of such Entries will not be identified online. In its sole discretion, the Sponsor will decide which artistic Entries to post online and how to arrange and display them, as well as the duration of time in which such Entries will remain online.
PUBLICATION OF ENTRIES. Sponsor anticipates that the Entry of the Grand Prize Winner and some or all of the Entries of the Runner-Up Winners will be collected into book form and published. If you are a Winner and your Entry is selected by the Sponsor for inclusion by the Sponsor in such a publication, you will be so notified, and the publication will specifically identify you as the author of the Entry. Entries so published in book form will not be limited to fictional stories, non-fictional stories, essays, and other literary works, but may include reproductions of artistic Entries such as photographs, drawings, and paintings. Sponsor also anticipates that the Entry of the Grand Prize Winner, and some or all of the Entries of the Runner-Up Winners and perhaps other Entries as well, will be published electronically and marketed online by the Sponsor.
IRREVOCABLE INTELLECTUAL PROPERTY LICENSE. By submitting an Entry, you represent and warrant that you are the sole copyright owner of all exclusive rights under copyright in the Entry, and that use of the entry by the Sponsor will not violate any right of any third party, including without limitation any rights of privacy or publicity, any copyright, or any other intellectual property right. By submitting an Entry, you provide the Sponsor with a royalty-free, irrevocable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including by reproduction, distribution, public display, sale, offer to sell, adaptation and/or public performance) the Entry, including without limitation in advertising and promotional materials as well as in commercially marketed items. You also represent and warrant that you have the power to grant such a license.
You will not receive any royalty, license, or other payment or consideration from the sale of an electronic copy of your Entry, or from the sale of any publication, product, merchandise, apparel, or other item containing a copy or reproduction of your Entry. Sponsor reserves the right to reproduce, copy, publish, exploit, display, market, or otherwise use any Entry received by it, regardless of whether the contestant is selected as a Winner, in whatever form or manner Sponsor deems desirable or appropriate, in its complete and absolute discretion, without providing any payment or compensation or any kind to the creator of the Entry.
PARTICIPATION FEE. In order to participate in the Contest and have his or her Entry considered by the Sponsor and the Panel, a contestant must purchase a nonrefundable Ticket from the Sponsor, the cost of which is one hundred dollars ($100.00).
THIS PROMOTION IS SOLELY A CONTEST. This promotion is solely a contest. In order to win a prize, a contestant must exercise artistic and/or literary creativity and skill. A participant in this Contest is not purchasing a chance or opportunity to win a prize, the winning of which is entirely or predominantly subject to chance, with the odds of winning depending on the number of entries received. In addition, a participant in this Contest is not staking or risking anything of value upon the outcome of a contest of others, or a sporting event, or a game subject to chance. Any costs or charges paid or incurred by a contestant, in order to participate in the Contest, are paid or incurred in order to have the opportunity to win one of the prizes offered by Sponsor through the submission of an Entry.
ANTICIPATED NUMBER OF CONTESTANTS AND WINNERS. Because Sponsor has not previously sponsored a contest of this sort, it is currently unable to predict the number of expected contestants. For the same reason, Sponsor cannot identify the total number of contestants who won prior contests that it sponsored. After this Contest has terminated, and upon receiving a request from any person, Sponsor will identify the approximate number of total contestants and the winners
SPONSOR NOT RESPONSIBLE FOR ERRORS. This Contest utilizes and relies upon various wireless and electrical communication technologies, the proper functioning of which is entirely beyond the control of the Sponsor. This Contest also utilizes and relies upon the services of various companies, including but not limited to Internet service providers, electrical utilities, wireless telephone service providers, and the United States Postal Service, the performance of which is entirely beyond Sponsor's control. Sponsor is not responsible or liable in any way for the consequences of incorrect, inaccurate, interrupted, defective, or untimely transmission or transcription of entry information, or for any human error, technical malfunctions, lost data, transmission line failure, wireless service gaps, power outages and spikes, computer hardware and software errors and malfunctions, computer viruses and glitches, Internet or wireless service inaccessibility, or any other technical, manual, electronic, transmission, computer error or malfunction or similar error or malfunction. Should any communication by Sponsor impose a substantively unreasonable burden on Sponsor or yield an unanticipated windfall for one or more contestants that presumptively was not intended by Sponsor, such communication is deemed to have been null and void and of no effect.
LEGALESE CONCERNING PARK CITY PROPERTY CONVEYED TO GRAND PRIZE WINNER. The Sponsor will provide to the Grand Prize Winner a full legal description of the Park City Property and the rights being conveyed as to such Property, along with legally required disclaimers, disclosures, qualifications, and limitations.
TAX RESPONSIBILITIES OF WINNERS. Each Prize Winner is solely responsible for paying and reporting, as and when required by law, all income taxes and any other taxes and expenses attributable to or resulting from the receipt of the prize that he or she won. Each Prize Winner authorizes the Sponsor to withhold from any prize any and all amounts Sponsor is required by applicable law to withhold and pay to the appropriate governmental body. In addition, each Prize Winner must indemnify, defend, protect, and hold harmless the Sponsor from and against any and all claims relating to any such taxes and expenses. Each contestant should realize that the award of a prize might result in the imposition of significant income tax obligations, and could affect the contestant's entitlement to governmental entitlements and benefits.
POSSIBLE CONTEST CANCELLATION. Sponsor reserves the right to cancel this Contest at any time, if in its sole and exclusion discretion and opinion, Sponsor has not sold and will not sell a sufficient number of Tickets to render the Contest economically feasible. Sponsor shall immediately announce any such cancellation of the Contest on its Website. Promptly after any such cancellation of the Contest, Sponsor shall return to each contestant (a) the monies received by Sponsor from the sale of a Ticket to such contestant, and (b) the contestant's Entry.
POSSIBLE EXTENSION OF CONTEST. Sponsor reserves the right, at its sole and exclusive discretion, to extend the Contest and to accept Entries received by it after March 31,2010. Sponsor also reserves the right, at its sole and exclusive discretion, to extend the date on which the Grand Prize Winner and Runner-Up Winners will be notified that they have won, and to extend the date on which such Winners are identified on the Website.
MISCELLANEOUS. This Contest is governed by the laws of the State of Utah, excluding conflict of laws principles. Void where prohibited or restricted by law. Sponsor is not responsible or liable for claims, injuries, losses, or damages of any kind resulting from the acceptance, use, misuse, malfunctioning, possession, or loss of possession of any prize. A contestant's sole and exclusive remedy for any breach of any obligation owed by the Sponsor shall be limited to return of the money paid by the contestant to purchase one or more Tickets. Neither the Sponsor, nor its members, officers, employees, agents and representatives, shall be liable to any person for any incidental, indirect, special, or consequential damages suffered by any person by virtue of such person's participation in the Contest. All provisions of these Rules which, by their express or implied terms, are intended to survive the termination of the Contest, shall do so.