OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. This Contest is governed by these Official Rules. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. YOU HAVE NOT YET WON. This Contest is in no way sponsored, endorsed or administered by YouTube. YouTube is completely released of all liability by each entrant in this Contest. All entrants must agree and comply with YouTube’s Website Terms of Use. Any questions, comments or complaints regarding the Contest must be directed to Sponsor and not YouTube.
1. SPONSOR/CONTEST PERIOD: The Need. Want. Love. Contest (the “Contest”) is sponsored by California Closet Company, Inc. (the "Sponsor"). The Contest starts at 12:00:00 AM Pacific Standard Time (“PST”) on November 1, 2011 and closes at 3:59:59 PM PST on November 28, 2011 (the “Contest Period”) when all entries must be received. All references in these rules to time are Pacific Standard Time, which shall control for all purposes of this Contest. Sponsor’s computer will be the official time clock for the Contest.
2. ELIGIBILITY: The Contest is open to legal residents of Canada (excluding the Province of Québec) who have reached the age of majority in their province or territory of residence at time of entry, legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older or the age of majority in their state of residence, whichever is older, at the time of entry and to legal residents of Puerto Rico who have reached the age of majority. Employees of the Sponsor, its affiliated companies and its franchisees, its respective advertising or promotional agencies, (such entities, collectively, the “Promotion Entities”) or members of any such employee’s immediate family (regardless of where they live) or persons with whom such employees reside (whether related or not) are ineligible to enter or win. “Immediate family” shall mean spouses or domestic partners and parents, siblings, children and their spouses and domestic partners. You must have a valid YouTube account to participate. Email addresses associated with your YouTube account shall be deemed to be owned by the authorized account holder of the YouTube Video Response submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Illegible or incomplete entries will be disqualified. In addition, one’s eligibility to win the People’s Choice Prize is dependent upon the Winner’s ownership of existing California Closets in their home.
3. HOW TO ENTER THE CONTEST: To enter the Contest, create a video (“Video Response”) in a YouTube supported file format featuring your California Closets and answering these questions: 1) Why did you need your California Closets? 2) Why did you want your California Closets? 3) Why do you love your California Closets? Next, visit www.YouTube.com and “Create” or “Sign In” to your account. Upload your Video Response to your YouTube account. Name your Video Response “Why I love my California Closets.” Next make your Video Response a “video response” by entering our YouTube Channel. Go to one of the Need. Want. Love. Videos we’ve shared and click “View comments, related videos, and more.” Next Click inside the box which says “All Comments” and select “Create a video response.” Then select your Video Response. Also “Share” your Video Response with your friends.
4. VIDEO RESPONSE FORMAT AND CONTENT.
Each submitted Video Response must:
i. be submitted only once;
ii. be in a YouTube supported file format
iii. contain entirely original materials;
iv. include your California Closet system(s);
v. answer all three questions: “1) Why did you need your California Closets? 2) Why did you want your California Closets? 3) Why do you love your California Closets?; and
vi. be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Sponsor is suitable for all persons, including persons under the age of 13.
VIDEO RESPONSES may not include any of the following (“Prohibited Content”) as determined by Sponsor in its sole and unfettered discretion:
i. language suggesting or encouraging illegal activity;
ii. the name, voice, likeness, image or performance of any third person unless you have obtained written permission from that person (other their parent or legal guardian if they are a minor) in a form approved by Sponsor;
iii. commercial content that promotes any product or service or contains any trademarks or servicemarks of any third party, other than those of the Sponsor;
iv. anything that infringes anyone’s intellectual property, privacy, publicity or other rights;
v. any unsafe behavior or situations, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, disparaging, defamatory or libelous materials or material considered illegal or illegal activity; or
vi. third-party copyrighted works (except the entrant’s).
Sponsor reserves the right in its sole discretion to disqualify, remove or not post any Video Response that does not conform to the Video Response Format and Content, is a duplicate of another Video Response, contains any Prohibited Content, or otherwise violates these Official Rules.
EACH ENTRANT WARRANTS TO THE SPONSOR THAT THE VIDEO RESPONSES DO NOT CONTRAVENE OR INFRINGE ON ANYONE ELSE’S COPYRIGHT OR OTHER INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS, DO NOT OTHERWISE VIOLATE THESE OFFICIAL RULES, AND THAT ANY INDIVIDUALS SHOWN IN THE VIDEO RESPONSES HAVE CONSENTED TO THE USE OF THEIR IMAGE, VOICE, PERFORMANCE OR LIKENESS. EACH ENTRANT FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, ATTORNEY’S FEES, AND LAWSUITS ARISING FROM OR RELATING TO HIS/HER VIDEO RESPONSE.
5. HOW TO VIEW AND VOTE FOR A VIDEO RESPONSE: To vote for a Video Response during the Contest Period, visit our YouTube Channel at http://www.youtube.com/user/CaliforniaClosets and “Like” the Video Response you wish to vote for. You may like multiple Video Responses throughout the Contest Period, but you cannot “Like” the same Video Response more than once. Any vote in excess of one for the same Video Response by the same person, and any fraudulent votes or votes made through automated means or scripts may be disqualified in Sponsor’s sole and unfettered discretion.
6. GRANT OF RIGHTS: By entering the Contest each entrant hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future rights, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Video Response for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Video Response for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Video Response, has no right of review or approval of and no claim for any compensation relating to any use of the Video Response.
7. PRIZES: There will be a total of five (5) prizes (“Prize(s)”) available to be won.
i. People’s Choice Prize: There will be one (1) People’s Choice prize available to be won, consisting of a one thousand dollar ($1,000)(US) California Closets gift certificate to be applied towards the purchase of a California Closet system and/or accessories.
ii. Weekly Prizes: There will be four (4) Weekly Prizes available to be won, each consisting of a $50 Amazon gift card. The ARV of each Weekly Prize is $50.00 (US).
Prizes must be accepted as awarded without substitution, are not transferable, not for resale and have no cash surrender value. The Sponsor reserves the right, in the event that a Prize or any component of a Prize cannot be awarded as described, or becomes unavailable for any reason, to substitute another prize or component of a prize of equal or greater value. No cash substitute will be awarded. The award of the People’s Choice Prize may be subject to additional terms and conditions, such as requirements of access to the home, local permit laws, deadlines by which the project must be completed, and other restrictions, which will be provided to winner with the prize notification. The Weekly Prizes may be subject to additional terms and conditions on the gift card.
PLEASE NOTE: The ARV on prizing is based on US dollars and the ARV may vary between the US, Puerto Rico and Canada at time of being awarded. Winners are responsible (if applicable) for all federal, state, provincial, territorial and local taxes on a Prize and any expenses not specified relating to the acceptance and use of a Prize.
8. WEEKLY CONTEST PERIODS. There are four (4) Weekly Contest Periods in total.
- 12:00:00 AM (PST) on November 1, 2011 and end at 11:59:59 PM (PST) on November 6, 2011
- 12:00:00 AM (PST) on November 7, 2011 and end at 11:59:59 PM (PST) on November 13, 2011
- 12:00:00 AM (PST) on November 14, 2011 and end at 11:59:59 PM (PST) on November 20, 2011
- 12:00:00 AM (PST) on November 21, 2011 and end at 11:59:59 PM (PST) on November 27, 2011
9. WEEKLY DRAWS: There will be five (4) Weekly Prize Draws (one (1) per Weekly Contest Period). Each Week, one (1) random Weekly Prize Draw will be held commencing at 10:00 AM (PST) on November 1, 2011 in Berkeley, CA USA from all eligible entries received by 11:59:59 PM (ET) on each Weekly Contest Period (“Cut-off Date”). For example, the Weekly Draw for the November 6, 2011 Weekly Draw Prize Period will take place the following day on November 7, 2011. Each Weekly Prize draw will be conducted by the Sponsor from among all eligible entries received by the relevant Cut-off Date. The odds of winning a Weekly Prize depend on the total number of eligible entries received by the relevant Cut-off Date. If for any reason there are no entries for a particular Weekly Contest Period, the Weekly Prize for that week will not be awarded. Entries will be carried over into the following week’s draw. Limit of one (1) Weekly Prize per household and one (1) People’s Choice Prize per household.
10. PEOPLE’S CHOICE PRIZE SELECTION PROCESS: The Video Response with the most valid “Likes” by 3:59:59 PST on Monday, November 28, 2011 will win the People’s Choice Prize. You may only use one (1) YouTube account to enter the Contest. One entry per household. Entries must be received on or before 3:59:59 PM PST on November 28, 2011 (the “Contest Closing Date”). The clock used by the Sponsor in connection with the receipt of the entries will be the official clock to determine the date and time the entry was received. Any ranking of Video Responses based on the number of “Likes” during the Contest Period shall be considered preliminary and shall not constitute an official tally of the Likes for purposes of determining the People’s Choice Prize winner. The actual winner will only be determined after close of the Contest Period and the Sponsor has taken such steps as it deems appropriate in its sole discretion to verify the voting.
11. WINNER NOTIFICATION (for Canadian Residents ONLY):
i. To be declared a Weekly Prize Winner, each selected entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by email. If a selected entrant fails to correctly answer the question, he/she will be disqualified and another entrant will be randomly chosen. Potential Weekly Winners who correctly answer the skill-testing question will be notified by email at the Sponsor’s discretion using the contact information provided at the time of entry. If a potential winner is determined to be less than the age of majority in his/her Province of residence, then the potential winner will be disqualified and an alternate winner will be selected randomly in their place. The Sponsor shall have no liability if the winner notification is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, the potential winner does not respond within two (2) business days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to the potential winner, the potential winner will forfeit his or her prize and an alternate winner will be randomly selected. Potential Weekly Winners may be required to sign a Declaration and Release Form and, to the extent permitted by law, a Publicity Release (a “Release Form”) to be returned within a specified time. If the potential winner is found to be ineligible for any reason, or declines a prize he/she will be disqualified and an alternate winner will be randomly selected. The Sponsor will successively attempt to contact up to five (5) potential winners of the prize, and if there is still no confirmed winner of the prize in question after such attempts have been made, the Sponsor may determine at its sole discretion that the prize may go unawarded. Upon being confirmed, the Weekly Prize will be delivered by email to the email address specified by the confirmed winner.
ii. To be declared the People’s Choice Prize Winner, each selected entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by email. If a selected entrant fails to correctly answer the question he/she will be disqualified and another entrant will be chosen from the Video Responses with the next highest “Likes” as described in paragraph 10 above. The potential winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsor’s discretion using the contact information provided at the time of entry. If a potential winner is determined to be less than the age of majority in his/her Province of residence, then the potential winner will be disqualified and an alternate winner will be selected in their place. The Sponsor shall have no liability if a winner notification is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within five (5) business days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, the potential winner will forfeit his or her prize and an alternate winner will be selected from the Finalist with the next highest “Likes” as described in paragraph 10 above. Each selected entrant, if asked by Sponsor, must sign and timely return a Declaration and Release Form and, where permitted by law, a Publicity Release (a “Release Form”) to be returned within a specified time. Failure to timely return the signed document or the return of the document as undeliverable will cause the prize to be forfeited and awarded to an alternate winner whose Video Response has the next highest number of valid “Likes” as described in paragraph 10 above. If a potential winner is found to be ineligible for any reason, or declines a prize he/she will be disqualified and an alternate winner will be selected from the Video Responses with the next highest number of valid “Likes” as described in paragraph 10 above. The Sponsor will successively attempt to contact up to five (5) potential winners of the prize, and if there is still no confirmed winner of the prize in question after such attempts have been made, the Sponsor may determine at its sole discretion that the prize may go unawarded. Upon being confirmed, the Sponsor will coordinate the Prize with the confirmed winner within thirty (30) days.
12. WINNER NOTIFICATION (for US and Puerto Rico Residents ONLY):
i. To be declared a Weekly Prize Winner, potential Weekly Prize winners will be notified by email at the Sponsor’s discretion using the contact information provided at the time of entry. If a winner is determined to be less than the age of majority in his/her state of residence or ineligible for any other reason, then the potential Weekly Prize winner will be disqualified and an alternate winner will be randomly selected. The Sponsor shall have no liability if the winner notification is lost, intercepted or not received for any reason. If, despite reasonable efforts, the potential winner does not respond within two (2) business days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable, the prize will be forfeited and an alternate winner will be randomly selected. If the potential winner is found to be ineligible for any reason, or declines a prize for any reason prior to award, the potential winner will be disqualified and an alternate winner will be randomly selected. To be declared a Weekly Prize winner, the selected entrant may be required to complete a Declaration of Eligibility and Liability Release and, as permitted by law, a Publicity Release, to be returned within the time period specified thereon along with any other documentation that the Sponsor may require, or the selected entrant will be disqualified and another selected entrant will be randomly selected. Upon being confirmed, the Weekly Prize will be delivered by e-mail to the confirmed winner’s address supplied on the Entry Form.
ii. To be declared the People’s Choice Prize Winner, each selected entrant will be notified by telephone and/or mail and/or email at the Sponsor’s discretion using the contact information provided at the time of entry. If a potential winner is determined to be less than the age of majority in his/her state of residence or ineligible for any other reason, then the potential winner will be disqualified and an alternate winner will be selected based on the Video Response with the next highest number of valid “Likes” as described in paragraph 10 above. The Sponsor shall have no liability if the winner notification is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within five (5) business days of the first notification attempt (or such shorter time as exigencies may require), or if a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, the potential winner will forfeit his or her prize and an alternate winner will be selected based on the Video Response with the next highest number of valid “Likes” as described in paragraph 10 above If a potential winner is found to be ineligible for any reason, he/she will be disqualified and an alternate winner will be randomly selected based on Video Response with the next highest number of valid “Likes” as described in paragraph 10 above. Each selected entrant, if asked by Sponsor, will be required to complete, sign and have notarized an Affidavit of Eligibility and Liability Release (“Affidavit/Release”) and, to the extent permitted by law, a Publicity Release. The Affidavit/Release must be returned within the time period specified thereon along with any other documentation that Sponsor may require, or the selected entrant will be disqualified and another selected entrant will be declared the winner at Sponsor’s sole discretion based on the Video Response with the next highest number of valid "Likes” as described in paragraph 10 above. Upon being confirmed, the Sponsor will coordinate the Prize with the confirmed winner within thirty (30) days.
13. GENERAL: By entering the Contest, entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor with respect to all aspects of the Contest, which are final and binding in all respects relating to this Contest.
14. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity (including, without limitation, travel), or from entrants’ acceptance, receipt, possession and/or use or misuse of any Prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Promotion Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Contest website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen entries, email or mail or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the YouTube Channel or website where the Contest is being posted, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if its determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest. In such event the Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state/province or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, The Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated or suspended before the designated end date, notice thereof will be posted on the Contest web site and the Sponsor will (if possible) select winner(s) in a random drawing or drawings from all eligible, non-suspect entries legitimately received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sponsor reserves the right to correct clerical or typographical errors in promotional materials or these rules.
15. By entering and/or accepting a Prize, a winner consents to the use of his/her name, address (city and state, territory or province) and/or photograph and or/video without further compensation, in connection with any publicity carried out by or on behalf of the Sponsor with respect to this Contest, except to the extent prohibited or restricted by law.
16. If an entrant is a resident of the United States, by entering and/or accepting the Prize, entrants agree that the Contest shall be construed in accordance with the governing law and jurisdiction of the State of California, excluding its conflict of law rules, and 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, and exclusively in a court of competent jurisdiction located in Alameda County, California. If an entrant is a resident of Canada, by entering and/or accepting the Prize, entrants agree that the Contest shall be construed in accordance with the laws of the Canadian Province of Ontario and the laws of Canada applicable therein, and only an Ontario court of competent jurisdiction shall have jurisdiction and venue over controversies arising out of, or relating to, the Contest.
17. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and entrant hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
18. The Sponsor reserves the right to terminate or amend this Contest at any time and in any way, without prior notice and will post notice on its YouTube Channel of same. Without limiting the foregoing, if, for any reason such as tampering the Contest is not capable of running as originally planned, the Sponsor reserves the right to cancel the Contest and award all remaining prizes from among all eligible entries received at the time of termination.
19. All entries are hosted by YouTube on its website, and will be available both on any YouTube hosted Contest page and generally on the YouTube Website, and will continue to be so available following the completion of the Contest. This Contest is subject to all applicable federal, state, provincial and local laws.
20. Names of products or manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply the manufacturer’s sponsorship, endorsement, or the approval of this Promotion. All trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Contest.
21. For a list of winners of the Prizes, send a self-addressed, stamped envelope by December 15, 2011 to: The Need. Want. Love. Contest (request for winners list) 1716 Fourth Street, Berkeley, CA 94710 USA. Residents of Vermont may omit return postage.
22. By entering the Contest, you understand that you are providing your information to the Sponsor. The Sponsor respects your right to privacy. Personal information collected from entrants will only be used by the Sponsor to administer the Contest and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Sponsor and its affiliates and franchisees. By entering the Contest, all entrants consent to the manner of collection, use and disclosure of personal information as set out in the Sponsor’s privacy policies, which are available at www.californiaclosets.com/help/privacy-policy
23. Sponsor. The Sponsor of the Contest is: California Closet Company, Inc. 1716 Fourth Street, Berkeley, CA 94710 USA.