Official Contest Rules
Top Knobs 25th Anniversary Design Board Contest (“Contest”)
VOID IN ARIZONA, MARYLAND, NEW JERSEY, TENNESSEE AND WHERE PROHIBITED BY LAW.
POTENTIAL WINNERS MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FOURTEEN (14) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION COMMUNICATION OR PRIZE MAY BE FORFEITED (IN SPONSOR’S (DEFINED BELOW) SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A CLASS-ACTION WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, A LIMITATION OF YOUR RIGHTS AND REMEDIES, AND GRANT OF A BROAD LICENSE TO THE SPONSOR TO USE YOUR CONTEST SUBMISSION AS DESCRIBED IN MORE DETAIL HEREIN.
The Contest is sponsored by Top Knobs (USA), Inc. (“Sponsor”). The Contest begins at 12:00:00 am Eastern Time (“ET”) on June 3, 2019, and ends at 11:59:59 pm ET on November 1, 2019 (the “Contest Period”). Eligible participants (see Eligibility requirements in Section 2 below) may enter the Contest by submitting before and after photos that shows how the participant incorporated Top Knobs hardware into an interior design project with which the participant was involved, along with an explanation of the project. All components of your entry must comply with these Official Rules, including the Submission Requirements in Section 4 below. Eligible participants may enter the Contest by completing the entry form at contest.topknobs.com (“Website”) and uploading their project photos, along with a description of their design project, during the Contest Period. Following the end of the Contest Period, five (5) participants will be selected as potential winners of this Contest by a panel of judges, as described below.
This Contest is open only to individual legal residents of one of the United States (excluding Arizona, Maryland, New Jersey and Tennessee) or the District of Columbia who are i) at least eighteen (18) years of age and the age of majority in their state or jurisdiction of residence; and ii) a professional interior designer, architect, builder, remodeler or NKBA-certified kitchen designer as of the date of entry. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its corporate partners, parent companies, divisions, subsidiaries, affiliates, assigns, and successors in interest, each of their respective advertising, promotion and public-relations agencies, and any other party participating in the development, design, administration, or fulfillment of this Contest (the “Released Parties”), and the immediate families (defined as any spouse, domestic partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not) of each such individual, are ineligible to participate or win the prize in this Contest. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
If you submit a design developed in the course of your employment with a company or organization, you represent and warrant that you are participating in this Contest in your individual capacity and not on behalf of your company, you have permission from your company to submit your entry into this Contest and grant the rights set forth herein, and your actions do not violate your company’s policies and procedures.
(3) HOW TO ENTER:
During the Contest Period, visit the Website and follow the steps to 1) complete an entry form in full with all required information, including name, email address, city, zip code and design project description, 2) upload your before and after photos (“Photos”), 3) and submit your entry. (The photos, design project description and all other content you submit in connection with this Contest is referred to in these Official Rules as your “Entrant Content.”) All Entrant Content must comply with the “Submission Requirements” detailed in Section 4 below and otherwise comply with these Official Rules.
Submitted Photos must include a minimum of i) two (2) color photographs of the completed design project depicting at least one (1) Top Knobs decorative hardware collection, including one (1) photo depicting a majority of the room in which the design project occurred and one (1) photo that is a close-up showing the Top Knob hardware as a focus of the shot; and ii) one (1) “before” photo of the space where the design project occurred, unless the project was in connection with new construction in which case no “before” photo is required.
Your design project description must i) include a brief overview of your design project and describe how Top Knobs helped to achieve the design; ii) be at least 50 words and no more than 150 words.
Your Photos appearing in an online gallery on the Website or elsewhere does not mean that Sponsor has determined that you or your Photos or Entrant Content complies with these Official Rules. You may later be disqualified if Sponsor at any point determines that you are not eligible or have otherwise not complied with these Official Rules.
By submitting any Entrant Content, you represent and warrant that you own all rights in the Entrant Content, including, without limitation, all Photos, or, in the case of Photos, have obtained a license sufficient for you to grant the rights set forth in these Official Rules. If you do not own the copyright to your Photos, you agree to provide to Sponsor proof of a valid license to grants the right set forth herein upon Sponsor’s request in a form acceptable to Sponsor. Failure to comply with this obligation to Sponsor’s satisfaction may result in disqualification.
By entering the Contest, you will be enrolled in Sponsor’s Design Board program. This program consists of receiving marketing emails about Top Knobs products. For more information about the program, visit http://blog.topknobs.com/join-our-design-board/. You can unsubscribe from our marketing emails at any time by following the unsubscribe link in each marketing email. You agree that Sponsor or its representatives may contact you via email or phone with follow-up questions or opportunities for engagement regarding your Entrant Content.
LIMIT ONE (1) ENTRY PER PERSON AND PER EMAIL ADDRESS. Subsequent attempts to submit entries in excess of the above-stated limit by using multiple sets of or false contact information, or by any other means are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. The database clock for the Website will be the official timekeeper for this Contest. Entries must be submitted and received by Sponsor during the Contest Period through the Website and in strict accordance with the instructions and restrictions in these Official Rules. Entries that are not actually received by Sponsor will not be entered into this Contest. For purposes of this Contest, an entry is “received” when the Website records your entry during the Contest Period and all components are actually received by Sponsor. Other proof of submitting or attempting to submit an entry (such as, without limitation, a screenshot of your purported entry) does not constitute proof of actual receipt of the entry for purposes of this Contest. Purported entries that are incomplete, received outside the Contest Period, or contain obscene, offensive, or any other language communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void. Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any entry by such person void. Entries that are fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on behalf of any other individual or any entity or group, or originating at any online service other than the Website will be declared invalid and disqualified for this Contest. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. YOU SHOULD RETAIN A BACK-UP COPY OF YOUR PHOTOS AND ANY OTHER ENTRANT CONTENT YOU SUBMIT. ANY ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
(4) SUBMISSION REQUIREMENTS:
All Entrant Content must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified:
- Entrant Content must be in English
- Entrant Content must not contain, suggest, depict, or describe any (i) harmful, inappropriate, unlawful, or dangerous behavior, activity or content or (ii) violation of federal, state, or local laws, rules, or regulations.
- Photos must be at least 1MB and no larger than 10MB, and in one of the following file formats .png, .jpg, .jpeg
- Entrant Content may not name or depict any identifiable person.
- Entrant Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of Sponsor.
- Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
- Entrant Content must be unpublished and not have been submitted in any other contest, promotion, or competition.
- Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (including trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Released Party or any other party.
- Entrant Content must be suitable for presentation in a public forum.
You agree that your participation in the Contest and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content permitted under these Official Rules will not violate any agreement to which you are a signatory or party.
To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content permitted under these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify you from the Contest and/or cease or refrain from displaying or publishing any Entrant Content that does not comply with these Submission Requirements or any other requirement of these Official Rules.
(5) WINNER SELECTION/NOTIFICATION:
Following the end of the Contest Period, five (5) potential winners will be selected from among all eligible entries received during the Contest Period through a judging process, as described below. All eligible entries received will be evaluated by a panel of judges selected by Sponsor in its sole discretion (the “Judges”), based on the following equally-weighted criteria: 1) creativity and originality, 2) functionality, 3) beauty; and 4) quality of design and Photos. In the event of a tie in the selection of any winner, the entry with the highest score in the first judging criterion will be named the potential winner. If there is still a tie, the entry with the highest score in the second judging criterion will be named a potential winner. If there is still a tie, the entry with the highest score in the third judging criterion will be named a potential winner. If there is still a tie, the entry with the highest score in the fourth judging criterion will be named a potential winner.
Sponsor reserves the right to contact entrants for verification purposes and administration of the Contest. All judges’ decisions are final and binding in all matters relating to this Contest. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her Entrant Content, and agrees that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
Potential winners will be contacted on or about November 22, 2019 by Sponsor or its designated representative via email.
Each potential winner will be required to complete, sign, have notarized (if applicable), and return an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), copyright license (if not already requested by Sponsor) and, if required, tax documents (collectively, “Prize Winner Documents”), any or all of which may require the potential winner to provide his or her Social Security Number and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents must be received by Sponsor within fourteen (14) of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected.
If any prize, prize notification, or other Contest-related communication is returned as undeliverable or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any reason.
(6) PRIZE, QUANTITY & APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize (1): $5,000
Second Place Prize (1): $1,250
Third Place Prize (1): $750
Honorable Mention (2): $500
All prizes will be awarded in the form of a check made payable to the winner. Total ARV of all Contest prizes: $8,000.
Prize winners are expected to participate in reasonable public relations activities at Sponsor’s request, including providing additional information about winners’ designs and work upon request of Sponsor. Prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) and other costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of the prize will be the sole responsibility of winner. Winner may be issued a 1099 and related tax forms for the actual value of the prize. No more than the stated prize will be awarded. Sponsor will not replace any lost, mutilated, or stolen prizes or prize elements or any prizes that are undeliverable or do not reach the winner because of an incorrect or changed contact or bank-routing information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed prize elements will only be mailed or otherwise provided to the verified winner’s address in the Territory, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason. Each entrant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
By entering, except where prohibited by law, each entrant grants to Sponsor, and its agents, successors, and assigns, the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, publish, adapt, and exploit the content of and elements embodied in any of his/her Entrant Content (including, without limitation, his/her Photos and the design depicted in the Photos), in perpetuity and in any and all media (whether now existing or hereafter devised), including online and in digital media, in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation. Each entrant agrees that the licensed entities may, but are not required to, attribute the Entrant Content to entrant. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the licensees’ exploitation of the Entrant Content without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with this Contest, on the grounds that any use of any Entrant Content (or any derivative works thereof) infringes or violates any of entrant’s rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that nothing in these Official Rules will require Sponsor to use the Entrant Content in part or in whole or to include the Entrant Content in any Sponsor-related property, including, without limitation, any Sponsor web site or any other online or offline property, or any Sponsor advertising. Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entrant Content for purposes of the Contest does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content (including, without limitation, the Photos), other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, essays, images, and other creative materials. Each entrant also acknowledges that many ideas may be competitive with, similar to, or identical to the celebration depicted in his/her Entrant Content or other aspects of the Entrant Content in idea, components, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to any materials included as part of his/her Entrant Content. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s (or its licensees’) actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property, work, or production, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
(8) GOVERNING LAW / RELEASE / INDEMNITY / LIMITATION OF LIABILITY:
VOID WHERE PROHIBITED BY LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITIES, ATTORNEYS’ FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH: (i) THE CONTEST; (ii) THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE; OR (iii) CREATION OF ENTRANT’S PHOTO, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO/OF PERSON OR PROPERTY.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZES AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW.
(9) DISPUTES / ARBITRATION:
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Delaware, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest or any prize awarded shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Dallas, TX, Chicago, IL, New York City, NY, Los Angeles, CA, or Atlanta, GA (whichever is closest to entrant’s residence) or – if required by the JAMS rules – in or near the entrant’s hometown; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Delaware. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small-claims court. To the fullest extent permitted by applicable law, each entrant waives any right to seek to enjoin or restrain the operation or exploitation of this Contest, any other Released Party property, or any advertising or other materials issued in connection with the Contest or another Released Party property.
(10) ADDITIONAL DISCLAIMERS:
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entry, email, mail, or Contest-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, any Contest-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind or insufficient space in a potential winner’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply the prize or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(11) GENERAL RULES:
By entering the Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion), and the name and details of entrant’s employer, if applicable, for advertising, trade, promotional, and publicity purposes anywhere worldwide and in any medium now known or hereafter discovered or devised (including, without limitation, online) without any limitation of time, without further obligation or compensation of any kind, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates any Released Party to make use of any of the rights granted herein and winner waives any right to inspect or approve any use made pursuant to the rights granted.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, selection of the winner, and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in or engaging with the Contest. Sponsor reserves the right to restrict or void entries, or other participation from any IP address or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest. Sponsor’s failure or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged ambiguity, discrepancy, or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will 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 will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Contest and award the prize from eligible, non-suspect entries received prior to cancellation, modification, or suspension (if any) or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of an entrant, the entrant will be declared to be the registered account holder of the email address provided in the entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won will be forfeited. A registered 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 organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Any potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the email address provided with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
(13) WINNER’S LIST/OFFICIAL RULES:
For a copy of these Official Rules, please visit the Website during the Contest Period. To find out who won, please send an email to email@example.com with the subject line “Top Knobs 25th Anniversary Design Board Contest – Winners List Request.” Requests for the winners list must be received within three (3) months of the end of the Contest Period.
(14) SPONSOR: Top Knobs (USA), Inc., 3 Millennium Way, Branchburg, NJ