2. Promotion void where prohibited and outside Carroll, Howard, Baltimore and Anne Arundel counties and Baltimore city. By entering this Promotion, all entrants agree to these rules and to the decisions of the Sponsor, which are final in all respects.
3. Entrants in the contest to win a bathroom renovation must be 21 years or older and legal U.S. residents residing in Carroll, Howard, Baltimore and Anne Arundel counties or Baltimore city at the time of entry. Entrants in the contest to win a gift card must be 21 years or older and legal U.S. residents of Maryland. Employees and immediate family members of employees of the Baltimore Sun Company, the Tribune Company, and their affiliates are not eligible to enter or win. "Immediate family" includes only spouses, parents, siblings and children.
4. To enter the Contest, submit a photo (the "Photo") of an ugly bathroom in your house of residence during the Contest Period. To submit Photo, visit baltimoresun.com/bathroom, accurately complete the entry form and download your Photo (collectively, the entry information and Photo will be referred to as the "Submission"). You must submit a Photo of your own bathroom, and no people should be included in the Photo. Photos must be in .jpeg formats and must be of reproduction quality, no smaller than 300 dpi (1200x1200 pixels). Altered or electronically enhanced Photos are not eligible and will not be considered. All Photos submitted must be the original creation of the entrant and cannot have been previously published in any medium or submitted in any other competition. You must be a registered user of baltimoresun.com in order to be eligible. Registration is free. Limit one Submission per person and per email address. Subsequent Submissions from the same person or using same e-mail address will be rejected. If any dispute arises concerning the identity of an entrant, the owner of the e-mail account of the registrant shall be deemed the entrant. All entry information in the Submissions (but not the Photo itself) becomes the property of the Sponsor and will not be returned. By submitting a Photo, you hereby grant Sponsor and its parents and affiliates a non-exclusive, perpetual, irrevocable, world-wide, royalty-free license to use the Photo in any manner and any medium related to the Promotion without prior notice or approval. You otherwise will retain all rights to your Photo, and the Sponsor's publication of the Photo will not limit your use and ability to further market the Photo. The information that you provide in connection with the Promotion will be used by Sponsor in accordance with its Privacy Policy, which is found at http://www.baltimoresun.com/bal-sunspot-privacy,0,4798930.htmlstory and which may be updated from time to time.
5. During the Voting Period, online users will vote for their favorite Photo by posting the name and number of their choice in the comments field below the photo on the contest page. In the event that the name and the number do not match, the vote will be disqualified. Limit one vote per person per day. You must be a registered user of baltimoresun.com in order to vote. The leading five vote recipients will be deemed finalists and be eligible for the Contest Prize. In the event of a tie, the tie-breaker will be determined by random drawing. The Contest winner will be determined by a panel of judges on or about Friday, October 15, 2010. Judges will determine Contest winner based on how unattractive and outdated the bathroom appears in the photo.
6. Everyone who submits a Photo and/or votes for a Photo will be eligible to win the Sweepstakes Prize. Limit one Sweepstakes entry per person regardless of how many times you vote. On or about October 18, 2010, the Sweepstakes Prize winner will be determined by a random drawing among all eligible entries.
7. Sponsor will attempt to notify winners via phone and/or email in accordance with the information on their entry forms. In the event that any potential winner (a) fails to respond within 72 hours of Sponsor's first attempt to notify winner, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, or in the event that any prize delivery attempt is returned undeliverable, Sponsor in its discretion may disqualify that individual and that prize will not be awarded. Sweepstakes Prize winner may be asked to pick up prize at the offices of the Baltimore Sun, 501 N. Calvert St. between the hours of 10am and 4 pm, Monday-Friday. If unable to do so, prize will be mailed to winner. Sponsor not responsible for loss, delay or damage in delivery. By entering, each entrant agrees that if selected as the winner, he/she and may be required to sign a release and waiver of liability as well as certain tax documents. The prize may be forfeited and awarded to an alternate winner if the winner and his/her guests do not execute the prepared form of release and waiver as well as the tax documents within the stated time frame required by Sponsor, or if the selected winner is not eligible in accordance with these rules. Contest winner's household members (or parent or legal guardian in the event household member is a minor) will be required to sign and return releases prior the beginning of work on the bathroom. Contest winner may also be required to complete, sign and return a Release of all right, title and interest in the Photo.
8. The Contest Prize, which will be awarded to the Contest entrant who submits the winning Photo, consists of bathroom remodeling services valued at $15,000 including, cabinets, fixtures and accessories from Owings Home Services, The Vertical Connection, Thos. Somerville Company/Kohler (the "Project"). The scope of work for the Project depends on the nature of the winner's bathroom and may include elements of the following within the scope of work: remove existing tub/shower combo to sub floor & framing; remove existing toilet, vanity, top, faucets and shower controls; remove existing medicine cabinet, towel bar, paper holder and light over vanity; remove existing flooring (1 layer) to sub floor; dispose of debris properly; install cement board on bathroom floor; furnish and install ceramic tile in standard pattern and grout; tile will be selected from pre-determined group; install Kohler bath products; prep and paint walls, ceiling and trim with two coats of latex paint. Ceiling to be white, walls to be one color and trim to be one color; install Kohler medicine cabinet, light over vanity (to replace existing) and towel bar and paper holder; install shower rod; and/or clean up debris associated with work. The following is not included: wall paper removal and related damage; replacement of rotten or damaged wood or material, which will be charged at the time it is discovered; relocation of electric, plumbing, or HVAC; exhaust fan; and abatement of mold and lead or asbestos, the cost of which is the sole responsibility of homeowner. Bathroom size is limited to 8' x 5'. Dark colors usually take three or more coats and, if so, may require an additional charge. Contest winner must meet with Sponsor and/or contractor's representative prior to the beginning of the Project . Contest winner is responsible for securing all permits necessary for the Project. Contest winner must schedule preconstruction meeting by March 31, 2011 and must allow construction to begin by October 31, 2011. In the event winner misses either date, Contest prize will be forfeited. In the event the Project is completed for less than $15,000, any difference between $15,000 and the actual amount of the Project will not be awarded to Contest winner. In the event the cost of the Project exceeds $15,000, the difference will not be awarded to Contest winner, but Sponsor or Owings will receive approval from the Contest winner prior to exceeding $15,000.
9. The Sweepstakes Prize, which will be awarded to a randomly drawn Photo submitter or voter, consists of a $300 Target gift card. Gift card subject to terms and conditions thereon. Odds of winning Sweepstakes Prize depend upon the number of entries received.
10. Winners assume sole responsibility for all costs associated with the prizes not explicitly outlined above, including without limitation all federal, state and local taxes.All details of prizes shall be at Sponsor's sole discretion. No other items or services except for those expressly included above as part of prize description in these rules will be awarded. All prizes being offered are provided "as is" with no warranty or guarantee either express or implied by Sponsor. Merchandise prizes carry no warranty other than that offered by manufacturers. Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Prizes are non-transferable. No prize substitutions will be permitted except that Sponsor reserves the right to award an alternate prize of equal or greater value if it deems necessary. Any portion of any prize not used by any winner is forfeit and no cash substitute will be offered or permitted.
11. By accepting a prize, all winners hereby grant Sponsor and its agents permission, without further compensation, to use their names, likenesses, photographs, film, voice recordings and images for promotional purposes, if and to the extent allowed by law, including on Sponsor's website. By entering, entrants and winner agree to release The Baltimore Sun Company, the Tribune Company, and prize suppliers from any and all claims, liability, damages, losses or injuries of any kind arising out of their acceptance/possession and/or use/misuse of the prizes and/or their participation in the Promotion.
12. By submitting an Photo, entrant represents and warrants that the Photo submitted: is the original creation of the entrant; has not been copied in whole or in part from any other work; contains no defamatory, threatening, obscene, harassing or otherwise unlawful material; has never been previously published or submitted to any other competition; does not violate or infringe any copyright, trademark, or other proprietary or privacy or publicity right of any person or entity; and is the exclusive property of the entrant. Entrant further represents and warrants that no laws were broken in the creation of the Photo. If an entrant breaches any of these representations and warranties, or any of the Official Rules, he or she is solely responsible for injury caused by the breach. Violation of any of these representations and warranties shall be cause for disqualification. Entrants agree to indemnify, defend and hold Sponsor harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties.
13. Sponsor reserves the right to correct typographical or clerical errors in any Promotion-related materials. Sponsor will award all properly claimed prizes, but in no event will Sponsor award more prizes than are provided for in these Official Rules. Limit one prize per person.
14. Sponsor is not responsible for Submissions or votes that are lost, misdirected, or mutilated. Submissions or votes are void if incomplete, not legible, or if they contain errors. If for any reason the on-line entry is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right to cancel, terminate, modify or suspend the Promotion. In the event Sponsor cancels the Promotion during the Submission Period, Sponsor will determine the Contest winner by judging all valid Submissions received as of the termination date by the criteria set forth above, and Sponsor will randomly draw a Sweepstakes Prize winner from among submitters of valid Submissions. In the event Sponsor cancels the Promotion during the Voting Period, Sponsor will determine the Contest winner by judging all valid Submissions received as of the termination date by the criteria set forth above without regard to the votes received during the abbreviated Voting Period, and Sponsor will randomly draw a Sweepstakes Prize winner from among submitters of valid Submissions and votes (limit one entry per person). Sponsor will post notice of any cancellation, termination or suspension on the Promotion website.
15. ANY ATTEMPT BY AN ENTRANT, VOTER, OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE ENTRY SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL RESULT IN DISQUALIFICATION. Sponsor reserves the right to prohibit any entrant or voter from participating in the Promotion if, at its sole discretion, Sponsor finds such entrant or voter to be tampering with the entry or voting process or the operation of the Promotion, or if such entrant or voter repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or voter or Sponsor; or (c) in any other disruptive manner.
16. No responsibility is assumed 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, entries; any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, hardware, or software; failure of any e-mail or electronic entry to be received 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 entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Promotion.
17. By entering the Promotion, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
18. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Maryland. Any legal proceedings arising out of this Promotion or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Maryland, County of Baltimore and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules or the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor's right to assert or rely upon any such provision or right in that or any other instance.
19. For a copy of the Official Rules or a list of winners, send a self-addressed, stamped envelope to Baltimoresun.com, 501 N. Calvert Street, P.O. Box 1377, Baltimore, Maryland 21278, Attn: "Ugly Bathroom Contest", specifying either "Winner's List" or "Official Rules Request." Winner's List will be available after November 30, 2010. All requests must be received by December 31, 2010.