Official Rules — Sure Fit’s Ugly Couch Contest™
NO PURCHASE NECESSARY. A purchase will not increase your chances of winning.
1. This Game is played from, 12:01 AM, ET, August 18, 2008 ("Game-Start") to 11:59 PM, ET, October 31, 2008 ("Game-End").
HOW TO ENTER YOUR COUCH IN THE CONTEST.
2. Eligibility: You may enter your ugly couch (couch must have been purchased prior to August 18, 2008) if you are a legal resident of the contiguous 48 United States and D.C., aged 18 or older at the time of entry. Void in Puerto Rico and overseas U.S. territories, possessions, commonwealths and military installations and wherever prohibited, licensed, restricted or taxed. Employees, officers, directors, agents, representatives and their immediate families (parents, children, siblings, spouse and each of their respective spouses, regardless of where they live) or members of household of Sure Fit Inc., their parent companies, subsidiaries, advertising, design, web design, web hosting and publicity agencies and anyone connected with the production and distribution of this Contest are not eligible to enter or be awarded a prize.
3. How to Enter: There are two ways to enter the Contest beginning August 18, 2008:1) OFFLINE: Send a clear, color photograph of the couch that you believe is the ugliest couch to: The Ugly Couch Contest, c/o Sure Fit, 6575 Snowdrift Road, Allentown PA 18106 to arrive by 5 PM, ET, September 30, 2008. Photo should not be an instant-photo (e.g., Polaroid) and should be a minimum size of 3"x5" and a maximum size of 8"x10". Photos should only be of a couch, and should not include any person. Enclose, on a separate piece of paper, your full name, full address, daytime phone number and e-mail address (if you have one). 2) ONLINE: Go to www.surefit.com from 12:01 PM, ET, August 18, 2008 and click on the Sure Fit Ugly Couch Contest button located on the home page. Follow the directions to enter online. Complete the registration form and attach your digital photo when the email entry-form pops up. Then send the email to the address prepopulated in the email to be received by 11:59 PM, ET, September 30, 2008. The resolution of the photo must be at least 72 dpi, the size should not be larger than 400x600 pixels and the total size of the file cannot exceed 100K. Limit one entry per person or household regardless of method of entry. All others will be disregarded. All entries become the property of Sure Fit Inc. and will not be returned. Sure Fit Inc. is not responsible for lost, late, illegible and postage-due entries.
4. Winner Selection: A) Twenty (20) Semi-Finalists will be selected from all eligible entries received by September 30, 2008. The selection of Semi-Finalists will be drawn by a panel of judges of Sponsor’s choosing. The twenty (20) Semi-Finalists' photos will be displayed at www.surefit.com from October 13, 2008 to 11:59 PM (ET) October 31, 2008 and the public will be asked to vote for the Ugliest Couch. There is a limit of one (1) vote per person. B) The Grand Prize winner will be chosen by the American public on surefit.com. The criteria for choosing the ugliest couch to be used by Sure Fit employees and the professional judges are: ugliness of overall design and fabric pattern (25%), offensiveness of color (25%), inappropriateness of fabric and inappropriateness of the combination of fabric, color and design as it relates to any period in the recent history of furniture (25%). The uniqueness of the couch as it relates to the above-mentioned criteria will also be taken into account (25%). Should the owner of a couch chosen as a Semi-Finalist not be available to accept the title as Grand Prize winner as specified by Sponsor, regardless of the reason, it will be deemed that the prize-opportunity has been definitively declined and an alternative Grand Prize winner will be chosen.
5. Quantity, Prize, Approximate Retail Value (ARV) and Odds: (1) Grand Prize: A room makeover using interior design services chosen by Sponsor and utilizing Sure Fit products. ARV: - up to $5,000. Winner must cooperate fully or be disqualified and an alternative Grand Prize winner will be chosen. (20) Semi-Finalists: A Sure Fit slipcover of winner's choice from the current catalog. ARV: Up to $200.00 depending on selection. Selection must be made by November 30, 2008. Odds of winning will depend on the number of entries received.
6. General: Contest administration, sweepstakes winner selection and contest and sweepstakes verification will be supervised by Sure Fit Inc. All decisions by Sure Fit Inc. are final. By participating in this Contest, you agree to be bound by these Official Rules. Voting by the public will be conducted on the Internet at www.surefit.com only. There is a limit of one (1) vote per person. Mass entries will be disqualified. Those wishing to vote are responsible for accessing the correct website at www.surefit.com and for all costs, or charges involved in accessing the website and warrant that the cost of accessing the site, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost. Sponsor is not responsible for those who cannot access the Internet or cannot click-through for any period of time or for messages that are garbled or if entry information is not captured correctly on account of technical, hardware, software, telephone, Internet, virus contamination, network, human error or any other problems; and for delay, failure or malfunction for any reason. Sponsor assumes no liability for damage caused to entrant's or any other person's/entity's computer hardware, software or communications network, regardless of cause. Sponsor reserves the right to terminate or modify the online voting or disqualify any entrant if, in Sponsor’s sole judgment, it determines that the integrity or fairness of the Contest has been, or could be, compromised or that the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeur or any other causes. Should this Contest be cancelled prior to October 13, 2008, the twenty (20) top vote recipients as of termination date and time will be the Semi-Finalists in the contest. Should this Contest be cancelled after Game-Start, but prior to September 30, 2008, the semifinalists will be chosen by a panel chosen solely by Sponsor. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the e-mail account. "Authorized Holder" shall mean the natural person assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address (e.g., business, educational institution, etc.). If a potential winner fails to comply with these Official Rules or if prize or prize notification is returned or cannot be delivered, it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected. Should a Contest Semi-Finalist chosen, be an individual younger than twenty-one (21) years of age, the prize will be awarded, in trust for the winner, to a parent or legal guardian. By entering, all participants release and hold harmless Sure Fit Inc., the parties respective parent companies, subsidiaries, successors and their respective directors, officers, employees, advertising, production and web design and hosting agencies, where applicable, one and all, from all liability, including attorneys' fees and costs, regarding participation in the Contest, the receipt and use of prize awarded and, without limitation, from any loss of or damage to property, injury or death while using or misusing the prize. Sure Fit Inc. is not responsible for incidental damage to couch and winner’s possessions during home makeover. Prize winner waives the right 1) to assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize and 2) to any claim which might arise from redeeming or seeking to redeem said prize. Only manufacturers' and service providers' warranties apply to any prize awarded. Sponsor and its officers, directors, affiliates, related entities, partners, partnerships, principals, representatives, agents, licensees, successors and assigns (i) make no warranty, guarantee or representation of any kind concerning the prizes; and (ii) disclaim any implied warranty. The right to receive the prize is non-assignable and non-transferable and no prize substitution, extension, transfer, exchange or cash equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of the prize or force majeur. All individual entries must own the couch or piece of furniture submitted for contest. All federal, state and local laws and regulations apply. All taxes are winner’s responsibility; value of prize will be treated as ordinary income to prize recipient for income tax purposes. All materials submitted become the property of Sponsor and none will be returned or acknowledged except for Semi-Finalists' couches which will be handled as described above. Sponsor and all production and hosting agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. This Contest is conducted in American English. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prizes awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in New York City. All claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest and never shall include consequential, incidental or punitive damages, and in no event attorneys' fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
7. By entering the Contest, you agree to Sure Fit Inc.'s use of your personal information as described in Sure Fit's privacy policy, as stated on the Sure Fit website at www.surefit.com.
8. By entering the Contest, you agree that Sponsor may use your name, voice, likeness and any and all identifying characteristics including, but not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without any further consent or compensation to you, in any media and in perpetuity, unless prohibited by law, and you agree to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. As indicated in section 5, winner must cooperate fully or be disqualified and an alternative Grand Prize winner will be chosen: Sponsor will come to winner’s home and makeover room in which ugly couch resides. Sponsor will take pictures of completed room to use in any media and in perpetuity, unless prohibited by law, and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results. Nothing contained in these Official Rules, however, shall be deemed to obligate Sponsor to make use of any of the rights granted in these rules and by entering this Game you waive any right to inspect or approve any such use of any and every nature and kind.
9. For a Winners list, check the website at www.surefit.com on or about November 15, 2008 until November 30, 2008.
10. This Promotion is sponsored and produced by Sure Fit Inc, 6575 Snowdrift Road, Allentown PA 18106 (“Sponsor”).
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