2015 “Martha Stewart American Made Audience Choice Award” Contest Official Rules
NO PURCHASE OR SUBSCRIPTION NECESSARY TO ENTER OR WIN. A PURCHASE OR SUBSCIPTION DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
These Official Rules apply for the “Martha Stewart American Made Audience Choice Award” Contest ("Contest") conducted by Martha Stewart Living Omnimedia, Inc. (“MSLO”), with offices at 601 West 26th Street, New York, NY 10001 (“Sponsor”) which will be promoted on http://americanmade.marthastewart.com (“Website”), with official rules available at www.marthastewart.com/americanmade/officialrules. The Contest will start at 12:00:00 AM Eastern Daylight Savings Time ("EDT") on June 17, 2015 and will end at 11:59:59 PM Eastern Standard Time (“EST”) on October 23, 2015. By entering this Contest, you agree to the Terms in these Official Rules.
1. ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States or the District of Columbia, who are 18 years of age or older at the time of Contest registration. In order to be eligible, Entrant’s products should be 100% made in America with the highest degree of U.S. content possible. Employees, officers and directors of Sponsor and its subsidiaries, their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment and marketing agencies and all others associated with the sponsorship, design, execution, production, development and promotion of this Contest, (collectively, “Sponsor and Promotion Entities”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not); past American Made Honorees, American Made Award Winners, and Audience Choice Award winners are not eligible to participate in the Contest. By participating in the Contest, participants release, discharge and hold harmless Sponsor and Promotion Entities, their respective parents, affiliates, subsidiaries, retailers, advertising and promotion agencies and the respective officers, directors, employees and agents of each of the foregoing, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of any prize. By participating, you agree to these Official Rules and to the decisions of the judges and Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
The Contest will consist of three (3) phases, as detailed below:
- Entry Period – Begins at 9:00:00 AM ET on June 17, 2015 and ends at 11:59:59 PM ET on August 31, 2015.
- Finalist Selection Period – Begins at 9:00:00 AM ET on July 10, 2015 and ends at 11:59:59 PM ET on September 14, 2015.
- Public Voting – Public Voting for the Audience Choice Award Winner begins at 9:00:00 AM ET on September 21, 2015 and ends at 11:59:59 on October 19, 2015.
- Announcing Winners –The Audience Choice Award Winner will be announced on or about October 23, 2015.
2. HOW TO PARTICIPATE IN CONTEST: You may enter the Contest between 9:00:00 AM ET on June 17, 2015 and 11:59:59 PM ET on August 31, 2015 (the “Entry Period”). LIMIT one (1) entry per person, per business and per email address for the length of the Entry Period. Any attempt by a person to use multiple email accounts to enter more than once may result in disqualification at the discretion of the judges or Sponsor.
TO ENTER CONTEST: During the Entry Period, visit americanmade.marthastewart.com (“Contest Website”). Next, register for American Made, a part of www.marthastewart.com. Complete all required fields on the nomination registration form with your true and correct information before 11:59:59 PM ET on August 31, 2015. Remember, your form can be saved and published at a later date if you cannot complete the nomination form in one visit. Any nomination profiles not published on or before 11:59:59 PM ET on August 31, 2015 will not be entered into the Contest. Your nomination profile will require you nominate yourself in one of the following four categories: (1) Food; (2) Style; (3) Crafts; and (4) Design as well require you to choose a designated subcategory. You will have to enter basic information about yourself and your business; images and media, including a profile photo and images of your products, process and studio or place of business and a brief essay about your story or business. You may add other optional information that you may think will enhance your profile.
Contest Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Appears to duplicate any other submitted contest entries;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- Contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- Contains any individual other than the Entrant and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to Sponsor;
- Contains look-alikes of celebrities or other public or private figures, living or dead;
- Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
- Violates any law.
By submitting a Contest Entry, each Entrant represents and warrants that his/her Contest Entry is original to the Entrant, that the Contest Entry has not been previously published aside from in prior American Made nominations, and that neither it nor its contents infringes upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property. By submitting a Contest Entry, Entrant warrants and represents that he/she consents to the submission and use of the Contest Entry in the Contest and to its use as otherwise set forth herein. By submitting a Contest Entry, Entrant acknowledges and agrees that Sponsor may receive other Contest Entries under this Contest that may be similar or identical to the Contest Entry submitted by Entrant, and Entrant waives any and all claims he/she may have had, may have, and/or may have in the future, that any other Contest Entry reviewed and/or used by Sponsor may be similar to his/her Contest Entry.
All published Contest Entries submitted may be posted on the publicly accessible Contest Website during and following the Promotion Period. By submitting a Contest Entry, each Entrant acknowledges and agrees that his/her Contest Entry may be posted on the publicly accessible Contest Website and/or other Sponsor websites to be voted on by the public. Promotion Entities are not responsible for any unauthorized use of Contest Entries by third parties. Promotion Entities do not guarantee the posting of any Contest Entry. Entrants agree that they will not use the Contest Entry in conjunction with any other contest during the Contest Period without the express consent of Sponsor in each instance.
Company names, trademarks and any other copyrighted materials (collectively, “Third Party Intellectual Property”) may not be included in any Entry submitted. Any Entry submitted with any Third Party Intellectual Property may be disqualified if such use is deemed impermissible or illegal, as determined by Sponsor in its sole discretion. Use of automated devices is not valid for entry. Any Entry that is submitted with the use of an automated device will be void. Entries must include a valid e-mail address for the Entrant. By entering the Contest and/or submitting or publishing an Entry, the Entrant hereby grants to Sponsor a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce such Entry for any purpose including editorial, advertising, publicity, promotion, marketing, trade and/or other commercial purpose, in any and all media now known or hereafter created, including, without limitation, print, television, and online via any Sponsor website, content licensing partners, third party distribution channels or otherwise, without your prior approval and for no compensation, except where prohibited. In addition, you waive any so-called “moral rights” in and to your Entry, to the extent permitted by applicable law. By entering you further agree to sign any necessary documentation that may be required for Sponsors and its designees to make use of the rights you granted. By entering the Contest and/or submitting an Entry, Entrant warrants and represents that the Entry is 100% the original creation/work by the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party and certifies that Entrant is the creator and sole copyright owner of the Entry.
Without limiting any other terms of these Official Rules, if an Entry does not meet the criteria set forth herein, Sponsor may disqualify and discard the Entry either immediately or at any time during the Contest. By entering the Contest, you acknowledge that Sponsor may obtain other submissions, content or materials that are similar or identical in theme, format or other respects to that submitted by you. You acknowledge that, by submitting an Entry, Sponsor does not waive any rights to use similar or related ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor has the right to review all Entries and all Entries may or may not be posted on the Contest Website or in any other media, in Sponsor’s sole discretion. By entering an Entry, Entrants agree that the Sponsor is not responsible for any unauthorized use of any Entry by third parties. Sponsor is not obligated to use your Entry for any purpose, even if you are selected as a winner and reserves the right to take down any Entry for any reason at any time. ALL ENTRIES MUST BE FINALIZED AND SUBMITTED BEFORE 11:59:59 PM ET ON AUGUST 31, 2015.
3. JUDGING CRITERIA & VOTING: During Entry Period, Entrants’ submitted entries will be made available to the public for view via the americanmade.marthastewart.com website. During the Finalist Selection Period, all eligible Entries in the four categories (Food, Style, Craft and Design) will be judged by a panel of expert judges based on the following criteria:
- Innovativeness, demonstrated creativity and originality of idea (25%)
a. Originality and level of creativity
b. Clearly identifiable customer need
c. Customer value and usability
- Workmanship (25%)
a. Quality of materials used
b. Attention and care paid to product details and/or customer satisfaction
c. Level of craftsmanship involved in production
- Appearance (25%)
a. Unique design aesthetic
b. Visual appeal of product packaging
c. Compelling logo and/or typography
- Embodiment of American Made theme (25%)
a. Use of local components and processes
b. Engagement of local community
Judging will be performed by a panel of judges selected by the Sponsor in its sole discretion. During the Finalist Selection Period, the panel of judges will select up to or around 500 finalists from the four categories as a “Finalist.” Only those Entrants who are selected as Finalists will be eligible for the public voting period to be chosen as the Audience Choice Winner. On September 21, 2015, the public will be able vote for their favorite entries via the Contest Website for the Audience Choice Winner. Persons wishing to vote must enter their name and valid e-mail address, and complete the online registration form on the Contest Website. Each individual will be eligible to vote up to six (6) times a day. Entrants who violate any rule, gain unfair advantage to obtain votes (such as encouraging individuals to create multiple e-mail accounts to vote for their Contest Entry), or seek to obtain winner status using fraudulent means will be disqualified or have their fraudulent votes disqualified.
The decisions of the judges and Sponsor are final and binding on all matters relating to this Contest. Voting will close at 11:59:59 PM ET on October 19, 2015.
4. CONTEST PRIZING: One (1) Audience Choice Award Prize will be awarded.
The Audience Choice Award Prize consists of a trip for winner and a guest to New York City, NY on November 6-8, 2015. Exact details of the prize package are as follows:
- Round-trip coach class air transportation for two (2);
- Three (3) days/two (2) nights in a standard double occupancy room at a hotel of the Sponsor’s choosing;
- Ground transportation to/from airport to hotel, and from hotel;
- $10,000 cash;
- Tickets for winner and a guest to the American Made Event on November 7, 2015;
- A chance to be featured on www.marthastewart.com; and
- A chance to be featured in the Martha Stewart American Made Market.
The Approximate Retail Value (“ARV”) of the Contest Prize is $15,000.00
Travel must be taken during November 6, 2015 – November 9, 2015 or prize will be forfeited and Sponsor will have no further obligation to such winner. In the event that a Prize Winner lives within One Hundred Fifty (150) miles of New York City, NY, Sponsor will provide the Prize winner with round trip ground transportation between the Prize Winner’s residence and New York City, NY in lieu of the round trip coach class air transportation from major commercial airport nearest the winner’s residence. The dollar value difference between the round trip first class air transportation and ground transportation will not be provided to the winner. Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to ground transfers between Prize Winner’s residence and airport of departure, in-room charges (e.g., mini-bar, room service, telephone, movies), gratuities, travel upgrades, baggage fees, and personal incidentals. Prize Winner or his/her Guest will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the winners hotel room will be charged to that major valid credit card or deducted from the deposit provided. Prize Winner and his/her Guest must travel on dates designated by Sponsor and on the same itinerary. In the event the Prize Winner and/or his/her Guest cannot travel on dates designated by Sponsor, Prize Winner may be disqualified and the Prize Winner position may be awarded to the next Entry that received the next highest score, provided sufficient time remains prior to the winner travel date. Travel is subject to terms and condition set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. Sponsor is not responsible for any fees or additional charges resulting from a Prize Winner or Guest change(s) to itinerary or accommodations. In the event, for whatever reason, the scheduled Event is cancelled prior to a trip or during winners trip, that portion of the trip will not be awarded and Sponsor will not provide any compensation or substitution for that portion of the trip. Prize Winner and his/her Guest will be solely responsible for obtaining valid U.S. government photo identification prior to travel and the associated costs for these requirements. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. If the Prize Winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the trip and no other compensation in lieu of the trip will be awarded. Prize Winner and his/her Guest are responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required.
5. WINNER NOTIFICATION: The potential prize winners will receive prize notification via email and/or phone call on or about October 23, 2015. The potential winner will need to respond to the winner notification email with their true and correct contact information within twenty-four (24) hours of issuance. The potential Contest winner will be sent, via email, an Affidavit of Eligibility/Release, a Winner Agreement and an IRS W9 Form. All forms must be completed, signed, notarized (as applicable) and returned to Martha Stewart Living Omnimedia in order to receive the prize. The potential winner then and only then becomes the “Winner.” If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner will be selected from among all remaining entries. The Prize Winner grants Sponsor the right to use and publish his/her proper name and state of residence online in connection with the Contest. Acceptance of a prize constitutes permission for Sponsor and Promotion Entities to take photographs and/or video of the Prize Winner, and use Prize Winner's name and likeness for any and all editorial, trade, advertising and promotional purposes as Sponsor so determines without notice or further compensation, except where prohibited by law. All decisions of the judges and Sponsor shall be binding and final. The Sponsor and the Promotion Entities do not assume any responsibility for any disruption in the Contest caused by circumstance or other unforeseen events outside of the control of the Sponsor or the Promotion Entities. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.
6. PRIZE AWARDING: No prize substitution, cash equivalent of prize, transfer or assignment of prize (or portion thereof) permitted, except by Sponsor in its sole discretion, or as otherwise provided herein. Sponsor reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value, at its sole discretion. The difference between the ARV and actual value of the prize will not be awarded. Any portion of a prize not accepted by a Prize Winner will be forfeited. All prize details are at Sponsor’s sole discretion. Sponsor and Promotion Entities have neither made nor are 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.
8. DISQUALIFICATION: Entrants or participants found tampering with or abusing any aspect of this Contest, as solely determined by Sponsor and the Promotion Entities, will be disqualified. If any votes are disqualified for any violation of any of these Official Rules, Sponsor reserves the right to terminate Entrant's eligibility to participate in the Contest. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning these Official Rules or the Contest and all Sponsor decisions concerning such disputes shall be final. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right, but not the obligation, to award the prizes at random from among the eligible, non-suspect Entries received up to the time of the impairment.
9. LIABILITY & RELEASE: By participating in the Contest, Entrants and participants agree to release and hold harmless the Sponsor and the Promotion Entities, and the respective officers, directors and employees of each, from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Sponsor’s and the Promotion Entities’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Sponsor or the Promotion Entities be liable for attorney’s fees. Entrants and Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and the Promotion Entities reserve the right to correct typographic, clerical or printing errors in any Contest materials. Sponsor and the Promotion Entities are not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of prize winners, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or the Promotion Entities are prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or Promotion Entities’ control (each a “Force Majeure” event) the Sponsor and the Promotion Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Sponsor or the Promotion Entities, in their discretion, elect to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, the Sponsor and the Promotion Entities reserve the right, but shall have no obligation, to award the prize from among all valid and eligible Entries received up to the time of such Force Majeure event.
10. TAX INFORMATION: All applicable federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner. The Audience Choice Award Prize Winner will be issued an IRS Form 1099 to report their winnings.
11. DISPUTES: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. WINNERS LIST: To receive the list of prize winners send a #10 self-addressed stamped envelope for receipt after October 23, 2015 to: “American Made Audience Choice Award” Contest Winners List Request, c/o Martha Stewart Living Omnimedia, Inc. 601 W. 26th St., New York, NY 10001. Vermont residents need not affix return postage.
SPONSOR: Martha Stewart Living Omnimedia, 601 W. 26th St., New York, NY 10001
© 2015 Martha Stewart Living Omnimedia, Inc. All Rights Reserved.