Contest Rules

MARTHA STEWART LIVING
GIFTS BY YOU CONTEST

OFFICIAL RULES


NO PURCHASE OR SUBSCRIPTION NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.


These Official Rules apply for the Martha Stewart Living "Gifts By You" Contest ("Contest") conducted by Martha Stewart Living Omnimedia, Inc., 11 West 42nd Street, New York, NY 10036 ("Sponsor") which will be promoted on its website at marthastewart.com (the "Website") and in the December issue of Martha Stewart Living. The Contest will start at 12:00:00 AM Eastern Time ("ET") on Monday, November 17, 2008 and will end at 11:59:59 PM ET on Wednesday, December 31, 2008 ("Contest Entry Period"). By entering this Contest, you agree to the Terms in these Official Rules.

  1. ELIGIBILITY: CONTEST ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO AND ALL OTHER TERRITORIES) AND AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID WHERE PROHIBITED BY LAW. CONTEST SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees, agents, officers, and directors of Martha Stewart Living Omnimedia, Inc., SVP Worldwide and RealTime Media, Inc. ("Administrator") and their respective parent companies, subsidiaries, affiliates, dealers, retailers, franchisees, divisions, advertising and promotion, fulfillment and/or judging agencies, (collectively, "Contest Entities"), and their immediate families (parent, child, sibling, or spouse) or households of any such employees are not eligible to enter the contest.

  2. HOW TO ENTER: To enter the Contest online, visit the website at http://www.marthastewart.com/sew between November 17, 2008 and 11:59:59 PM ET on December 31, 2008 and follow the on-screen instructions by submitting your complete name and address, telephone number, email address, and upload a digital photograph no larger than 2 MB of a gift that you have sewn for the holidays into one of four (4) judging categories: Sewing Machine Embroidery, Fashion, Home Decorating/Crafts, and Sewing Machine Quilting (collectively, "Entry"). Digital photograph files must be in .jpeg, .gif or .png format. Digital photograph files in .zip format will not be opened or considered. Entries received after the Contest Entry Period are void and ineligible for consideration by the judges.

    Limit two (2) Entries per person, household, or e-mail address for each category for the Contest Entry Period. Multiple or duplicate Entries may be disqualified. Entries, upon submission, are the property of Sponsor. Sponsor has the right to dispose of the Entries at Sponsor's discretion. Entries that are deemed by the judges to be immoral, obscene, profane, lewd, not in keeping with Sponsor's image, or in violation of these Official Rules will be disqualified. By entering the Contest, Entrants agree that the Sponsor shall have the right to edit, modify, publish, use, reuse, not use, or otherwise exploit the Entry and any materials based thereon or derived there from, in any manner, for any lawful purposes whatsoever, including, without limitation, for use in the packaging, or for promotion or advertising purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, consideration, or payment to the Entrant, except where prohibited by law. By submitting your Entry, you warrant and represent that your Entry is 100 percent original and was created solely by you, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the opinion of the judges or Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, illegible, incomplete, or irregular in any way, or otherwise does not comply with the Official Rules, the Sponsor may disqualify the Entry. Contestants must provide a valid email address. Use of automated devices is not valid for entry.

  3. PRIZES AND THEIR APPROXIMATE RETAIL VALUES ("ARV")

    One (1) Grand Prize: One Grand Prize Winner selected from any of the four (4) categories will win one (1) sewing machine from the following, at Grand Prize Winner's choosing: Husqvarna Viking(R) Designer DiamondTM sewing machine, Pfaff(R) ExpressionTM 2.0 sewing machine, or Singer(R) ConfidenceTM 7470 sewing machine; $1,000 for use at an Authorized Husqvarna Viking, Pfaff or Singer dealership; and the Grand Prize Winner gift will be featured in one (1) issue of Martha Stewart Living in 2009. Approximate Retail Value (ARV) of prize is $499 - $9,999 (ARV depends on which sewing machine the Grand Prize winner chooses).

    Four (4) First Place PRIZES: One First Place Prize Winner from each category will receive one (1) sewing machine depending on the category he or she won, as follows:

    Sewing Machine Embroidery Category: Husqvarna Viking(R) Designer DiamondTM sewing machine. Approximate Retail Value (ARV) of prize is $8999.

    Fashion Category: Pfaff(R) ExpressionTM 2.0 sewing machine. Approximate Retail Value (ARV) of prize is $1499.

    Home Decorating/Craft Category: Singer(R) ConfidenceTM 7470 sewing machine. Approximate Retail Value (ARV) of prize is $499.

    Sewing Machine Quilting Category: QBot by INSPIRATM Automated Quilter; Imperial Quilt Frame, and Pfaff Grand Quilter sewing machine. Approximate Retail Value (ARV) of prize is $9596.

    Total value of all prizes awarded: $19,496 - $30,592. Total ARV depends on which sewing machine the Grand Prize Winner chooses). The difference between the ARV and actual value of the prizes will not be awarded. Specifics of all prizes are at the Sponsor's sole discretion.

  4. JUDGING CRITERIA: The Grand Prize Winner and First Place Winners will be selected from all eligible entries received based on the following judging criteria: originality/creativity (0-40 points), aesthetics (0-20 points), and overall presentation (0-20 points) (Total of 100 points). Judging of Entries will be conducted under the supervision of a representative of Sponsor, whose decisions are final and binding in all respects. In the event of a tie, the tied Entrants will be re-judged by an additional judge who will serve as a tie-breaker using the same criteria as outlined herein. The Entry with the highest number of points will be awarded Grand Prize, and the four Entries with the next highest number of points will be awarded First Place Winners.

  5. PRIZE AWARDING: The Grand Prize Winner and First Place Winners will be notified by e-mail and/or phone on or about February 16, 2009. Sponsor and Administrator are not responsible for fraudulent calls, mail or emails made to entrants not on behalf of the Sponsor. Prizes will only be awarded upon winner verification and final approval of Sponsor and its designees. No prize substitution, cash equivalent of prizes, transfer or assignment of prize permitted, except by Sponsor in its sole discretion, or as otherwise provided herein. Sponsor reserves the right to award a prize or portion thereof of equal or greater value if any prize or portion thereof becomes unavailable. Prize Winners may each be required to execute an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, a publicity release and return within ten (10) business days of issuance of notification. Eligibility, age, and claims made by Prize Winners are subject to verification. As part of the affidavit, Prize Winners agree to irrevocably grant Sponsor the royalty-free right throughout the world to edit, modify, publish, use, reuse, not use, or otherwise exploit the Entry, and any material based thereon or derived there from, in any manner, for any lawful purposes whatsoever, including, without limitation, for advertising and promotional purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, consideration, or payment to the Entrant, except where specifically prohibited by applicable law. In the event a Prize Winner is deemed a minor under the jurisdiction of his/her state of residence, the Prize Winner's parent or legal guardian will be required to sign and return all documents. If Prize Winner of any Contest prize cannot be contacted; is ineligible; fails to properly claim the prize in accordance with these Official Rules; if the prize notification/prize is returned undeliverable; or if the winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate Winner will be chosen from among the remaining eligible entries. Sponsor reserves the right to award only the number of prizes stated in Paragraph 3.

  6. DISQUALIFICATION: Contest Entities are not responsible for: (i) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants' or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (iv) any entries submitted in a manner that is not expressly allowed under these rules; or (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with utilized in the Contest. All incomplete or non-conforming entries will be disqualified. If for any reason this Contest cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Contest, or if this Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, or if fire, flood, explosion, war, embargo, government requirement, fraudulent, criminal or grossly negligent acts, security breaches, civil or military authority, terrorism, acts of God, acts or omissions of carriers, or any other cause beyond Sponsor's control, interferes with the Contest proper conduct as contemplated by these Official Rules, as determined by Sponsor in its sole discretion, the Sponsor, may, without prior notice, terminate, modify or suspend the Contest, in whole or in part. If this Contest is terminated before the original end date, at which time, the judging of all eligible, non-suspect entries received as of the termination date/time will be conducted as described in Paragraph 4 above. In the event of termination of the Contest, Sponsor will post notice regarding the termination on the website. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method. This Contest may be cancelled in the event an insufficient number of qualified Entries are received that do not meet the minimum standards established by the judges.

    The Contest 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 Contest 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.

  7. GENERAL: By entering this Contest and/or accepting a prize, entrants and Prize Winners: (1) agree to be bound by these Official Rules; (2) agree to release, indemnify, and hold harmless Sponsor and Contest Entities from any and all liability for any claim, loss, harm, damages, regulatory action, costs, or expenses (including without limitation property damages, personal injury, and/or death) arising out of participating in this Contest, the acceptance, possession, use, or misuse of a prize, or claims based on publicity rights, defamation or invasion of privacy, copyright infringement, trademark infringement, or infringement of any other intellectual property right; (3) agree to share information contained in their Entry with Sponsor and Contest Entities; (4) consent to the use of their names, voices, photographs, and/or likenesses, biographical information, and all materials submitted to Sponsor, and any material based thereon or derived there from, for advertising and promotional purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without additional permission or compensation unless prohibited by law; and (5) agree to participate in any and all publicity and promotional activities (except where prohibited) in connection with this Contest.

  8. INTERNET: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND CONTEST ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any entry based on an e-mail address, the entry will be declared made by the Authorized Account Holder of the email address submitted at 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, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

  9. TAX INFORMATION: All federal, state, local, and other income taxes on prizes are the sole responsibility of the applicable winner, and each winner may be issued an IRS Form 1099 for the value of his/her prize.

  10. GENERAL INFORMATION: This Contest is conducted in English (which will be given its everyday ordinary meaning), and any and all disputes will be resolved in the appropriate courts in the Commonwealth of Pennsylvania, exclusively, and subject to the laws of the Commonwealth of Pennsylvania. Should there be a conflict between the laws of the Commonwealth of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Pennsylvania. Entrants irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

  11. WINNERS LIST: To receive a list of winners, send a #10 self-addressed stamped envelope for receipt by January 31, 2009 to: Martha Stewart Living Gifts By You Contest Winners List Request, 1060 First Avenue, Suite 201, King of Prussia, PA 19406.

  12. Do you have a question? Visit our website and email us at website@marthastewart.com or write us at Martha Stewart Living Omnimedia Inc., 11 West 42rd Street, New York, NY 10036.

Sponsored by:
Martha Stewart Living Omnimedia, Inc.
11 West 42nd Street, 25th Floor
New York, NY 10036

Administrated by:
RealTime Media, Inc.
1060 First Avenue, Suite 201
King of Prussia, PA 19406

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