NO SUBSCRIPTION, PURCHASE, FACEBOOK, TWITTER OR INSTAGRAM ACCOUNT REQUIRED TO ENTER OR TO RECEIVE A PRIZE. A SUBSCRIPTION, PURCHASE, FACEBOOK, TWITTER OR INSTAGRAM ACCOUNT DOES NOT INCREASE YOUR CHANCES OF WINNING.
These Official Rules apply for the “Martha Stewart Happy Howloween" Contest ("Contest") conducted by Martha Stewart Living Omnimedia, Inc., 601 West 26th Street, New York, New York 10001 ("Sponsor"), promoted on www.marthastewart.com/shriekorchic, www.facebook.com/marthastewart, www.instagram.com/marthastewart, www.twitter.com/marthastewart, www.twitter.com/ms_living and www.pinterest.com/ms_living/ and with official rules at www.marthastewart.com/happy-howloween-rules. The Contest will start at 8:00 A.M. Eastern Time ("ET") on October 1, 2014 and will end at 11:59:59 P.M. ET on October 15, 2014 ("Promotion Period"). By entering this Contest, you agree to the Terms in these Official Rules.
1. CONTEST ENTRANTS AND PRIZE RECIPIENTS MUST BE BOTH (A) LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, AND (B) 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 of Sponsor and its subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively, the "Released Entities) and immediate family members (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter. Facebook, Twitter and Instagram are not affiliated with this Contest in any way and are not responsible for the administration of the Contest or the awarding of prizes. All terms and conditions of Facebook.com, Twitter.com and Instagram.com apply. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter. Any questions regarding this Contest must be directed to Sponsor and not to Facebook, Instagram or Twitter. By entering the Contest, each entrant waives, discharges, and releases Facebook, Instagram and Twitter from any and all liability associated with this Contest. By submitting an entry, you understand that you are submitting your information to Sponsor and not to Facebook, Instagram or Twitter. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 PM ET on October 15, 2014.
2. THERE ARE TWO (2) WAYS TO ENTER: To enter via Facebook, Instagram or Twitter: Upload an image of your pet dog(s) dressed in a Halloween costume with the hashtag #shriekorchic on your Facebook, Instagram or Twitter account. Before entering the Contest, the “Photos Are Private” option in the account settings on your Instagram account must be set to “OFF”. If your Twitter account is set to “protected mode”, your updates/responses will not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Contest. To enter via email: Send an email that includes your name, physical address, email address and phone number to email@example.com with the subject line “Martha Stewart Happy Howloween Contest” during the Promotion Period (hereinafter, emails, Facebook, Instagram and Twitter entries are defined individually as "Entry" and collectively as "Entries"). Limit one (1) entry per person, per day. Sponsor is not responsible for computer system, phone line, technical, hardware, software, or program failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections that are human or technical in nature. Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of the Entries in this Contest. Incomplete, unreadable, inaccurate, unintelligible or late Entries, or Entries which otherwise do not comply with these Official Rules will be disqualified. All Entries, upon submission, become the sole property of the Sponsor and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor's discretion. Sponsor reserves the right to, in its sole discretion, cancel, modify or suspend the online portion of this Contest (or the entire Contest) should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Contest, at which time, the selection of the prize winners will be determined in a random drawing from among all Entries received at the time of Contest termination.
3. SELECTION OF WINNERS, JUDGING CRITERIA: At the end of the Entry Period, all eligible Entries will be judged based on the following criteria: Originality (50%) and Creativity (50%). Judging will be performed by a panel of judges selected by the Sponsor in its sole discretion. One (1) winner will be selected based on the criteria set forth above. In the event of a tie, the entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate entries according to the judging criteria listed above. Decision of judges is final and binding on all matters relating to this Contest. Odds of winning depend on the number of Entries received. The potential prize winner will be notified by email on or about October 31, 2014. The potential prize winner will be required to respond to an email from Sponsor with a reply message within twenty-four (24) hours of being announced as a potential prize winner or such potential prize winner will be disqualified. If a potential prize winner (i) does not respond as described above, (ii) is found to be ineligible, or (iii) his/her prize notification or prize is returned as undeliverable, such potential prize winner will be disqualified and, at Sponsor’s sole discretion, an alternate potential prize winner may be selected from the remaining Entries. Sponsor is not responsible for fraudulent calls, or e-mail messages made to entrants not by the Sponsor. Limit one (1) prize per household.
4. There is one (1) Prize Package: One (1) Prize winner will receive a gift set of Martha Stewart Pets® products. The approximate retail value ("ARV") of the Prize package is $75.00. All expenses and costs associated with the acceptance and use of the prizes are the sole responsibility of the prize winner. No cash substitution, assignment, or transfer of any prize permitted. In the event a prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. The prize winner will be solely responsible for all federal, state and local taxes on prizes. The ARV of the prizes set forth above represents Sponsor’s good faith determination of the retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated ARV of a prize is more than the actual fair market value of the prize, the difference will not be awarded in cash or otherwise.
5. CLAIMING PRIZES/RELEASES: Potential prize winners may be required to execute and return a Publicity Release (unless prohibited by law) and a Prize Verification Form to Sponsor within fourteen (14) days of notification. If a selected potential prize winner fails to comply with the Official Rules and/or submit any required documentation within the designated period, such potential prize winner will be disqualified and the prize will be awarded to an alternate potential prize winner in a random drawing from all remaining Entries. All prizes will be awarded provided they are properly claimed. All taxes are solely the responsibility of the potential prize winner, who will receive an IRS Form 1099 reflecting the value of his/her prize.
6. INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor or the Released Entities which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor and the Released Entities reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process. Neither the Sponsor nor any of the Released Entities assumes any responsibility 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. Neither the Sponsor nor any of the Released Entities are responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor or any of the Released Entities due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. NEITHER SPONSOR NOR ANY OF THE RELEASED ENTITIES ARE RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR'S OR SUCH RELEASED ENTITY’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE 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 OR AFFECTED RELEASED ENTITY RESERVES 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 a winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address at time of entry. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the Authorized Account Holder of the email associated with the Entry.
7. GENERAL: By entering this Contest, entrants and prize winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor, any prize provider, and the Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Contest, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law, and (4) acknowledge that Sponsor, any prize provider, and the Released 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. Sponsor may discontinue this Contest at any time. Sponsor may terminate any Contest or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Contest' security and fairness. Sponsor may prohibit individuals from participating in the Contest and disqualify entries if they (1) attempt to enter the Contest through any means other than as described in these Official Rules, (2) attempt to disrupt the Contest or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Contest Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor's decisions with respect to the Contest are final.
8. LIABILITY AND RELEASE: By participating in this Contest, entrants agree to release and hold harmless Sponsor, any prize provider, and the Released Entities from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize hereunder, 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) errors in the administration of the Contest or the processing of entries; or (e) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant's participation in the Contest or entrants receipt, acceptance, use &/or enjoyment of any prize. In no event shall the Sponsor, any prize provider or the Released Entities be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor, any prize provider, and the Released Entities reserve the right to correct typographic, clerical or printing errors in any Contest materials. Sponsor, any prize provider, and the Released 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 winner(s), including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor, any prize provider or the Released 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, any prize provider’s or the Released Entities' control (each a "Force Majeure" event) the Sponsor, any prize provider, and the Released 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, any prize provider or the Released Entities, in their discretion, elect to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, the Sponsor, any prize provider, and the Released Entities reserve the right, but shall have no obligation, to award the prizes from among all valid Entries received up to the time of such Force Majeure event.
10. WINNERS LIST/OFFICIAL RULES: To obtain the names of the Winner (available after October 31, 2014) or a copy of the Official Rules, send a self-addressed, stamped #10 envelope to: Martha Stewart Happy Halloween Contest, c/o Martha Stewart Living Omnimedia, Inc., 601 W. 26th St. 9th Floor, New York, NY 10001. Please specify "Official Rules" or "Winners List". VT residents do not need to affix return postage.
HAVE A QUESTION? Write to us at Martha Stewart Living Omnimedia, Inc., Attn: Lauryn McLaughlin, 601 West 26th Street, New York, NY 10001.
NATURE OF SPONSOR'S BUSINESS: Media and Merchandise. (c) 2014 Martha Stewart Living Omnimedia, Inc. All rights reserved. Facebook and Facebook.com are the trademarks and service marks of Facebook, Inc. All rights reserved. Twitter and Twitter.com are the trademarks and service marks of Twitter, Inc. All rights reserved. Instagram and Instagram.com are the trademarks and service marks of Instagram, Inc. All rights reserved.