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Life is good & The Container Store Facebook Contest Official Rules and Regulations

August 19, 2013

Life is good & The Container Store Facebook Contest

Official Rules and Regulations

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.

Sponsor:  The Container Store, Inc., 500 Freeport Pkwy., Coppell, TX 75019

Who may enter?

The Life is good & The Container Store Facebook Contest (the “Contest”) is open to legal residents of the United States and the District of Columbia who are at least 18 years of age.  Void in Rhode Island and where prohibited or restricted by law.  The following persons are not eligible to enter the Contest: (a) employees of Sponsor, its affiliates or subsidiaries, (b) employees of any organizations directly involved with this promotion, (c) immediate family members or persons living in the same household as the persons identified in (a) or (b) above. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this promotion.

The “Contest Period” is comprised of two separate Phases as follows: Phase 1: “Submission and Initial Judging” begins on August 19, 2013 and ends at 11:59PM CST on September 12, 2013.  Phase 2: Public Voting” begins on September 16, 2013 and ends at 11:59PM CST on September 19, 2013.

How to enter: 

A purchase will not improve chances of winning.  During Phase 1, Contestants must logon to http://www.facebook.com/containerstore (the “Page”).  If Contestant does not already “Like” the

Page, the Contestant must “Like” the Page.  After following the on-screen instructions, the Contestant must then provide all required information requested on the Entry Form. Next, the Contestant must submit a photograph or video (the “Submission”) that complies with the Submission theme as set forth on the Page.  The Submission, together with the Official Entry Form, shall be referred to as the “Entry” and collectively as “Entries”.  All Entries must be received by the end of Phase 1. All Entries become the sole property of the Sponsor and will not be returned.

Entry Guidelines and Contest Restrictions:  Each Entry:

  • Must comply with Facebook’s Terms of Service located at: http://www.facebook.com/legal/terms?ref=pf;
  • Must submit an Submission that:
    • Is in a format and sized so that it is acceptable by Facebook;
    • Complies with all other Entry Guidelines and Requirements;
  • Does not contain any identifiable person other than the Contestant.
  • Must not include personally identifiable information;
  • Uses the Submission theme set forth on the Page;
  • Must be the original work of the Contestant;
  • Must not have been submitted previously in a promotion  or contest  of any kind and has not been exhibited or distributed previously in any media;
  • Must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement;
  • Must not disparage Sponsor or any other person or party affiliated with the Contest;
  • Must not in any way contain any third party logos, insignia, brand names or trademarks other than those of Sponsor or Life is good;
  • Must not contain third-party images, sculptures, or artwork that are not the original work of the Contestant;
  • Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • Must not contain any offensive or vulgar language nor depict any pornographic or illegal act;
  • Must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • Must not contain material that is unlawful, in violation of, or contrary to the laws or regulations of the United States or the local jurisdiction where the Entry is created.

General Submission Terms:

By submitting an Entry, Contestant hereby grants permission for the Submission to be posted on the Page or other websites.  Contestant agrees that Sponsor is not responsible for any unauthorized use of Submissions by third parties.  By entering the Contest, Contestant agrees that the Entry conforms to the Official Rules, including but not limited to the Guidelines and Restrictions as defined above and that Sponsor may remove the Entry and disqualify Contestant at any time from the Contest if Sponsor believes in its sole and absolute discretion that the Entry fails to conform to the Guidelines and Restrictions or Official Rules.  By uploading a Submission, Contestant agrees that his/her first name, last initial, city and state may be used to identify him/her when the Submission is posted to the Page or other websites or promotional materials.

EACH CONTESTANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE  WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY OTHER THAN THE PRIZES STATED HEREIN IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH  ENTRY BY SPONSOR.  By uploading a  Submission, Contestant  consents  to give Sponsor a royalty free irrevocable, perpetual,  non-exclusive license to use, reproduce, modify, copyright, publish create derivative works from and display such Submission in whole or in part, on a worldwide basis and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes without any compensation or notice, in perpetuity.  If requested, Contestant must sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Contestant is granting to use the Submission.

Contestant acknowledges and agrees that: (i) all copyrights and trademarks (the “Property”) that are in the name of and/or owned by Sponsor shall be and remain the sole and complete property of Sponsor; (ii) Contestant shall not at any time acquire or claim any right, title or interest of any nature whatsoever in such Property by virtue of Contestant’s use thereof in connection with the Contest; and (iii) any right, title or interest in or relating to the Property which comes into existence during the Contest as a result of Contestant’s use of the Property shall immediately and automatically vest in Sponsor.  Contestant agrees never to contest or assist others in contesting Sponsor’s ownership of the Property.

Although all Entries will be reviewed by the Sponsor, before being judged, posted or published, the posting or publication of an Entry does not mean the Entry has been deemed to be in compliance with these Official Rules. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsor, in Sponsor’s sole discretion, will be disqualified and, if posted on any websites related to this Contest, removed there from.

Contest Judging:

During Phase 1, a panel of Judges appointed by the Sponsor (the “Judges”) will review all Entries received during each applicable Entry Period.  The Judges will judge each Entry according to the relevance of Submission to entry guidelines and originality.  The three Entries with the highest scores will be declared “Finalists” before the start of Phase 2.  The three Finalists’ Entries will be featured on the Page for public viewing, along with the Finalist’s first name, last initial, and the city and state where he/she is from.  All decisions of Judges and Sponsor are final and binding.  During Phase 1, no one will be allowed to Vote.

Voting and Winner Selection:

During Phase 2 a Voter must logon onto the Page and Vote for one of the three Finalists.  A Voter can only vote for the same Submission once each day.  The Finalist with the highest number of votes by the end of Phase 2 will be the Winner.  In the event there is a tie, the Sponsor will choose the Winner. All decisions in all matters relating to this Contest made by Sponsors are final.

Prizes and odds of winning:

The Winner will receive one merchandise Store More Card redeemable for merchandise at The Container Store valued at five-hundred dollars ($500) (the “Card”) and a guitar signed by several of the performers who will play at the Life is good Festival.  The Card is redeemable for future purchases in any of The Container Store retail locations or online at containerstore.com for merchandise only.  The Card is subject to terms listed on its back and the Card is non-transferable and cannot be redeemed for cash.  Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prizes awarded.

Claiming prize:

All properly claimed prizes will be awarded.  The winner is responsible for all applicable taxes, must sign an Affidavit of Eligibility and compliance with rules/release, and all other applicable forms required by a taxing authority within ten (10) days of prize notification being sent or prizes will be forfeited.  By accepting the prize, the winner consents to Sponsor’s use of his/her name, photograph and/or likeness, address, voice, and statements made by or attributed to them in perpetuity, in any and all media now known or hereafter developed for all business purposes without additional compensation unless prohibited by law.  In the event of a dispute as to the identity of a winner based on an email address, the winning 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 email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

Privacy: 

Sponsor will be collecting personal data about entrants in accordance with Sponsor’s privacy policy.  Please review the Sponsor’s privacy policy at containerstore.com.  By participating in the Contest, you agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy.

Limitation of liability:

By entering, participants release and hold harmless Sponsor, its parent, subsidiary and affiliated companies, respective subsidiaries, directors, officers, employees, and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this promotion or acceptance or use of any prize won.

Miscellaneous conditions:

SPONSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THIS PROMOTION.  ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE DURATION OF THE PROMOTION.  IN NO EVENT WILL SPONSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR ANYONE ELSE INVOLVED IN THE CREATION OR OPERATION OF THIS PROMOTION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.  The above disclaimers do not apply in states where prohibited.

The Sponsor assumes no 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.  The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of 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 participation in this promotion or downloading any materials in this Contest. If for any reason this promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the promotion. Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the promotion.

This promotion is offered only in the continental United States.

The Prize will be sent to the verified winner by certified mail, return receipt requested or courier.  For the name of the winner, mail your name and complete address on a 3”x5” card in a first class stamped envelope to The Container Store, Attn: Legal Department, RE: The Life is good & The Container Store Facebook Contest, 500 Freeport Pkwy.  Suite 100, Coppell, TX  75019 by the end of the Contest Period.

AGREEMENT TO ARBITRATE DISPUTES, WAIVER OF RIGHT TO JURY TRIAL, AND WAIVER OF RIGHT TO BRING OR PARTICIPATE IN CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS

You agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings.  You hereby waive any right to a jury trial of any dispute you have with The Container Store (“Sponsor”).  Neither you nor Sponsor may bring a claim against the other as a class action, representative action, or private attorney general action.  Neither you nor Sponsor may act as a private attorney general or class representative, nor participate as a member of a class of claimants, with respect to any dispute or claim between us.  These Terms of Service evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. (“FAA”).

As used in this arbitration agreement and waiver, the terms “Sponsor” and “you” include Sponsor’s and your respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns.  This arbitration agreement and waiver will be interpreted broadly, and will encompass all disputes between you and Sponsor, including, but not limited to claims that relate in any way to the relationship between you and Sponsor, your participating in this Contest, regardless of legal or equitable theory.

This arbitration agreement and waiver does not preclude you from seeking action by federal, state, or local government agencies.  Such agencies can, if the law allows, seek relief from us on your behalf.  Moreover, you and Sponsor have the right to bring qualifying claims in small claims court.

Arbitration of any dispute or claim must be initiated within one year after the date on which the basis for the dispute or claim first arises, or within the period of time provided by applicable statute of limitations or other law, whichever is shorter.  Unless you and Sponsor both agree otherwise, the arbitrator may not join your claim(s) or Sponsor’s claim(s) with any other claim, and may not preside over any representative or class proceedings.  All disputes between you and Sponsor shall be governed by and resolved in accordance with, the laws of the United States of America and the State of Texas, without regard to their choice of law provisions.

Each party retains the right to apply to any court of competent jurisdiction for provisional and/or conservatory relief, including pre-arbitral attachments or injunctions, and any such request shall not be deemed incompatible with this agreement to arbitrate, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.

The arbitration will be conducted by the JAMS dispute resolution service.  To initiate arbitration, you or Sponsor must submit a claim to JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225, (214) 744-5267, with notice to the other party by certified mail.  Notice to Sponsor should be sent to: The Container Store, Inc.  Attn: Legal Department, 500 Freeport Pkwy, Suite 100, Coppell, TX 75019.  For more information regarding JAMS, you may visit its website at http://www.jamsadr.com/.  The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”) in effect on the date of commencement of the arbitration, as modified by these Terms of Service.  The arbitration will be conducted by a single arbitrator, selected in accordance with the JAMS Rules.

Unless the arbitrator decides or the parties mutually agree otherwise, the arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise.  The parties will, at a minimum, exchange all documents upon which they intend to rely in the arbitration, within sixty (60) days of commencement of the arbitration.  The arbitrator will have the power to require either party to provide the other with additional documents, as reasonably necessary for either party to assert its claims or defenses in the arbitration.

If the arbitrator determines, at the request of a party or independently, that the personal presence of the parties is necessary, then the arbitrator may direct the parties to participate and the parties agree to do so.  In that case, the parties agree that the place of the arbitration shall be at a mutually agreeable location in Dallas County, Texas.

For any arbitration in which you claim less than $1,000, Sponsor will reimburse you for the cost of your filing fee with JAMS and will pay all of JAMS’ other costs and fees.  For claims between $1,000 and $10,000, you will pay any filing fee required by JAMS, and Sponsor will pay all of JAMS’ other costs and fees.  If you bring a claim for more than $10,000, payment of fees and other costs to JAMS will be governed by the JAMS rules.  Except to the extent authorized by statute and awarded by the arbitrator, each party will otherwise bear the cost of preparing and presenting its own case.

If the arbitrator determines that any claim brought by you is frivolous, or if the arbitrator’s award to you is less than the amount offered to you by Sponsor prior to arbitration in exchange for a settlement and release of your claim, then payment of JAMS’ costs and fees will be governed by the JAMS rules, and you agree to reimburse Sponsor for any costs or fees that it paid that otherwise would have been your responsibility under the JAMS rules.

In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and Sponsor of the reasons for his or her decision.  The arbitrator may award declaratory or injunctive relief, but only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party’s individual claim.  Any award may be confirmed and enforced in any court of competent jurisdiction.  All post-award proceedings will be governed by the FAA.  Any proceedings to enforce, vacate, or modify any arbitration award will be governed by the laws of the State of Texas, without regard to its choice of law provisions.

The content of the arbitral proceedings and any rulings or award shall be kept confidential by the parties and the arbitrator except:  (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award or other relief granted by the arbitrator in bona fide legal proceedings before a state or federal court or other judicial authority; or (ii) with the consent of all parties.  Notwithstanding anything to the contrary in this Agreement, either party may disclose matters relating to the arbitration or the arbitral proceedings where necessary for the preparation or presentation of a claim or defense in this arbitration.

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