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The Container Store’s Office #FunAndDone Contest

January 23, 2014

Official Rules and Regulations

 

Sponsor:  

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

 

Who may enter?

The Container Store’s Office #FunAndDone 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 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.

 

Contest Period:

The “Contest Period” begins on February 12, 2014 and ends on March 23, 2014.

 

How to enter: 

There are three methods of entry and each contestant may only enter the contest once.

Method #1- Facebook: After signing up for a Facebook account, contestants must go to The Container Store’s Facebook page at facebook.com/containerstore and submit a photograph of their organized space by following the online instructions.

Method #2 – Instagram: After signing up for an Instagram account, contestant must take a picture of their organized space through Instagram and mark it with the hashtag #FunAndDone.  The photographs will automatically upload and publically publish on The Container Store’s Facebook page.  Contestant must log on to The Container Store’s Facebook page at facebook.com/containerstore and claim their picture by following the online instructions.  Prior to awarding any prizes to the winner, the photograph must be claimed.

Method #3- Twitter: After signing up for an Twitter account, contestant must tweet a picture of their organized space and mark it with the hashtag #FunAndDone.  The photographs will automatically upload and publically publish on The Container Store’s Facebook page.  Contestant must log on to The Container Store’s Facebook page at facebook.com/containerstore and claim their picture by following the online instructions.  Prior to awarding any prizes to the winner, the photograph must be claimed.

 

Each properly submitted photograph becomes a contest entry (“Entry”).  All Entries must be received by the end of the Contest Period.

 

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;
  • If entering through Instagram via Method #2, must comply with Instagram’s Terms of Service located at http://instagram.com/legal/terms/;
  • If entering through Twitter via Method #3, must comply with Twitter’s Terms of Service located at https://twitter.com/tos/;
  • Must not contain any identifiable person who has not given permission to be involved in the contestant;
  • Must not include personally identifiable information such as a full name, account number, etc.;
  • Must be the original work of the contestant;
  • Must not have been submitted previously in a promotion  or contest  of any kind;
  • 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 prominently contain any third party logos, insignia, brand names or trademarks other than those of Sponsor;
  • Must not prominently 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:

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 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 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 published on 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 ELIGIBILITY FOR THE PRIZES STATED HEREIN IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR.  By submitting a photograph, Contestant gives Sponsor a royalty free, irrevocable, 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.  Further, Contestant gives Sponsor a similar license to incorporate the photograph into other works, in any form, media or technology now known or later developed, including for commercial, 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.

 

Contest Judging:

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 (1) the relevance of Submission to entry theme and originality; (2) Creative use of space (for example – unique use of vertical space and/or use of products for dual purposes), (3) Technical Quality (for example – focus on sharpness of exposure, depth of field, contrast, lights, etc.); and (4) Visual/Aesthetic Quality (for example – how the Submission is framed, view point, visual impact, etc.  The Judges will select one (1) winner (“Winner”).  All decisions of Judges and Sponsor are final and binding.

 

Prizes and odds of winning:

Winner will receive the following prizes at the applicable time:

  • Month 1: Flowers delivered to the Winner’s home (estimated retail value $100)
  • Month 2: Books by selected authors (estimated retail value $50)
  • Month 3: Coffee gift-set (estimated retail value $75)
  • Month 4: Cookie gift-set (estimated retail value $100)
  • Month 5: First collection of products from The Container Store chosen by The Container Store to compliment Winner’s space (estimated retail value $250)
  • Month 6: iTunes gift card (estimated retail value $50)
  • Month 7: Snack gift-set (estimated retail value $75)
  • Month 8: Candle gift-set (estimated retail value $100)
  • Month 9: Note card gift-set (estimated retail value $100)
  • Month 10: Spa retreat (estimated retail value $100)
  • Month 11: Etsy gift card (estimated retail value $100)
  • Month 12: Second collection of products from The Container Store chosen by The Container Store to compliment Winner’s space (estimated retail value $500)

The estimated aggregate retail value of all of the items in the Prize is $1,600.  Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prizes awarded.  Winner may not sell, assign, transfer, change, exchange, substitute or redeem Prize for cash. Based upon product availability or any other reason, Sponsor reserves the right to substitute a prize of equal value.

 

Claiming prize:

All properly claimed prizes will be awarded.  The winner is responsible for all applicable taxes and acceptance of prize constitutes permission (except where prohibited) to use winners’ name, hometown and likeness by Sponsor and/or other prize providers for purposes of advertising, promotion and publicity in any media without additional compensation or authorization.  The winner must complete and sign an affidavit of eligibility, a liability release, all applicable forms required by taxing authorities and, where permitted, a publicity release. The winner must return these documents within ten (10) days of Sponsor sending or the winner will forfeit the prize.  At the sole discretion of the Sponsor, an alternate winner may be selected after a prize is forfeited.  Tennessee residents need not sign the Publicity Release.  Failure by a winner to timely complete, sign and return the documents or the return of any prize notification as undeliverable will cause prize to be forfeited. It is the entrant’s responsibility to ensure the Sponsor has the correct email address, telephone number, and postal address.  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.

 

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 Container Store’s Office #FunAndDone 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

 

Dispute Resolution and Governing Law

These Official Rules will be governed by and interpreted in accordance with the laws of the State of Texas without regard to any conflict of laws principles.

 

You agree that The Container Store and you will resolve any disputes 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.  Neither you nor The Container Store may bring a claim against the other as a class action, representative action, or private attorney general action.  Neither you nor The Container Store 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 Official Rules 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.

 

In the event of any dispute concerning the Contest or these Official Rules, the parties unconditionally and irrevocably agree that the dispute will be resolved by arbitration (and accordingly they hereby consent to personal jurisdiction over them) exclusively in Dallas, Texas, in accordance with the rules of the American Arbitration Association.  The arbitration will be heard and determined by a single arbitrator.  The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The prevailing party will be entitled to recover its attorneys’ fees and arbitration costs from the other party.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceeding, except as may lawfully be required.

 

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