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Organized Shower of Your Dreams Contest

January 24, 2014

Official Rules and Regulations

 

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

 

Who may enter?

The Container Store’s Organized Shower of Your Dreams 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 at the time of entry.  Void where prohibited 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 begins March 1, 2014 and ends March 31, 2015 (the “Contest Period”).

 

How to enter: 

Individuals may visit The Container Store’s Facebook page located at http://www.facebook.com/containerstore and select the tab for the Organized Shower of your Dreams Contest to be directed to the entry form; or, individuals may visit The Container Store’s Pinterest page located at http://www.pinterest.com/containerstore and select the “Organized Shower of your Dreams Contest” pin to be directed to the entry form.   Entrant must follow the instructions and submit the required information on the entry form.  Each online entry must contain a valid email address, the entrant must follow The Container Store on Pinterest, and the entrant must create an organized shower board in accordance with the theme of the contest (together a “Contest Entry”).

Each individual is limited to a maximum of one (1) total Contest Entry.  Sponsor will not be responsible for lost, late, incomplete, stolen, illegible, or misdirected entries due to any reason.  The Sponsor reserves the right to disqualify, at its sole discretion, all entries with irregularities or deemed to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part.    Incomplete entries and/or entries containing inaccurate information will be void at Sponsor’s sole discretion.  Entries must be received by 11:59 PM CST on the last day of the Contest Period.  No entry will be returned or acknowledged.

 

Entry Guidelines and Contest Restrictions:  Each Contest Entry:

  • Must comply with Pinterest’s Acceptable Use Policy located at: https://about.pinterest.com/use/;
  • Comply with all other entry guidelines and requirements;
  • Must not include personally identifiable information;
  • 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 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 Contest Entry is created.

 

Contest Judging:

A panel of Judges appointed by the Sponsor (the “Judges”) will review all Entries received during each applicable Contest Period.  The Judges will evaluate each Contest Entry according to (1) the relevance of the Contest Entry to the theme of the Contest, entry guidelines, and originality; (2) Creative collection of pins (For example – pins that reflect the unique use of vertical space and/or use of products for dual purposes), (3) Technical Quality  of the pins (focus on sharpness of exposure, depth of field, contrast, lights, etc.); and (4) Visual/Aesthetic Quality of the pins (how the pin is framed, view point, visual impact, etc.  The Judges will select one (1) winner each month of the Contest from all submissions received by the last day of the then-current month during the Contest Period (each a “Winner”).  Winner may only win once.  All decisions of Judges and Sponsor are final and binding.

 

Prizes and odds of winning:

A total of one (1) winner will be selected from one (1) of thirteen (13) contest selections from all of the eligible Contest Entries received by the end of each month during the Contest Period (Entry Cut-off Date).  Winners will receive one (1) merchandise store more card from The Container Store valued at one thousand dollars ($1,000).  The selection will be held within seven (7) days after the Entry Cut-off Date.  Winners will be notified within seven (7) days after the selection via the contact information provided on the entry form.  The estimated aggregate retail value of all of the items in the Prize is $13,000.  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 http://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.

Grant of Rights:

By submitting a Contest Entry and pinning images to a Pinterest Board in connection with the Contest (“Pinterest Board”), entrant irrevocably grants to Sponsor the right (but not the obligation) to publish a link to the entrant’s Pinterest Board.  Each entrant irrevocably waives any and all so-called moral rights in any copyrighted work that he/she may have in the Pinterest Board and its images.

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(s), mail your name and complete address on a 3 x 5-inch card in a standard business envelope to The Container Store, Attn: Legal Department, RE: Organized Shower of Your Dreams 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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