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    31 Mar, 2020
    Posted by justelectric
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    Backyard Paradise Contest Rules | Today’s Homeowner

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    Return to the Contest Entry Form

    https://todayshomeowner.com/

    OFFICIAL RULES

    The
    “Backyard Paradise” Contest (the “Contest”)is intended for legal residents of
    the United States of America and Canada (excluding the province of Quebec) only
    and shall only be construed and evaluated according to the laws of the State of
    Alabama.  Do not enter this Contest if
    you have permanent residence outside of the USA or Canada at the time of entry.

    SPONSOR/ADMINISTRATOR: The Contest is sponsored by Today’s Homeowner Media,
    75 Midtown Park East, Mobile, AL  36606
    (the “Sponsor”) and administered by American Sweepstakes & Promotion Co.,
    Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).

    ELIGIBILITY: The Contest is open and offered only to legal
    residents of the United States of America and Canada (excluding those with
    primary residence in the province of Quebec) who are at least twenty-one (21)
    years of age and current homeowners at the time of entry. This Contest is
    not open to the general public. Employees, officers and representatives of
    the Sponsor, Pavestone (“Prize Provider”), Quikrete (also “Prize Provider”), the
    Administrator, their respective parent companies, employees, officers,
    directors, subsidiaries, affiliates, distributors, sales representatives and
    advertising and promotional agencies, and the officers, directors, agents, and
    employees of each of the foregoing, and members of their immediate families
    (defined as including spouse, biological, adoptive and step-parents,
    grandparents, siblings, children and grandchildren, and each of their
    respective spouses, regardless of where they reside) or households (whether
    related or not) of any of the above (collectively, the “Released Parties”) are
    NOT eligible to participate in this Contest. Non-eligibility or non-compliance
    with any of these Official Rules will result in disqualification. Void where
    prohibited or restricted by law. (For the avoidance of doubt, any
    references in these Rules to Entrants shall also include the Entrant who is
    deemed the Winner (as defined below)).

    AGREEMENT TO
    OFFICIAL RULES:
    By participating,
    those who enter the Contest (“Entrants”) agree to abide by and be bound by
    these Official Rules and the decisions of the Sponsor, which are final and
    binding in all matters relating to the Contest. Winning the Grand Prize (defined
    below) is contingent upon fulfilling all requirements set forth herein.

    TIMING: The Contest will be defined by the two (2) following
    time periods:

    1. The Submission
      Period (“Submission Period”) –
      12:00:01 a.m. Eastern Time (“ET”) on March 30, 2020 through 11:59:59 p.m. ET on
      April 26, 2020.
    2. The Judging
      Period (“Judging Period”) – 12:00:01
      a.m. ET on April 27, 2020 through 11:59:59 p.m. ET on May 3, 2020.

    The
    Sponsor’s database clock is the official time-keeping device for the Contest.

    HOW TO ENTER: During the Submission Period, eligible Entrants can
    be entered into the Contest by going to the Sponsor’s website, www.todayshomeowner.com/backyardparadise (the “Website”), completing the Contest registration
    form, and submitting a brief description (not to exceed 100 words in length)
    of why you need a backyard paradise (the “Theme”). Entrants will also have the
    opportunity to upload/submit a photo or video pertaining to the Theme. Each
    participant must submit at least one (1) photo. Video submission is an optional
    feature of the Contest. All photos and video submissions will be reviewed to
    ensure that the content is appropriate to the Contest Theme. Each completed
    online registration and Theme-applicable description/photo received during the Submission
    Period will account for one (1) valid Contest entry.

    The
    Entrant is responsible for all costs associated with entry. Limit one (1) entry per Entrant. In the
    event that more than one of exactly the same description/photo/video is
    submitted, only the first submission received shall be accepted.

    ENTRY
    REQUIREMENTS/RESTRICTIONS:
    Once submitted, an entry cannot be deleted, canceled or modified. In order to
    be eligible, entries must actually be received by Sponsor during the Submission
    Period.  Entries received by Sponsor
    before the start of the Submission Period or after the end of the Submission
    Period will be discarded and deemed VOID. For purposes of this Contest, an
    entry is “received” when the Website’s servers record the entry
    information.  Proof of submitting a
    Contest entry form online (such as an automated computer receipt confirming
    entry or “thanks for entering” screen or message) will not be deemed by Sponsor
    to constitute proof of actual receipt by Sponsor of an entry for purposes of
    this Contest.  Those who do not follow
    all of the instructions, do not provide the required information in their entry
    form, or do not abide by these Official Rules or other instructions of Sponsor
    will be disqualified.  All entries become
    property of Sponsor and will not be returned or acknowledged. Entries made by
    any other individual or any entity, and/or using any e-mail address other than
    the Entrant’s or any other website, including, without limitation, commercial
    promotion subscription notification and/or entering service sites, will be declared
    invalid and disqualified. Your submission
    of an entry constitutes your representation of eligibility, consent to participate
    in Contest and consent for Sponsor to obtain, use, and transfer your name,
    address, photograph and other information for the purpose of Contest
    administration.

    Entrants represent and
    warrant that their submitted entry is the original work of the Entrant, has not
    been previously published, has not won previous awards, and does not infringe
    upon the copyrights, trademarks, rights of privacy, publicity or other
    intellectual property or other rights of any person or entity and must have
    been created in a legal and safe manner. If the entry contains any material or
    elements that are not owned by the Entrant or provided by the Sponsor, and/or
    are subject to the rights of third parties, the Entrant is responsible for
    obtaining, prior to submission of the entry, any and all releases and consents
    necessary to permit the use and exhibition of the entry by Sponsor in the
    manner set forth in these Official Rules, including, without limitation, name
    and likeness releases for any person who appears in or is identifiable in the entry
    (collectively, the “Clearances”). By submitting an entry, an Entrant warrants
    and represents that he or she consents to the submission and use of the entry
    in the Contest.

    By
    submitting an entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free
    non-exclusive license throughout the world to use, re-use, copy, publish,
    republish in whole or in part, edit, add to, modify, and rearrange the entry in
    whatever media, including without limitation edit, rearrange, and/or copy the
    entry for use in the Contest of Sponsor’s products and services, without
    further permission, consideration or payment to the Entrant, except where
    prohibited; 2) warrants and represents that the Entry is entirely the original
    creation/work of the Entrant and that use of the Entry as described herein will
    not violate any law or infringe upon the rights, title, claim or interest of
    any third party; and 3) certify that Entrant is the creator and sole copyright
    owner of the Entry.

    Entries may not contain any
    image or depiction of the following: (i) materials which include or constitute
    trademarks, trade names or copyrighted works created or owned by any person or
    entity other than Entrant or for which the Entrant has obtained owner’s written
    permission to use (Sponsor’s discretion); (ii) materials bearing profanities,
    or bearing the name or likeness of any celebrity, living or dead; (iii)
    materials which contain visible identifiable or potentially identifiable
    information, including but not limited to, phone numbers, website links, street
    addresses, e-mail addresses or license plate numbers; (iv) inappropriate
    behavior for a general audience; (v) any depiction of real or simulated sexual
    acts; (vi) violence in any form; (vi) materials which violate anyone’s
    reasonable privacy expectations, violate any known agreement, or which are
    defamatory in nature; (viii) materials which are derogatory to Sponsor, or any
    affiliated entity or person; (ix) materials which are discriminatory based on
    race, religion, national origin, physical disability, age, sex, or sexual
    orientation or preference; (x) materials in which any person identifiably
    appears unless Entrant has obtained an appropriate written release from such person
    granting all rights required herein; and, (xi) materials which do not comply
    with all other requirements in these Official Rules.  Entries that do not conform to these
    guidelines will be disqualified. Sponsor reserves the right to reject or
    disqualify any entry which Sponsor, in its sole and absolute discretion,
    determines to be inconsistent with the letter or spirit of the Official Rules
    or potentially damaging to its, the Contest’s, or another’s image or
    reputation.

    GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is
    impaired or incapable of running as planned for any reason, including but not
    limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized
    intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond
    the control of the Sponsor which corrupt or affect the administration,
    security, fairness, integrity or proper conduct of this Contest, 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
    Contest in whole or in part, at any time, without notice and award the Grand
    Prize (defined below) using all non-suspect eligible entries received as of, or
    after (if applicable) this cancellation, termination, modification or
    suspension date, or in any manner that is fair and equitable and best conforms
    to the spirit of these Official Rules. 
    Sponsor reserves the right, at its sole discretion, to disqualify any
    individual deemed to be (a) tampering or attempting to tamper with the entry
    process or the operation of the Contest or Sponsor’s Website; or (b) acting in
    violation of these Official Rules or in an unsportsmanlike or disruptive
    manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY 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 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. 
    Failure by the Sponsor to enforce any provision of these Official Rules
    shall not constitute a waiver of that provision.  In the event of a
    dispute as to the identity of a winner based on an email address, the winning
    entry will be declared 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, online 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.

    RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to
    release and hold harmless the Released Parties from and against any claim or
    cause of action arising out of participation in the Contest or receipt or use
    of any prize, including, but not limited to: (a) any technical errors that may
    prevent an Entrant from submitting an entry; (b) unauthorized human
    intervention in the Contest; (c) printing errors; (d) errors in the
    administration of the Contest or the processing of entries; or (e) injury,
    death, or damage to persons or property which may be caused, directly or
    indirectly, in whole or in part, from Entrant’s participation in the Contest or
    receipt of any prize.  Released Parties
    assume 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. Released
    Parties are not responsible for any problems or technical malfunction of any
    telephone network or telephone lines, computer online 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 Website, 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 Contest or downloading any
    materials in this Contest.  Entrant
    further agrees that in any cause of action, the Released Parties’ liability
    will be limited to the cost of entering and participating in the Contest, and
    in no event shall the Released Parties 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.

    WINNER DETERMINATION: During the Judging Period, each entry will be
    reviewed by a qualified judge or panel of judges appointed by the Sponsor.  Each entry will be judged based on the clear
    relationship between the submission and the following criteria: Originality of
    the overall description (50%) and Relevance to the Contest Theme (50%). Once
    all entries have been graded, the Sponsor will identify (up to) five (5)
    Contest Finalists (“Contest Finalists”). Each Contest Finalist may be contacted
    by the Sponsor with a short interview request. One (1) Grand Prize Winner will
    be selected from the Contest Finalists based on the judges’ scoring/ranking
    according to the aforementioned criteria and interview process. The Grand Prize
    Winner, once confirmed by the Administrator, will be announced at the Website. All
    decisions of the Sponsor (and appointed judge(s)) are final and binding. The
    Grand Prize Winner will be contacted by the Administrator via telephone, email,
    and/or USPS mail.

    Danny Lipford and Chelsea Lipford Wolf
    ‘Today’s Homeowner’ hosts Danny Lipford and Chelsea Lipford Wolf

    GRAND PRIZE: There will be one
    (1) Grand Prize (“Grand Prize”)
    awarded following the conclusion of the
    Contest. The Grand Prize Winner,
    upon proper verification, will receive up to $10,000 (combined value of
    materials & labor) from the Prize Providers that may be a combination of
    pavers, concrete projects, retaining blocks, fire pit, etc. to be determined by
    design team. The Grand Prize package has an Approximate Retail Value of $10,000.
    If actual value of the Grand Prize is lower than the stated ARV when prize is
    procured and fulfilled, then the difference will not be awarded. In addition,
    the Winner and the improvement project will be featured on an episode of
    “Today’s Homeowner”. By accepting the Grand Prize, the Winner acknowledges that
    he/she and his/her home will be featured on “Today’s Homeowner” and that he/she
    must be available for taping (mandatory
    condition of prize acceptance).

    By
    accepting the Grand Prize, the Winner agrees to release the Released Parties
    from any and all liability whatsoever for any injuries, losses, or damages of
    any kind caused by entering the promotion or for damages of any kind caused by
    any prize or resulting from acceptance, possession, or use/misuse of prize
    awarded. All other expenses, including, but not limited to taxes, not
    specifically mentioned herein are the responsibility of the Grand Prize Winner.
    The Grand Prize is not exchangeable, transferable, or redeemable for cash.
    There are no substitutions unless specified by the Sponsor. The Sponsor
    reserves the right in its sole discretion to substitute any prize package with
    another prize of equal or greater value in the event that the prize (or any
    component thereof) is not available as
    determined by the Sponsor in its sole discretion.

    ADDITIONAL PRIZE CONDITIONS: The Grand Prize Winner will be required to sign an
    Affidavit of Eligibility and Liability/Publicity Release (US Winner) or a
    Declaration of Compliance (CA Winner), along with a copy of a valid
    government-issued driver’s license or identification card, and return the
    documents within seven (7) days of written notification. If a prize or prize
    notification is returned as unclaimed or undeliverable to the potential Winner,
    if the potential Winner cannot be reached or does not respond as instructed
    within three (3) calendar days from the first notification attempt, or if the potential
    Winner fails to return requisite document within the specified time period, or
    if potential Winner is not in compliance with these Official Rules, then such
    person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner
    may be selected based on the judges scoring. The Grand Prize Winner is solely responsible
    for all local, state, and federal taxes associated with the receipt of the Prize.
    The Grand Prize Winner will receive a 1099-MISC IRS form for the value of the Prize
    (applicable to US Winner only).

    By
    accepting the Grand Prize, where permitted by law, the Winner grants to the
    Released Parties and those acting pursuant to the authority of Sponsor and the
    Released Parties (which grant will be confirmed in writing upon Sponsor’s
    request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA
    without limitation at any time the Winner’s full name, portrait, picture,
    voice, likeness and/or biographical information for advertising, trade and
    promotional purposes without further payment or additional consideration, and
    without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE
    RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT
    LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES)
    ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION,
    USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE
    OR MISUSE OF THE PRIZE. By participating, Entrants release and agree to hold
    harmless the Released Parties from any and all liability for any injuries,
    death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS
    BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may
    arise from participating in this Contest or its related activities or the
    acceptance, possession, use or misuse of, or any harm resulting from the
    acceptance, possession, use or misuse of the Prize. The Grand Prize Winner also
    acknowledges that Released Parties have neither made nor are in any manner
    responsible or liable for any warranty, representation or guarantee, express or
    implied, in fact or in law, relative to the Prize.

    USE OF DATA: All information
    submitted by Entrants will be treated according to Sponsor’s privacy policy,
    available at http://www.todayshomeowner.com/privacy-policy/.
    By participating in the Contest and providing any personal contact information,
    Entrants hereby agree to Sponsor’s collection and usage of their personal
    information and acknowledge that they have read and accepted Sponsor’s Privacy
    Policy.

    DISPUTES: All issues and questions
    concerning the construction, validity, interpretation and enforceability of
    these Official Rules or the rights and obligations of Entrants, Administrator,
    and Sponsor in connection with the Contest shall be governed by and construed
    in accordance with the laws of the State of Alabama, without giving effect to any
    choice of law or conflict of law rules or provisions that would cause the
    application of any other state’s or jurisdiction’s laws.  By participating in the Contest, Entrant
    agrees that: (i) any and all disputes, claims, and causes of action arising out
    of or in connection with the Contest, shall be resolved individually without
    resort to any form of class action; (ii) any judicial proceeding shall take
    place in a federal or state court within the State of Alabama; (iii) any and
    all claims, judgments, and awards shall be limited to actual out-of-pocket
    costs incurred, including costs associated with entering this Contest, but in
    no event will attorney fees be awarded or recoverable; (iv) under no
    circumstances will Entrant be permitted to obtain awards for, and Entrant
    hereby waives all rights to seek, punitive, incidental, exemplary,
    consequential, special damages, lost profits, other damages, and/or any rights
    to have damages multiplied or otherwise increased; and (v) Entrant’s remedies
    are limited to a claim for money damages (if any) and he/she waives any right
    to seek injunctive or equitable relief.

    Pavestone paver patio with nearby landscaping at a Tennessee home
    Today’s Homeowner’s annual Backyard Paradise Contest is sponsored by Quikrete and Pavestone.

    SEVERABILITY: The
    invalidity or unenforceability of any provision of these Official Rules will
    not affect the validity or enforceability of any other provision. If any
    provision of the Official Rules is determined to be invalid or otherwise
    unenforceable, the other provisions will remain in effect and will be construed
    as if the invalid or unenforceable provision were not contained herein.

    MISCELLANEOUS: These Official Rules contain the full and complete
    understanding with respect to the Contest and supersede all prior and
    contemporaneous agreements, representations and understandings, whether oral or
    written. The headings herein are for convenience only, do not constitute a part
    of these Official Rules, and shall not be deemed to limit or affect any of the
    provisions hereof. No amendment to, or waiver of, any provision of these
    Official Rules shall be effective unless in writing and signed by both Sponsor and
    Administrator.  The waiver by Sponsor or
    Administrator of any provision of these Official Rules shall not constitute a
    waiver of any other provision herein. The rights and obligations hereunder may
    not be assigned by Entrant, whether by operation of law or otherwise, without
    the prior written consent of Sponsor, and any attempted assignment in violation
    of the foregoing shall be null and void. 
    These Official Rules shall be binding upon, and inure to the benefit of,
    the permitted successors and assigns of Sponsor, Administrator, and
    Entrant. 

    WINNERS LIST REQUEST:  To request confirmation of the name, city, and state of the Grand Prize Winner, please send a self-addressed, stamped business size envelope, by June 20, 2020, to: ASC/THM “Backyard Paradise” Contest Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.

    Return to the Contest Entry Form

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