(“Official Rules”)
SPONSOR: Contest is sponsored by Euromarket Designs, Inc., an Illinois corporation, d/b/a Crate and Barrel, the headquarters of which is located at 1250 Techny Road, Northbrook, Illinois 60062 ("Sponsor").
1. ELIGIBILITY: The Crate and Barrel Ultimate Wedding Contest (“Contest”) is open to two-person couples, each member of which:
- Is a legal resident of the fifty (50) United States (excluding Vermont and North Dakota) or the District of Columbia; and
- Is 21 years of age or older at the time of entry; and
- Is engaged to be lawfully married to the other member of the couple at the time of entry (for purposes of these Official Rules the term “lawfully married” also includes couples who intent to unite in a commitment ceremony; “wedding” includes commitment ceremony; and “bridal registry” includes commitment registry), and
- Is ready, willing and able to be lawfully married on a date specified by Sponsor on or before December 31, 2010 (or if a written extension is granted by Sponsor, on or before February 15, 2011), in a wedding arranged by a Wedding Coordinator as set forth below, and potentially broadcast on the Internet and otherwise publicized; and
- Has, along with the other member of the couple, created an eligible bridal registry at crateandbarrel.com (“Website”) subject to the requirements as listed in these Official Rules; and
- Is of good moral character, has never been convicted of a crime of any nature (other than a misdemeanor that did not involve personal injury, drugs or alcohol), and has nothing in his/her background that would be an embarrassment to Sponsor should the couple be selected as the winner of the Contest; and
- Is willing to undergo a background check conducted by Sponsor’s agent and to sign all requested waiver, consent and authorization forms authorizing the release of personal and background information for the purpose of such background check; and
- Is willing to comply in full with these Official Rules and all other terms and conditions of the Contest; and
- Is not excluded from eligibility by these Official Rules and/or the other terms and conditions of the Contest; and
- Must be able to make the necessary time commitment to plan, promote and participate in the wedding before, during and after the actual ceremony; and
- Is willing to be married outside of a religious dwelling.
Each couple, the members of which are in full compliance with the above criteria, shall be referenced herein as an “Entrant” or, collectively with other such couples, as “Entrants.” Each member of an Entrant must be willing to sign an affidavit attesting to the truth of all facts stated in such Entrant’s entry and accompanying materials (described below) and further attesting to the fact that each member of the Entrant meets all eligibility requirements stated above and herein.
Employees and consultants of Sponsor, Phenomenon, Daily Candy, Ventura Associates, Inc., the wedding coordinator chosen by Sponsor (“Wedding Coordinator”), or other advertising or promotion agencies or business partners involved with or are retained to provide services in connection with the Contest, and/or any of their respective affiliates, parent or related entities, subsidiaries, or successors of any such individuals or entities, and their respective immediate family members, are not eligible to enter or win the Contest. For purposes of these Official Rules “immediate family members” is defined as parents, spouses, former spouses, children, grandchildren, dependents, siblings or others similarly related to and/or those living in the same household as the employee in question. All determinations of eligibility shall be made by Sponsor in its sole discretion. By submitting an entry, entering online and/or uploading photos, each member of each Entrant agrees that he/she has read and consents to be bound by and comply with these Official Rules at the time of submission and throughout the Contest.
2. SPONSOR’S DISCRETION: Any exercise of discretion by Sponsor shall mean in Sponsor’s “sole and unfettered discretion.”
3. HOW TO ENTER: The Contest will begin on February 1, 2010 at 12:01 a.m. (CT) and will end on March 31, 2010 at 11:59 p.m. (CT) (“Submission Period”). During the Submission Period, Entrants may visit the Website to enter the contest. To enter, you must (a) set up or have a Crate and Barrel Wedding and Gift Registry with at least 50 Line Items (“Line Items” is defined as each separate category of gifts. For example, twelve [12] wine goblets would represent one [1] Line Item. The total retail value of your registry must equal or exceed $2,000.00, based on the combined value of the items when they are added to the registry); (b) provide a valid name for each member of the Entrant and a valid mailing and/or email address for at least one member of the Entrant for contact and notice purposes hereinafter; (c) write a brief response to the following three (3) topics (each must be 100 words or less): (i) Tell us your love story; (ii) Get down to the nitty-gritty and share three important details of your Ultimate Wedding; and (iii) Of course you want the perfect wedding, but what about all the other days? Describe your everyday dream day; and (d) upload a color photo which shows only Entrant as a couple (recommended format is .jpg) (all such information being referenced herein, individually and/or collectively, as an “Entry”).
Normal Internet access and usage charges imposed by your online service provider will apply and will be your sole responsibility. The Website's database clock will be the official timekeeper of this Contest. For purposes of these Official Rules, all times are Central Time. Limit one Entry per Entrant. You may not set up multiple registries to enter more than once. If a subsequent Entry is received for a member of Entrant with another person, all Entries will be discarded and deemed void. If a subsequent Entry is received for the same Entrant, only one Entry will be used and the remainder discarded and deemed void. In the event one or more Entries are discarded, the Sponsor, in its discretion and by any means it chooses, will select the Entry that will be used (e.g., by order in time received, randomly, first viewed, or any other means or method Sponsor chooses at any given time without regard for consistency between Entries or Entrants). Incomplete Entries at the end of the Submission Period will not be deemed valid Entries.
All Entries (whether complete or incomplete) are and shall at all times remain Sponsor's property as of the time submitted and will not be returned or acknowledged.
4. ENTRY REQUIREMENTS/CLEARANCES:
All of the below requirements and criteria are collectively referred to herein as the “Requirements & Clearances.”
- Automatic Disqualification: In the event any Entry does not effectively meet the Requirements & Clearances, the Sponsor will disqualify and discard the Entry either immediately or at any time during the Contest. Sponsor reserves the right to remove any Entry that does not meet these Requirements.
- Publicity Release: By entering the Contest, the Entrant (and each member of such Entrant) consents to the use of all information in the Entry, including, without limitation, each member’s name, likeness, city of residence and other information, for any and all publicity, or promotional purposes as Sponsor may select in its discretion.
- No Infringement. The content of the Entry must not infringe any person’s or entity’s rights (including, without limitation, intellectual property rights) in any way, including without limitation, the use, without permission, of any copyrighted material, trademarks, logos, company names, labels, symbols, store or building facades, music, photographs, works of art, or images that have been created, distributed, aired or published in any media..
- No Names and Likeness Without Permission: Unless express prior written permission has been obtained, an Entry must not include any individuals’ names (other than those of Entrant or any members of Entrant), in whole or in part, refer to public figures, or contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead.
- Obtain Third-Party Releases: If the Entry contains any material or elements that are not owned by either member of the Entrant and/or are subject to the rights of third parties, including, without limitation, Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents in writing 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.
- No Illegal, Offensive or Inappropriate Content: The Entry must not, in the discretion and judgment of the Sponsor, (1) contain words, images or statements considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or who are disabled, (2) contain any threats to any person, place, business, group or entity, or contain material that is unlawful, (3) contain materials that promote bigotry, racisms, hatred or harm against any group or individual or promotes discrimination based on age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or disability; (4) contain any materials that depict illegal acts, are sexually explicit, libelous, obscene, violent, hateful, slanderous; (5) contain other inappropriate content which includes, but not limited to, any display of smoking, alcohol, illegal drugs, firearms, harming of animals, nudity, provocative/suggestive outfits or poses, or (6) contain content not in keeping with Sponsor’s reputation and image.
5. PUBLIC VOTING TO SELECT FINALISTS: Entries will be posted at the Website for public voting. Sponsor in its discretion reserves the right at any time not to post or to remove any Entry that fails to comply with the standards set forth in Section 4 (and other sections) of these Official Rules. Visitors to the Website will be given the opportunity to vote on eligible Entries during the Contest Submission Period. Anyone may vote, and Entrants (or each member of an Entrant) may vote for their own Entry. Only one vote per email address allowed.
The 50 Entries with the highest number of votes as determined by Sponsor (“Finalists”) will advance to the Final Round for judging to determine prize winners. The Sponsor’s decisions as to numbers of votes for each Entry are final.
Sponsor encourages voters to judge entries based on the criteria set forth in Section 5 below.
Those Entrants who are not selected as a Finalist (“Non-Finalists”) will be eliminated from further consideration except in the unlikely event that, through the judging process, the Judges are unable to name eighteen (18) prize winners. In such instance, the Judges will return to the pool of Non-Finalists in order of votes received, highest to lowest, to name a winner(s).
The Entry receiving the most votes, regardless of whether such Entry is named as one of the 18 prize winners, will win a Top Voter Entry prize as described in Section 6.
6. JUDGING TO SELECT PRIZE WINNERS:
Representatives chosen by Sponsor (the “Judges”) will select all prize winners from the 50 Finalists. The decisions of the Judges are final and binding on all matters relating to the selection of winners. The final judging will take place in or about mid-April 2010. The Finalists will be judged on the following criteria in the Judges’ sole and unfettered discretion:
- Originality and creativity of Entrant’s responses to the topics (50%);
- How well Entry invokes and inspires Crate and Barrel’s lifestyle (30%);
- Entry’s Ranking in public voting (20%) as follows: 1st–10th place in public voting will receive 10 points; 10th–20th place will receive 6 points; 20th–30th place will receive 4 points; and the remaining 20 Finalists will receive 0 points.
Each Entry will be given a score by the Judges based on the above. The Entry with the highest score will be deemed the Grand Prize Winner; the Entries with the next-highest scores (2nd–18th places) will be deemed the Second and Third Prize winners and the Honorable Mention Prize winners, in order of highest to lowest scores. The remaining 32 Finalists will be ranked in total score order, highest to lowest, but will not receive a prize unless a prize winner is ineligible or declines a prize, and such Finalist has the next highest score.
In the event of a tie, the Entry with the highest score in first bullet point above (originality and creativity) will be deemed the winner from among the tying Entries with the highest total score. If ties still remain, the Entry with the highest score in the second bullet point will be deemed the winner from among the tying Entries with the same score in the first bullet point above. If ties still remain, the tying Entries with the same total score and the same score in the first and second bullet points above will be rejudged using the same criteria. All Entries and scores will be retained until eligible winners are chosen for all prizes. Once an Entry or an Entrant is deemed ineligible, however, the Entry will be discarded and not further considered.
7. PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"): ONE (1) GRAND PRIZE (referred to hereafter as “Grand Prize” or “Ultimate Wedding”) will be awarded to the Finalist selected as the Grand Prize Winner (the “Grand Prize Winner”). The Grand Prize will consist of an Ultimate Wedding planned/designed by the Wedding Coordinator, valued at approximately One Hundred Thousand Dollars and No Cents ($100,000) (the “Wedding Budget”). The Wedding Budget includes the Wedding Coordinator’s fee ($11,250) and a $10,000 Crate and Barrel Shop Card, leaving a balance of $78,750 (“Wedding Budget Balance”) to cover items outlined below.
- The date of the wedding is conditioned on the Wedding Coordinator’s availability and the Sponsor’s promotional calendar, and the Wedding Coordinator will decide upon numerous elements of the wedding without input from the Grand Prize Winner. The Grand Prize provided by Sponsor may consist of all, some or any combination of the following, provided that such items, are selected by Wedding Coordinator and the Grand Prize Winner, and approved by Sponsor, and, in the aggregate, do not exceed the Wedding Budget Balance:
- A wedding ceremony officiated by a person selected by Sponsor and the Wedding Coordinator or officiated by an individual chosen by the Grand Prize Winner and approved by Sponsor and the Wedding Coordinator, provided that such individual is legally entitled to perform marriages in the location selected for the ceremony;
- Wedding attire for the couple (may be rented);
- Makeup and hairstyling for the couple;
- Wedding attire for the wedding party (certain outfits of which may be rented), including 4 attendants on each side, one of whom may be a flower girl on one side and one of whom may be a ring bearer on the other side;
- Wedding location and decor;
- Wedding reception, food and entertainment;
- Wedding photographer (to be selected or approved by Sponsor);
- Wedding rings (excluding the engagement ring); and
- Reasonable travel expenses of the Grand Prize Winner, including hotel (if outside the hometowns of either member of the Grand Prize Winner), in connection with any publicity and promotion activities required by Sponsor.
Additional or different features or participants may be requested by the Grand Prize Winner, but are subject to approval by Sponsor and the Wedding Coordinator. Such additions may be the financial responsibility of the Grand Prize Winner.
Each member of the Entrant must be willing to accept choices made by Sponsor and the Wedding Coordinator (with or without input from Entrant) as to significant elements of the wedding, such as, for example, the nature and length of ceremony, the choice of wedding attire, cake, flowers, music, wedding venue and date. Sponsor reserves the right to change the identity of the Wedding Coordinator at any time, in its discretion.
All members of the wedding party and other guests invited to attend the wedding ceremony must complete a liability and publicity release (unless expressly waived in writing by Sponsor), which will be supplied by Sponsor. Individuals who refuse to sign such release may not be invited to and may not be able to attend the wedding.
In addition to the requirements listed elsewhere in these Official Rules, if you are declared the Grand Prize Winner, both members of the Entrant must be willing to undertake all of the following:
- To be interviewed by telephone, and to either appear in a video produced by Sponsor or to submit a video in which both members of the Entrant appears; and
- To make themselves available to travel to any site selected as the site of the Ultimate Wedding; and
- To make themselves available for online or personal appearances, and to ask friends and family to appear as well; and
- To make themselves available to attend meetings and engage in public appearances and photo shoots, as requested by Sponsor; and
- To make themselves available for an interview and/or appearances at the discretion of Sponsor following the Ultimate Wedding.
Entrants must agree, if they are among the Finalists, to make themselves exclusively available to Sponsor for publicity and promotion, and must agree to not allow interviews by other media outlets, including television, magazines, newspapers, radio and internet, and /or by competitors of Sponsor, whether before, during or after the Ultimate Wedding, unless expressly authorized in writing by Sponsor. This obligation shall be and remain in effect from the time the fifty Finalists are announced, through the final promotional appearance of the Grand Prize Winner following the Ultimate Wedding.
ONE (1) SECOND PRIZE: a $7,500 Crate and Barrel Shop Card; ONE THIRD PRIZE: a $2,500 Crate and Barrel Shop Card; and FIFTEEN (15) HONORABLE MENTION PRIZES: a $1,000 Crate and Barrel Shop Card. ONE (1) TOP VOTED ENTRY PRIZE: The Entry that receives the most public votes through the process described in Section 4 above will win a $500 Crate and Barrel Shop Card. Total ARV of all prizes: $125,500.
Shop Cards are only redeemable for merchandise and/or services and are subject to all terms and conditions applicable to such cards as established by Crate and Barrel from time to time, and will be awarded by mail.
8. TAXES; FEES: All expenses not specifically mentioned herein are not included and are solely winner's responsibility. Prizes consist of only those items specifically listed as part of that particular prize. Sponsor reserves right in its discretion for any reason or no reason, to substitute prizes of equal or greater values. No other substitutions or transfers of prizes permitted except Shop Cards, which can be used pursuant to our terms and conditions. Sponsor is responsible only for prize delivery; Sponsor is not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize winners. Such winners will be required to complete a W-9 form and will receive an IRS Form 1099 reflecting the value of his/her prize. In the event that any portion of any prize is canceled or postponed for any reason, Sponsor will have no obligation to award compensation in lieu thereof, and the remainder of the prize will be awarded. Limit one prize per Entrant except in the case where the Top Voted Entry is judged to be a prize winner in which case the Entrant may win two (2) prizes, one (1) of which will be the Top Voted Entry Prize.
9. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: After judging to select prize winners has finished, the potential Grand Prize Winner will be notified by mail at registry address of Entrant. Once the Grand Prize Winner has been verified, the Second Prize Winner will be notified. Once the Second Prize Winner is verified, the Third Prize Winner will be notified. Once the Third Prize Winner is verified, the Honorable Mention winners will be notified. Notification is described as follows: All prize winners will be required to sign an Affidavit of Eligibility and Release of Liability, a W-9 Form and, where legally permitted, Publicity Releases and may be required to sign a Background Check Authorization (“Required Documents”). Second, Third and Honorable Mention Prize Winners will be sent their respective prizes via regular mail within thirty (30) days of when Sponsor receives the Required Documents from the winner. Top Voted Entry Prize winner will receive their prize within thirty (30) days of when public voting concludes.
Any prize may be awarded to an alternate winner with the next highest score if Required Documents are not returned within five (5) business days after mailing to winner or if prize notification or prize is returned as undeliverable. Should a prize notification or prize be returned as undeliverable, Sponsor will not resend notice, research address or make any further attempts at delivery.
Sponsor reserves the right to conduct a background check of the potential prize winner(s) before awarding the prize. If a background check reveals that, in Sponsor’s discretion, any member of the Entrant has engaged in any conduct that would reflect adversely on Sponsor, Sponsor, in its discretion, may disqualify the Entrant.
10. RELEASES: By entering the Contest, each member of each Entrant releases and holds harmless Sponsor, Phenomenon, Ventura Associates, Inc., Daily Candy and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, Entrant’s (and each individual member of Entrant’s) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.
11. INTERNET: Entrant agrees to be bound by these Official Rules and the Privacy Policy (see Section 16 below) of Crate and Barrel. Sponsor is not responsible for any typographical or other error in the submission, the Entry, the printing of the offer, administration of the Contest or the announcement of the prizes. Sponsor is not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other similar causes or causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, then, subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend or terminate the Contest. If technical malfunctions or suspect voting irregularities corrupt the voting process, Sponsor reserves the right, in its sole discretion, to award prizes based solely on the non-suspect votes. In the event of termination, a notice will be posted on crateandbarrel.com and all eligible Entries received prior to termination will be judged per these Official Rules. Any use of robotic, automatic, programmed or similar methods of participation/voting will void all such submissions/votes by such methods.
12. DISQUALIFICATION: SPONSOR RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH AN ENTRY AND/OR THE VOTING PROCESS. SPONSOR RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN ENTRANT, OR ANY MEMBER THEREOF, TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
13. GRANT OF RIGHTS: Each member of an Entrant submitting an Entry irrevocably assigns and transfers all rights, title and interest in the Entry to Sponsor, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all moral rights and all derivative rights) in and to the Entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Each member of the Entrant agrees to execute any documents that Sponsor may require to effect such transfer of right.
14. NO OBLIGATION TO USE: Other than to announce the prize winners, Sponsor shall have no obligation (express or implied) to use any Entry, regardless of whether or not a Finalist or a prize-winning Entry, in any advertising, merchandising or promotion or to otherwise distribute, publicize or exploit any Entry, regardless of whether or not a Finalist or a prize-winning Entry, or, if commenced, to continue the distribution, publication or exploitation thereof, and Sponsor may at any time abandon the use of any Entry, regardless of whether or not a Finalist or a prize-winning Entry, for any reason, with or without legal justification or excuse, and neither Entrants nor prize winners shall be entitled to any damages or other relief by reason thereof.
15. WINNERS' LIST: For a list of winners (after June 30, 2010 and before December 31, 2010), send a self-addressed, stamped envelope to: Crate and Barrel Ultimate Wedding Contest, Winners, c/o Ventura Associates, Inc., Dept. SG, 1040 Sixth Ave., NYC, NY 10018. Winners lists will be sent to requestors and winners’ names also will be posted on crateandbarrel.com after selection and verification of all prize winners.
16. PRIVACY POLICY: By entering the Contest, Entrants agree to Sponsor's use of their personal information as described in Sponsor's Privacy Policy at crateandbarrel.com and to the Sponsor’s sharing of this information with Daily Candy, a marketing partner in this Contest.
17. ADMINISTRATOR: Ventura Associates, Inc., 1040 Sixth Avenue, NYC, NY 10018.
18. OTHER PROMOTIONS: Please note Sponsor may be running similar promotions concurrently or in the future. Your Entry into this Contest is for this Contest only, and you must enter each of any concurrent or future contests separately, and in accordance with any rules, terms or conditions applicable thereto.
19. GOVERNING LAW: The Contest is governed by and subject to the laws of Illinois, and all disputes will be decided in accordance with the laws of Illinois. Void where prohibited by law.