Official Rules - Metropolitan Bath and Tile Bathroom Makeover Contest

Updated 10:15 PM EST, Mon, Sep 7, 2009

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Official Rules
July 9, 2009-October 12, 2009

PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void outside the WRC terrestrial geographic viewing area and where prohibited. The Metropolitan Bath and Tile Bathroom Makeover Contest begins on July 9, 2009 at 9 a.m. ET and ends on October 12, 2009 at 5:00 p.m. ET (“Contest Period”). All times in this Contest refer to Eastern Time (“ET”). Contest is subject to all applicable federal, state and local laws.

TO ENTER: To enter, access the WRC website at www.nbcwashington.com and search for the keywords “Metro Bath.” Click on the Contest icon and follow the instructions provided to download the entry form, which includes your name, address, telephone number, email address, and date of birth. If you are nominating someone else, the nominee must meet all requirements outlined in these Official Rules, including but not limited to those listed in the Eligibility section below, and the above information must be included for the nominee as well as yourself.

In order to enter the Contest, you will be required to submit a nomination essay (“Essay”) of two hundred fifty (250) words or less on the following theme – “Why Do You, Or Someone You Know Deserve A Bathroom Makeover?”– and one (1) photo (“Photo”) taken during the Contest Period of the bathroom in need of a makeover with any/all damage clearly visible.

Complete the entry form and mail it, along with the Essay and Photo (collectively, “Entry”), to Metropolitan Bath and Tile Bathroom Makeover Contest, NBC4, 4001 Nebraska Avenue NW, Washington, DC 20016, Attn: Advertising & Promotion Department,

All Entries become the property of WRC, 4001 Nebraska Avenue, NW, Washington, DC 20016, NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, the Greater Washington Urban League, 2901 14th Street NW, Washington, DC 20009, and Metropolitan Bath and Tile, 11132 Rockville Pike, Rockville, MD 20852 (collectively, “Sponsors”), and will not be acknowledged or returned.

You must submit your Essay and Photo to enter and be eligible for the Contest. Your Essay must be original (that is, written by you), true and verifiable, handwritten or typed legibly in the English language, and no more than two hundred and fifty (250) words in length. You must have the permission of any person that you nominate for a home makeover in your Essay. The Photo cannot have been taken in a studio or by a professional photographer. Other than minor changes to lighting and coloring, the Photo must not have been altered or edited in any manner that distorts the original photograph. You must have the permission of all persons appearing in your photo for you to submit your Photo. By entering the Contest, entrants each grant Sponsor, WRC, and NBC Universal, Inc. (“NBCU”) the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Essay and/or Photo and to incorporate the Essay and/or Photo in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that Sponsor and NBCU’s reproduction, publishing, displaying, and/or other use of their Essay and/or Photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Essay and/or Photo containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsor’s or WRC’s standards for any reason, as determined by Sponsor and WRC in their sole discretion, may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsor, WRC and NBCU shall have no obligation to copy, publish, display, or otherwise exploit the Essay and/or Photo.

The Contest will consist of three (3) separate monthly judging periods in August, September and October 2009. Any non-winning Entries will roll over to any subsequent monthly judging periods. Entries must be received before 5:00 p.m. ET on zOctober 12, 2009 to be eligible for the Contest’s final monthly judging period. Limit one (1) Entry per person or household for the duration of the Contest Period. Each bathroom may only be associated with one (1) Entry.

Multiple Entries received from any person or email address beyond the foregoing limits will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason including, but not limited to, computer or network malfunction or congestion are void and will not be accepted. In case of a dispute over the identity of an entrant who submitted a potentially winning Entry, Sponsors reserve the right to deem that the Entry was submitted by the registered subscriber of the email address submitted in the Entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.

ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located and reside in the WRC terrestrial geographic viewing area in the District of Columbia, and the counties of Allegany, Calvert, Charles, Frederick, Montgomery, Prince George’s, St. Mary’s and Washington in the state of Maryland; and Arlington, Clarke, Culpeper, Fairfax, Fauquier, Frederick, King George, Loudoun, Page, Prince William, Rappahannock, Shenandoah, Spotsylvania, Stafford, Warren and Westmoreland in the state of Virginia; and Berkeley, Grant, Hampshire, Handy, Jefferson, Mineral and Morgan in the state of West Virginia, and Fulton in Pennsylvania who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Period. Additionally, contestants, or their nominees as applicable, must be the owners of a single-family home, condominium, or townhouse meeting the following specifications: no insect infestation, the house’s foundation must be stable and even and undamaged by water or cracks, and the house must not have an exterior leak causing internal water damage. Any contestants not meeting the foregoing requirements shall be ineligible to win.

Officers, directors, and employees of Contest Entities, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsor, WRC, NBCU, the Greater Washington Urban League, their respective parent, subsidiary, and affiliate companies, their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.

WINNER SELECTION AND NOTIFICATION: On or about August 17, 2009, September 14, 2009, and October 14, 2009, a panel of qualified judges consisting of representatives from the Greater Washington Urban League will review all Entries received during each monthly judging period and will select up to ten (10) monthly finalists based on the following judging criteria measured on a 100-point scale: demonstration of compelling need for a bathroom makeover (seventy (70) points), clarity of Photo’s display of damaged areas (fifteen (15) points), and creativity/originality of the Essay (fifteen (15) points) (“Judging Criteria”). A panel of qualified judges comprised of employees of Metropolitan Bath and Tile will then review the monthly finalist Entries and select one potential winner based on the Judging Criteria. If for any reason, upon a home visit from a Metropolitan Bath and Tile representative, the selected recipient’s bathroom does not meet the Metropolitan Bath and Tile makeover criteria as outlined in these Official Rules, potential winner may be disqualified and at Sponsors’ sole discretion and time permitting, the runner-up with the next highest score based on the Judging Criteria will be declared the potential winner.

Sponsors reserve the right to select less than ten (10) or no monthly finalist Entries and extend the Contest Period or cancel the Contest, if they do not receive a sufficient number of eligible and qualified entries. In the event of a tie in any portion of the Contest judging process, an additional, “tie-breaking” judge will determine the monthly finalist and/or winner as applicable from such tied Entries using the Judging Criteria. In the event that Entrant nominates another person for the bathroom makeover, the winner will be the nominee not the nominator, and such nominee must satisfy all applicable requirements of potential winner outlined in these Official Rules or prize may be awarded to the runner-up with the next highest score based on the Judging Criteria, at Sponsors’ sole discretion. Sponsors’ and Judges’ decisions are final and binding on all matters relating to this Contest.

Contest Entities will make two (2) attempts to notify potential winner at the phone numbers and/or email address submitted at the time of Entry. Potential winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and at Sponsors’ sole discretion, the prize may be awarded to the runner-up with the next highest score based on the Judging Criteria. If potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her Prize or Prize notification is returned as undeliverable, potential winner will be disqualified and, at Sponsors’ sole discretion and time permitting, the prize may be awarded to the runner-up with the next highest score based on the Judging Criteria.

PRIZE: There will be three (3) prizes awarded (each a “Prize,” as defined below), one for each of the monthly winners (each a “Winner”). Each Prize will consist of the following items: a remodeling by Metropolitan Bath and Tile of Winner’s basic three-fixture bathroom, including the toilet, sink, and shower/bathtub. Materials for the remodeling will be chosen from Metropolitan Bath and Tile’s preferred products group. Metropolitan Bath and Tile reserves the right to select products based on as availability in its sole discretion.

Approximate retail value (“ARV”) of Prize not to exceed fifteen thousand dollars ($15,000). Actual ARV may vary depending on types of products selected. All Prize details, including, but not limited to, model, quantity, colors and types of products, and nature of, and plan for, remodeling, will be determined by Sponsors in their sole discretion. Prize will not include relocation of existing plumbing, replumbing of home and/or correcting plumbing or electrical upgrades. Prize (including all products provided by Metropolitan Bath and Tile will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Remodeling will be scheduled for completion within six (6) months of Winner notification or as otherwise determined by Sponsors in their sole discretion. . Winner must grant Metropolitan Bath and Tile access to, and an authorized adult over the age of eighteen (18) must be available at, Winner’s home from 7 a.m. ET to 6 p.m. ET in order to perform the remodeling on the days scheduled and on other days (Monday-Saturday) as designated by Sponsors in their sole discretion until the remodeling is completed. Winner agrees to sign all documents required by Metropolitan Bath and Tile (i.e., Contractor Agreement and Terms) and be bound by all responsibilities and requirements in accordance with such documents. Winner shall comply with all rules and regulations of Metropolitan Bath and Tile.

All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of each Winner as applicable. Prize cannot be transferred by a Winner or redeemed for cash and is valid only for the items described above, with no substitution of Prize by a Winner. Sponsor reserves the right to substitute a comparable Prize or Prize element in its sole discretion. If Prize is unclaimed within a reasonable time as determined by Sponsors in their sole discretion, it will be forfeited and, at Sponsors’ sole discretion and time permitting, the Prize may be awarded to the runner-up with the next highest score based on the Judging Criteria.

CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of the Prize, or any portion thereof (including any remodeling undertaken or products provided by Metropolitan Bath and Tile); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge 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, or any products provided as part of Prize, including express warranties provided exclusively by the Prize supplier that may be sent along with the Prize or any products provided as part of Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.nbcwashington.com and/or www.metrobathandtile.com and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all actions of the Sponsors and judges, whose decisions are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.

ADDITIONAL TERMS: Sponsors reserve the right to terminate the Contest or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules. In the event of cancellation, modification or suspension, Sponsors reserve the right to select a winner from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension, based upon the judging criteria described above. Notice of such cancellation, modification or suspension will be posted at www.nbcwashington.com. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).

The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.

Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from accessing or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any publicity, promotional, marketing, or advertising materials or in these Official Rules; for any human or electronic error, including any Entries that are not delivered; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.

DISPUTES: THE CONTEST IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY J JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the names of the Winners, available after October 30, 2009, visit www.nbcwashington.com or send a self-addressed, stamped envelope to be received by November 30, 2009 to: Metropolitan Bath and Tile Contest, WRC, 4001 Nebraska Avenue NW, Washington, DC 20016, Attn: Advertising & Promotion Department.