Zabby's Wacky Tacky Rules

TACKY WACKY HOME DESIGN DISASTERS CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1.      HOW TO ENTER: The Tacky Wacky Home Design Disasters Contest (“Contest”) is an online Contest.  The Contest begins on 10/1/08 at 5:00:00 PM (ET) and ends on 12/15/08 at 11:59:59 PM (ET) (“Contest Period”).  The Contest Period consists of an upload and finalist voting phase that begins on 9/25/08 at 12:01:00 AM (ET) and ends on 12/15/08 at 11:59:59 PM (ET) (“Upload Phase”); and a Grand Prize voting phase which begins at 1/5/09 at 12:01:00 AM (ET) and ends on 2/2/09 at 11:59:59 PM (ET) (“Grand Prize Voting Phase”).  In the Contest, eligible entrants will go to www.Zabitatz.com (“Website”) and submit a color or black & white photograph that best illustrates your home design disaster in one (1) of the following five (5) categories:

Eligible submissions will be posted online for others to view and judge, as more fully set forth below.  You must first register at the Website in order to submit an entry during the Upload Phase and/or to view an entry and vote during the voting phases.  Registration is free.  To register, complete the online registration.  There is no need to re-register if you have already completed the registration process.  To submit your entry, complete the online entry form and follow the instructions to upload your color or black & white photograph.  Photos submitted online should be no less than one (1) MB and no larger than three (3) MB and must be taken with a 72 dpi (or better) digital camera set to "best" image quality and pictures must be at least 500 x 360 pixels in size.  Entries that do not comply with the entry requirements will be considered void.  In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry, provided that person meets all eligibility requirements set forth in these Official Rules.  “Authorized Account Holder” means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Entrants may not participate with multiple e-mail addresses, nor may entrants use any device to enter as multiple entrants.  Any entrant who attempts to enter with multiple e-mail addresses or under multiple identities will be disqualified from participation in the Contest and all entries submitted by that entrant will be void.

All entries must be original works, never been previously published, must not infringe on any third party rights.  By entering the Contest, the entrant gives the Sponsor (as defined in paragraph 8 below) the right to use, edit, or publish the entry without notice or consent and without further compensation to entrant and entrant assigns all rights, title and interest in the submission to the Sponsor, and, if required, will sign any documents necessary to transfer copyright and rights of publicity.  Submission of an entry further constitutes the entrant’s consent to irrevocably assign and transfer to Sponsor any all rights, title and interest in the entry, including, without limitation, all copyrights and rights of publicity.  All entry materials become the property of Sponsor and will not be returned.  Sponsor is not responsible for any change of email address, mailing address and/or phone number of entrants.  Entries must comply with all of the following content guidelines to be eligible:

-          Content may not be: (a) sexually explicit or suggestive, (b) dangerous, (c) violent or (d) derogatory of any ethnic, racial, gender, religious, professional or age group, national origin  or sexual preference, (e) profane or pornographic, or (f) contain nudity:

-          Content may not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

-          Content may not defame, misrepresent or contain any disparaging remarks about Sponsor or any other people, products or companies;

-          Content may not contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, without proper permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;

-          Content may not contain copyrighted materials owned by others (including, without limitation, music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without proper permission;

-          Content may not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without proper permission;

-          Content may not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate in Sponsor’s sole and absolute discretion; and

-          Content may not itself be in violation of any law or otherwise Sponsor reserves the right to disqualify any entry for any reason, in its sole and absolute discretion.

2.      ELIGIBILITY: Open to legal residents of the fifty (50) United States, District of Columbia and Canada (excluding Quebec) who are 18 years of age or older or the age of majority in your state of residence at the time of entry as permitted by law.  Employees of CCA Global Partners (“Sponsor”), its retailers, subsidiaries, affiliates, advertising, promotion and other agencies and their immediate family members and/or those persons living in the same household of each are not eligible to participate.  Void where prohibited by law.  This Contest is governed by U.S. federal and state laws, and Canadian province laws, where applicable.

3.      JUDGING PROCESS:

ROUND 1 – FINALIST VOTING PHASE:  All entries submitted during the Upload Phase will posted online at the Website to be judged in their respective categories by the general public.  The general public will vote online for their favorite entrant.  Limit one (1) vote per registered member per day, per category.  The Finalist who receives the highest number of votes in each submission category will be declared the Category winner and the entry will then advance on to the Grand Prize Voting Phase (Round 2).  In the event of a tie in any category, the winner will be selected by an independent judging panel comprised of individual designees of Sponsor based on the following judging criteria: Originality of entry – 60%; Relevance of entry to its category – 30%; and Mass appeal of entry - 10%.  Category winners will be notified by phone, email and/or mail at Sponsor’s discretion, and all such decisions shall be final and binding on all entrants.

ROUND 2 (GRAND PRIZE VOTING PHASE): From 1/5/09 at 12:01:00 AM (ET) through 2/2/09 at 11:59:59 PM (ET) the photos or videos of the five (5) Finalists will be posted on the Website.  The general public will be invited to vote online for their favorite entrant.  Limit one (1) vote per registered member per day, per category.  The Finalist who receives the highest number of votes in Round 2 will be declared the Grand Prize winner.  In the event of a tie, the winner will be selected by an independent judging panel based on the following judging criteria: Originality of entry – 60%; Relevance of entry to its category – 30%; and Mass appeal of entry - 10%.  Grand Prize winner will be notified by phone, email and/or mail at Sponsor’s discretion.

4.      PRIZES AND APPROXIMATE RETAIL VALUES (ARV): One (1) Grand Prize – A Year of Home Mortgage Payments (max. of $1,200 per month x 12 months = ARV $14,400).  Prize will be awarded in the form of a check to the winner.  Winner will be required to provide proof of valid mortgage prior to awarding of prize.  Cash alternative: If the event the Grand Prize winner does not have mortgage, the winner will receive a cash alternative in the amount of $1,000 per month x 12 months = ARV $12,000.  Five (5) Finalist Prizes – A $250 Gift Card.  Gift cards are subject to the terms and conditions associated with their use.  Total ARV of all prizes $15,650.  All prize values are expressed in U.S. dollars.  All prizes will be awarded, provided there are a sufficient number of qualified entries received.  All applicable federal, state, and local taxes on prizes are the sole responsibility of the prize winners.  In the event the Grand Prize winner is a U.S. resident, he/she will receive a 1099 tax form for the approximate retail value of the prize and the same will be reported to the IRS.  For Canadian residents only: to claim a prize, Canadian residents must first correctly answer, without assistance of any kind, a mathematical skill-testing question at a mutually agreed upon time.  The question must be answered correctly within a pre-determined amount of time.  In the event that it is not answered correctly, the selected person will be disqualified and an alternate will be selected as provided for herein.  Limit one (1) prize per person.

5.      GENERAL: Potential winners will be required to sign and return a notarized Affidavit of Eligibility/Liability Release and, where permitted by law, Publicity Release within ten (10) days after first notification attempt.  If prize notification or prize is returned as non-deliverable, prize may be forfeited and an alternate winner may be selected in the event the forfeited prize is the Grand Prize according to the Contest prize award criteria set forth above.  No correspondence will be acknowledged.  No substitutions or transfer of prize permitted except that Sponsor reserves the right to substitute a prize of equal or greater value.  Subject to all federal, state and local laws/regulations.  Neither Sponsor, its subsidiaries, affiliates, partners, advertising and promotion agencies nor their employees will have any liability whatsoever for any injuries, losses or damages of any kind caused by any prize or resulting from acceptance, possession or use of any prize.  Acceptance of a prize shall be construed as and signify the winner’s agreement and consent that Sponsor may use the winner’s name, address, likeness, entry and/or prize information, without limitation, for promotional purposes without notice or consent and without further consideration or payment to winner, where allowed by law.  By accepting any prize, winners agree to indemnify and hold harmless Sponsor, its related, affiliated, and subsidiary companies and their respective directors, officers, employees and assigns against any and all claims and liability arising out of use or participation in the Contest, or any prize related activities or in the acceptance, possession, use and/or misuse of any prize.  Winners acknowledge that neither Sponsor nor their agents have 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 any prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.  Any and all warranties and/or guarantees on a prize, if any, are subject to the manufacturers’ terms therefore and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.  By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of the judges.  Sponsor is not responsible for any typographical or other error in the printing of the offer or in administration of the Contest.

Entries are deemed to be received at the time of receipt by the Sponsor, not at the time of transmission by the entrant.  Sponsor is not responsible for any lost, late, incomplete, misdirected or illegible entries nor 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 or presenter on account of any technical problems or traffic congestion on the Internet or at any website or any combination thereof, unless the Sponsor has caused this event with gross negligence, willful misconduct or intent.  If for any reason this Contest is not capable of running as planned, including but not limited to infection by any computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, 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 online portion of the Contest.  In the event of cancellation, Finalists will be selected from among all entries received prior to cancellation and a judging panel comprised of individual designees of the Sponsor will conduct the judging in order to select the Finalists and/or Grand Prize winner.  Caution: Any attempt by an individual 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, Sponsor reserves the right to seek damages from any such individual to the fullest extent allowed by law.  Any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event shall include attorney’s fees.

6.      CONFIDENTIALITY: Information provided by you to participate in this promotion is subject to the Zabitatz.com privacy policy located at http://www.zabitatz.com/main/authorization/privacyPolicy?previousUrl=http%3A%2F%2Fwww.zabitatz.com%2F. 

7.      WINNER’S LIST: For name of Grand Prize winner, send a self-addressed, stamped envelope by 4/20/09 to: Tacky Wacky Home Design Disaster Contest, Winner’s List, 670 North Commercial Street, Manchester, NH 03101.  Winner’s list to be available after 2/20/09.

8.      SPONSOR: CCA Global Partners, Inc., 670 North Commercial Street, Manchester, NH 03101.

9.      SEVERABILITY: These Official Rules of the Tacky Wacky Home Design Disasters Contest will be deemed severable, and if any rule described above is held to be illegal, void or invalid under applicable, the remaining rules will not be affected, but will remain binding in accordance with their terms.