VOID OUTSIDE THE 50 UNITED STATES, D.C., ONTARIO, CANADA, AND WHEREVER PROHIBITED. DO NOT ENTER THIS CONTEST IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR PROVINCE OR STATE OF RESIDENCE AND ARE NOT A PERMANENT LAWFUL RESIDENT OF AND CURRENTLY RESIDING IN ONTARIO, CANADA, THE 50 UNITED STATES OR D.C. AND ARE NOT THE OWNER OF THE RESIDENCE THAT IS THE SUBJECT OF YOUR ENTRY. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCE
Entry Period: The Therma-Tru Doors “Ugliest Door” Contest (“Contest”), sponsored by Therma-Tru Corp. (“Sponsor”), begins on May 3, 2010 at 12:00:01 a.m. Eastern Daylight Time (“EDT”) and ends on July 2, 2010 at 11:59:59 p.m. EDT (the “Contest Period”), by which time all online entries must be received (see Rule 3, below, for mail-in entry deadline). The computer clock of Sponsor’s webmaster is the official timekeeping device of the Contest.
How to Enter: : To enter online: Log on to www.myuglydoor.com (the “Web site”) during the Contest Period to enter by following the onscreen instructions and those instructions contained in these Official Rules. To enter by regular mail: Mail entries in an appropriate mailer or envelope with sufficient postage affixed to: Therma-Tru Ugliest Door Contest 2010, 110 North Fifth Street, Minneapolis, MN 55403. All mail-in entries must be postmarked by July 2, 2010, and received by July 9, 2010.
To enter in the Video Category, prepare an original video not more than ninety (90) seconds in length of your own current residence’s entry or patio door (choose one only). Videos in excess of 90 seconds will be ineligible and will not be returned. Your video submission should illustrate the ugliness of your door. Your door must be in its natural condition at the time it is videotaped. No retouching or alteration of any kind can be made to the door to create an ugly appearance. In order to be eligible, your video must include a close-up of your door and a wide-shot of your door and house. Your video recording device must have sound capabilities. Record an original “voiceover” to your video, in English, explaining why you deserve to win and have your door replaced with a new Therma-Tru door. Explain how the Therma-Tru door will improve the appearance of your home. If your recording device does not have sound capability, you must enter in the Essay/Photo Category, as described herein.
Following all on-screen instructions, upload your video at www.myuglydoor.com in one of the following formats: QuickTime .MOV, Windows .AVI or .MPG files. If you mail in your entry, the video must be in VHS or DVD format. If there is no sound in the video submission, your entry will be ineligible. Use or depiction of any Therma-Tru product in the video will not, alone, influence the judging in any way. Therma-Tru products are not required to be included in entries.
To enter in the Essay/Photo Category, submit both (i) an original essay consisting of no more than 150 words, in English, describing why your own current residence’s entry or patio door (choose one only) is ugly and why you deserve to win and have your door replaced with a new Therma-Tru door. Explain in your essay how the Therma-Tru door will improve the appearance of your home; and (ii) two (2) photos at least 3 x 5 inches in size and a minimum of 150 DPI resolution (if submitting digital photos) that illustrate the thoughts expressed in your essay (A resolution of 300 DPI is preferred. Use the highest quality setting on your digital camera if applicable.). In order to be eligible, one photo submitted must be a close-up of your door, and the other photo submitted must be a wide-shot of your door and house. Essay will be accepted in doc, txt, or wpd formats; photos accepted in .jpg, .tiff, .giff, .eps and .raw (if entering online).
If you enter online, upload your essay and photos at www.myuglydoor.com by following all on-screen instructions.
If you mail in your entry, the essay must be legibly handwritten or typed on a single sheet of plain 8 ½” X 11” paper, and the photos must be no smaller than 2.5 x 3.5 inches and no larger than 11 x 13 inches if a non-digital photo. On the back of your photos, legibly print or type your full name, complete address including zip or postal code, age, day and evening telephone numbers and the name of the Dealer through which you learned about this Contest (if applicable.) See instructions above for size restrictions applicable to digital photos. NO slides, transparencies or undeveloped film allowed. Use or depiction of any Therma-Tru product in the photo(s) will not, alone, influence the judging in any way. Therma-Tru products are not required to be included in entries.
Limit one entry per household; you must choose to enter in either the Video or Essay/Photo Category. Should multiple entries be received, all such entries will be ineligible. Entries must be submitted by, and in the name of, one individual member of the household on behalf of the entire household. Proof that you uploaded or submitted a video or essay/photos to enter does not constitute evidence that we actually received it by the appropriate deadline. By entering, contestant represents that his/her submission is his or her original work and that the door depicted is a door of his/her own current residence; that neither the submission itself nor the act of preparing the submission infringes or infringed on the property rights or other rights of any third party; and that the submission has not been submitted in any other contest or won any award in any contest. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation. The Sponsor reserves the right to disqualify any submission that it determines (in its sole discretion) to contain any content that is obscene, defamatory, dangerous, discriminatory, infringing or otherwise inappropriate or unsuitable for publication to general audiences, or that contains any third party trademarks (other than those of Sponsor should entrant choose to include Sponsor’s product(s) in the submission). All entrants must use caution and common sense in creating their entries.
During the Contest Period but prior to the Public Voting Period (see Rule 4 (b), below), selected videos and essays/photos may be posted on www.myuglydoor.com. Such postings may be on a rotating or occasional basis and may be discontinued at any time at Sponsor’s sole discretion. Posting of an entry at this phase of the Contest Period is not meant to indicate that the entry is a winner, provisional winner or Finalist in the Contest, or that it is otherwise favored in any way. Postings will occur solely for promotional purposes.
All entries become the property of the Sponsor and will not be returned.
Winner Selection Process: Chances of winning depend on the number of eligible submissions received and application of one or more of the selection criteria described in (a)-(c) below to those submissions. The Sponsor is unaware of how many eligible entries will be received. One winner per category will be selected in a three-step process, as described below:
a. Initial Judging
All eligible submissions in each category will be reviewed by a panel of qualified judges based on the following criteria: ugliness of door (50 percent); creativity of video or essay, as applicable (25 percent), ability of Therma-Tru replacement door to improve appearance of entrant’s home (25 percent).
The five (5) top-scoring entrants in each category based on the criteria described above will be deemed “Finalists” and will be notified by telephone or e-mail at Sponsor’s discretion. If Sponsor cannot contact a potential Finalist by phone or e-mail within 48 hours of Sponsor’s first notification attempt, then such potential Finalist will be disqualified and another potential Finalist will be chosen based on the same criteria. In the event of a tie, the entrant with the highest score in the “ugliness of door” criterion will be judged a “Finalist” (see full description of Finalist status below). In case of a tie involving a Wisconsin resident, both/all tied entries will be deemed “Finalists.” Sponsor reserves the right to decrease the number of “Finalists” in a category if fewer than five (5) eligible entries in such category are received.
Each Finalist will then be included in a Public Voting event, as described below.
b. Public Voting:
c. Final Determination of Winners
Following the conclusion of the Public Voting Period, on approximately August 9 in Maumee, OH, all votes received by each Finalist will be counted.
In order to determine the winner in each category, the judges will take into consideration the score each Finalist received in the initial judging phase, and the number of valid votes each Finalist received during the Public Voting Period. The following weights will be assigned to the judging score and the vote totals: Judging Score – 75 percent; Vote Totals – 25 percent. On the basis thereof, the judges will declare one Finalist per category as that category’s potential winner. In the event of a tie within a category, the tied entrant with the highest score in the “ugliness of door” criterion in the initial judging phase will be declared the potential winner for that category. In case of a tie involving a Wisconsin resident, duplicate prizes will be awarded.
Prizes: : The winner in each category will receive a new Therma-Tru entry or patio door to replace the door that was the subject of the winner’s submission in the Contest. The winner in the video category will also receive a $100 gift card. Each winner will choose his/her replacement door from among a list of door styles of Sponsor’s choice that will be provided to the winner by the Sponsor. The existing door’s rough opening dimensions must be compatible with standard Therma-Tru door sizes, as required in Rule 2, above, under “Eligibility.” If the dimensions are not compatible, the potential winner will be disqualified and an alternate potential winner will be selected on the basis of the criteria stated herein. If the door submitted by a potential winner has been altered so that the door differs in appearance from when it was submitted, that potential winner will be disqualified and an alternate potential winner will be selected on the basis of the criteria stated herein. Approximate Retail Value (“ARV”): up to $3,500 USD per door portion of each prize. Winners must arrange for installation of doors. Sponsor will reimburse winners up to $1,500 USD for installation costs. Proof of installation costs will be required for reimbursement. If installation costs are less than $1,500 USD, the winner will not receive the difference in cash or in any other form. It is not anticipated that installation costs will exceed $1,500 USD. Door must be installed by a date to be specified by the Sponsor at time of prize award in order to receive reimbursement. Sponsor bears no responsibility for quality of installation. Actual value of door may be less than $3,500 USD depending on size of entry or patio door and style chosen. Any difference between the stated maximum value and the actual value will not be awarded to winner. The winner of the Video Category will also receive a One Hundred Dollar ($100 USD) American Express® Gift Card; redemption of the Gift Card is subject to terms and conditions as amended from time-to time including, but not limited to, any expiration date of the Gift Card. All prizes claimed in accordance with these Official Rules will be awarded by December 14, 2010. Ontario residents will be required to answer, without mechanical or other assistance, a mathematical skill-testing question posed via telephone at a pre-arranged, mutually convenient time as a prerequisite to being declared a winner.
Total ARV of all prizes in this Contest: up to $10,100 USD (inclusive of doors and installation). Dollar amounts are expressed in U.S. currency (“USD”). The prizes consist only of items specified herein; all prize details not specified herein shall be determined by Sponsor in its sole discretion. Any options or upgrades on a prize that are not expressly included with the prize shall be the winner’s responsibility. No transfer or substitution of prizes (or any portion thereof) or cash alternative permitted, except as provided herein. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event the advertised prizes (or portion thereof) are unavailable. All income taxes on prizes are the sole responsibility of the winners. The Sponsor accepts no liability or responsibility for loss incurred by the prize winners or any third party if any prize (or portion thereof) is unavailable or substituted for any reason. Winners that reside in the 50 United States or D.C. will be issued IRS Forms 1099 for the value of the prizes. The prizes will be awarded provided a sufficient quantity of qualifying entries is received, and the prizes are claimed properly in accordance with these rules.
Rights: By submitting an entry you warrant that it is your wholly original creation and does not infringe any copyright, trademark, publicity, privacy or other proprietary right of any third party, union or guild. Entrants further warrant that they have received consent from anyone other than entrant who appears within the submitted materials (video or photograph(s)) for their inclusion in the submission, and may be required to provide proof of such consent. Submission of an entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify the entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without notice or consideration to the entrant. By submitting an entry, each entrant in the Contest further agrees that his/her entry constitutes an assignment of all rights, title and intellectual property rights in and to such submission to Sponsor as a condition of competing for a prize, including without limitation the right to make any derivative version of the entrant’s submission, and absolute discretion to alter the entrant’s submission in any way, including without limitation editing, cropping, reformatting, title changes, and removal or addition of any element. Sponsor may require each potential winner to execute documents to confirm this transfer of rights, or prize will be forfeited and an alternate potential winner selected based on the criteria stated herein.
Entrants and/or anyone who appears within the submitted materials (videos or photograph(s)) grant permission to Sponsor to use their submissions, any derivatives/portions thereof, names, likenesses, and biographical information for promotional or advertising purposes in all media worldwide, without notice or further compensation, unless prohibited by law. By participating, entrants hereby agree to release and hold harmless Sponsor, its affiliates, subsidiaries, each of their respective directors, officers, shareholders, employees, agents, and advertising and promotional agencies (collectively the “Releasees”) from and against any and all liability for claims, costs, injuries, losses or damages of any kind, (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, or loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) which may occur in connection with use of the “myuglydoor” Web site (including but not limited to damage to entrants’ or others’ computer equipment resulting from participation), their preparation for or participation in the Contest or preparation/posting of any submission, or from their acceptance, possession use/misuse of any prize they may be awarded.
Winners agree to indemnify and hold the Releasees harmless from and against any claims, suits, losses, damages and expenses, including reasonable attorneys’ fees, which arise in connection with any allegation that their submission violates the intellectual property rights of any third party, or in connection with any allegation based on rights of privacy or publicity, defamation or portrayal in a false light. Starting August 16, 2010, each potential winner will be notified by e-mail, phone or postal mail and will be required to execute and return a Release of Liability and Publicity (where permitted) and Affidavit of Eligibility within ten (10) days of first attempted written prize notification or that potential winner may be disqualified and an alternate potential winner selected based on the criteria stated herein. Any person appearing in a winning video or photograph may be required to execute a publicity/liability release or such winning entry may be disqualified.
Without an express opt-in permitting Sponsor to use entrants personally identifiable information for non-contest related marketing purposes, entrants personally identifiable information will only be used as needed to administer the Contest. Additional important details regarding the rights of entrants and persons appearing in Contest submissions (videos or photos) are contained in the “Ugliest Door” Contest Web site Legal Notice, to which entrants will be required to indicate their agreement before entering. Online entrants must review the Legal Notice before entering. The terms of this Contest, as set forth in these Official Rules, are not subject to amendment or counter-offer, except as set out herein.
Entry Errors/Tampering: Sponsor is not responsible for: (i) electronic or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest, (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Contest, or in the announcement of prizes/prize winners/finalists; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks). If for any reason the Contest cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, by posting a notice at www.myuglydoor.com, to cancel, modify or terminate the Contest and reserves the right, but shall not be obligated, to select the winners based on the initial judging step only from among all non-suspect entries received in each category as of the date/time of such termination/cancellation or modification. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry/voting process or who votes using any automatic or programmed entry duplication method. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right to void all votes made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. If a Finalist is determined to be involved in such prohibited activity, s/he will be disqualified and will not be eligible to participate further or to receive a prize in this Contest.
Disputes/Choice of Law: Except where prohibited, each entrant agrees that this Contest shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of this Contest, including without limitation barring entrants who do not comply with these Official Rules. By entering, entrants consent to the jurisdiction and venue of the appropriate federal, state and local courts located in Ohio for any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded.
Winners' List: For the names of the winners and/or a copy of the Official Rules, visit www.myuglydoor.com. The Winners’ names will be posted after September 2, 2010 following the verification of the winners and the awarding of the prizes. You may also request a copy of the Rules or the Winners’ list by sending a self-addressed, stamped #10 business-size envelope to: Therma-Tru’s “Ugliest Door in America” Contest, c/o Carmichael Lynch Spong, 110 North Fifth Street, Minneapolis, Minn., 55403. Indicate “Rules” and/or “Winners’ List”, as appropriate, on the front of your outer mailing envelope, in the lower left-hand corner. Residents of VT may omit return stamp from Rules requests only. Mailed requests must be received by October 2, 2010.
Sponsor: This Contest is sponsored by Therma-Tru Corp., Maumee, Ohio.