TERMS AND CONDITIONS
THE HUNT FOR THE MRS. MEYER’S HOME MAKER (“HOMEMAKER HUNT”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO PARTICIPATE OR RECEIVE AN AWARD. PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF RECEIVING AN AWARD. THE HOMEMAKER HUNT IS INTENDED FOR PARTICIPATION IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA DURING THE HOMEMAKER HUNT PERIOD (DEFINED BELOW).
1. ELIGIBILITY: HOMEMAKER HUNT IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR THE AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE, WHICHEVER IS OLDER, AS OF DATE OF PARTICIPATION. Employees, officers and directors of S. C. Johnson & Son, Inc. (“SCJ”), its promotional partners (including, without limitation, promotion administrators, digital agencies and other agencies), or their respective parents, subsidiaries, and affiliated companies, advertising, promotion or production agencies, or web masters/suppliers, and their IRS/CRA dependents, immediate family members (spouse, parents, children, siblings, and each of their respective spouses, regardless of where they reside) and individuals residing in their same household, whether or not related, are not eligible to participate. Additionally, individuals employed or engaged as contractors by a competitive brand or company, as determined by SCJ, in its sole discretion, within twelve (12) month period immediately preceding September 1, 2015 are not eligible to participate. By participating, participants agree to these Terms and Conditions and the decisions of the SCJ and/or and any persons or agencies engaged in connection with the Homemaker Hunt are final and binding in all respects. Void outside of the 50 United States, the District of Columbia, and where prohibited, taxed or restricted by law. You are not authorized to participate in the Homemaker Hunt if you are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply.
2. HOMEMAKER HUNT TIMING:
Homemaker Hunt Phase
Round 1 – Submission Period
09/01/15, 8:00:00 a.m. Eastern Standard Time (“EST”)
11/20/15, 11:59:59 p.m. EST
Round 2 – Finalists Submission Period
12/20/15, 8:00:00 a.m. EST
01/10/16, 11:59:59 p.m. EST
01/18/16, 8:00:00 a.m. EST
02/15/16, 11:59:59 p.m. EST
EST=Eastern Standard Time. SCJ’s clock is the official time keeping device for the Homemaker Hunt.
3. THE HOMEMAKER HUNT: During the Submission Period, participants shall submit an original video, no longer than 15 seconds, depicting and/or showcasing a do-it-yourself (“DIY”) craft of their own invention that explains how it makes their home a more inspiring place. The craft must be unique and authentic – in keeping with the Mrs. Meyer’s brand values. Videos will be reviewed and considered based on a variety of factors to identify fifteen (15) Finalists. See Rule #7 for the Round 1 Criteria. Finalists will be invited to submit a second video as described in Rule #5. The fifteen (15) Finalists Submissions will be displayed for viewing by the public and reviewed to determine the Finalist Award recipient. See Rule #8 for Round 2 Criteria.
4. ROUND 1 – SUBMISSION PERIOD: During the Round 1 - Submission Period, submit a video, no longer than 15 seconds, depicting and/or showcasing a DIY craft of your own invention that is unique and authentic and explain how it makes your home a more inspiring place. Each submission may hereinafter be referred to as a “Video” and/or a “Submission”.
Specific Requirements for Round 1-Submission Period:
- Video may not exceed 15 seconds in length.
- Narration and/or text (if applicable) must be/appear in English.
- Video must follow all of the applicable social media’s guidelines for uploading Videos.
- No music is permitted.
- Participant may appear on camera but is not required to do so.
During the Round 1 - Submission Period, participants may submit their Submission in one (1) of the following manners:
(a) Instagram: Launch the Instagram application and upload your Submission (as described above) on your personal Instagram page with the #MrsMeyersHunt and #Submission hashtags. Your Instagram account must be public to be eligible to participate. An Instagram account can be opened for free by visiting http://instagram.com and following the appropriate link to download the free Instagram application to your mobile device or visit your mobile device’s application store from your mobile device.
(b) Twitter: Launch the Twitter application on your mobile phone or computer and upload your Submission (as described above) on your personal Twitter page with the #MrsMeyersHunt and #Submission hashtags. Your Twitter account must be public to be eligible to participate. A Twitter account can be opened for free by visiting http://twitter.com and following the appropriate link to download the free Twitter application to your mobile device or computer or visit your mobile device’s application store from your mobile device.
If you choose to participate via your wireless mobile device, data rates may apply. Certain mobile apps may not be available for all devices or compatible with your carrier’s capabilities. Please consult your wireless-service provider regarding its pricing plans and other details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
Participate as often as you like, but each submission should be unique for the Round 1 – Submission Period. Participants are not permitted to submit the same Submission more than once during the Homemaker Hunt Period, as determined by SCJ in its sole and absolute discretion. Duplicate Submissions by the same participant will be subject to disqualification. All Submissions must be received by 11:59:59 p.m. EST on November 20, 2015 to be eligible. All Submissions must be submitted according to (a) the Specific Requirements for Round 1 - Submission Period, (b) all Submission Guidelines as specified herein and in Rule #6, and (c) the applicable website/application.
By participating, each participant warrants and represents the following with respect to his/her Submission: (a) participant is the sole and exclusive owner of the Submission; (b) the Submission is participant’s own creation and is original; (c) the Submission will not infringe on any rights of any third parties; (d) the Submission has not been entered into or won any kind of award, competition or contest; and (e) t he Submission complies with the Guidelines and Restrictions (defined below).
Providing a Submission constitutes participant’s consent to give SCJ a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, and on any and all Internet media, including SCJ’s web sites and properties and on social networking sites (i.e., Twitter, Instagram, Vine, Facebook, YouTube, etc.), for any legal purpose whatsoever, including for promotional or marketing purposes. PLEASE NOTE THAT BY SUBMITTING A SUBMISSION VIA THE HASHTAGS ABOVE, YOU GRANT SCJ THE RIGHT TO POST THE SUBMISSIONS ON ITS WEBSITES AND SOCIAL MEDIA SITES IN PERPETUITY WITHOUT ANY ADDITIONAL PERMISSION OR COMPENSATION.
Submissions will be deemed made by the authorized account holder of the email address or social media account from which the Submission is submitted at the time of submission. The “authorized account holder” is the natural person who is assigned to the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses or who is assigned to the applicable social media account by the applicable social media platform. In the event of a dispute the authorized account holder will be deemed to be the participant. Potential Finalists may be requested to provide SCJ with proof that he/she is the authorized account holder of the email address or social media account associated with the winning Submission and/or an eligible participant. Participants may not register/submit with multiple email addresses nor may participants use any other device or artifice to register/submit under multiple identities. Any participant who attempts to enter with multiple email addresses under multiple identities or attempts to submit Submissions in excess of the above-stated limitation will be disqualified and forfeits any award provided, in SCJ’s discretion. Submissions generated by script macro or other automated means or practices, or by any means which subvert the submission process will be void.
From time to time during the Round 1 - Submission Period, SCJ may feature Submissions on SCJ’s Website(s), social media pages and channels, in SCJ's sole discretion. Being selected as a featured Submission is unrelated to the criteria and does not guarantee selection as a Finalist in the Homemaker Hunt nor does it entitle the featured participants to any compensation or award.
BY MAKING A SUBMISSION OR PARTICIPATING IN THE HOMEMAKER HUNT, PARTICIPANTS ACKNOWLEDGE THAT THE SUBMISSION MAY BE POSTED ON SCJ’S WEBSITE, IN SCJ’S SOLE DISCRETION. SUBMISSIONS POSTED TO THE WEBSITE, SOCIAL MEDIA ACCOUNTS OR OTHER WEBSITES, ARE NOT EDITED BY SCJ AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SCJ IN ANY MANNER. If you think that any Submission infringes your intellectual property rights, click here if you wish to report it to http://www.econsumeraffairs.com/scj/contactus.htm. By participating, you acknowledge that SCJ has no obligation to use or post any Submission you submit. SCJ reserves the right to remove any posted Submission for any reason and at any time. SCJ is not responsible for any unauthorized use of Submissions by third parties.
SCJ is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled Submissions, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by SCJ. By participating in the Homemaker Hunt and/or using the hashtags #MrsMeyersHunt and #Submission, participants fully and unconditionally agree to be bound by these Terms and Conditions and the decisions of the SCJ, which will be final and binding in all matters relating to the Homemaker Hunt.
5. ROUND 2 – FINALISTS SUBMISSION PERIOD: During the Round 2 – Finalists Submission Period, the fifteen (15) Finalists shall submit a second video (a “Video Essay”) that is no longer than 90 seconds, answering the following questions in a creative way: (a) What inspires you? (b) What does Mrs. Meyer’s home-grown inspiration mean to you? Both questions must be answered in the Video Essay. Finalists will also be required to submit photo(s) with captions for each photo that describes each stage in the creation process of their DIY craft or invention depicted in the Submission. The Video Essay may include some or all of the Mrs. Meyer’s Clean Day products you received for being selected as a Finalist but you are not required to include the products provided. (See Rule #7.)
Specific Requirements for Round 2 – Finalists Submission Period:
- Video Essay may not exceed 90 seconds in length.
- Video must show DIY craft or invention, but does not have to show the making of the DIY craft or invention.
- Narration and/or text (if applicable) must be/appear in English.
- Video Essay must be in one of the following formats: m4v, mov, mp4, mpeg, mpg, wmv; no larger than 50 MB.
- List of all materials used to create the Submission
- Accompanying photo(s) with captions that describes each stage of the creation process of their DIY craft or invention as displayed in the Video Essay.
- Finalists must appear on camera for the duration of the Video Essay.
During the Round 2 – Finalist Submission Period, Finalists may participate by emailing their Video Essay to [indicate URL]. No other method of submitting a Video Essay will be accepted. Each submission of a Video Essay may hereinafter be referred to as a “Submission” or “Finalist Submission”.
All Finalist Submissions must be received by 11:59:59 p.m. EST on January 10, 2016 to be eligible. Finalist Submissions must be submitted according to (a) the Specific Requirements for Round 2 – Finalists Submission Period as outlined above and (b) all Submission Guidelines as specified herein and in Rule #6. Limit one (1) Finalist Submission per person/email address for Round 2 – Finalists Submission Period.
If asked to participate in Round 2, you acknowledge that your Finalist Submission may be posted on www.mrsmeyers.com/maker for the Voting Period, in SCJ's sole discretion. SCJ has no obligation to use or post any Finalist Submission you submit. SCJ shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize any or all portions of the Submissions in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world. Note: The Finalist’s original Submission (from Round 1) will not be posted for the Voting Period. Only the Finalist Submissions (as described above) will appear on www.mrsmeyers.com/maker for voting.
6. SUBMISSION GUIDELINES : Submissions must be original; Submissions may not have won previous awards; Submissions may not have been previously published; Submissions may not be obscene, indecent, inappropriate, hateful, tortious, defamatory, slanderous or libelous; Submissions cannot be sexually explicit or suggestive, profane or pornographic, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; Submissions cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or promote any political agenda or message; Submissions cannot be offensive, endorse any form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about SCJ or its products or services, or other people, products or companies; Submissions cannot contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill to which SCJ wishes to associate; Submissions may not invade privacy or other rights of any person, firm or entity; Submissions may not in any other way violate any applicable federal, state or local laws or regulations or Terms of Service of any related social media website or Submission; Submissions may not contain any infringing references to any third party trademarks, names, products or third party logos or any copyrighted components; and Submissions cannot contain the name, likeness or other rights of any individual other than the participant including, without limitation, any personal identification, such as license plate numbers, personal names, email addresses or street addresses. Submissions not in compliance with these Terms and Conditions and Submission Guidelines may be disqualified, at the SCJ’s sole discretion.
If in SCJ's determination it is necessary or advisable to make minor, non-material adjustments to an otherwise compliant Submission to comply with these Terms and Conditions, SCJ may, in its sole discretion, elect to do so, or may ask the applicable participant to do so. If SCJ requests participant to make these adjustments and participant chooses not to make these adjustments, Submission is subject to disqualification, in SCJ’s sole discretion.
Each participant acknowledges that other participants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in participant’s Submission . Each participant understands and agrees that he/she shall not have any claim against any other participant or SCJ arising out any such similarity or be entitled to any compensation because of any such similarity.
SCJ’s decisions are final and binding in all matters relating to the Homemaker Hunt, including, but not limited to, interpretation and application of these Terms and Conditions. By participating in the Homemaker Hunt, participants fully and unconditionally agree to be bound by these Terms and Conditions and the decisions of the SCJ, which will be final and binding in all matters relating to the Homemaker Hunt.
7. ROUND 1 REVIEW – TO DETERMINE THE FINALISTS: Submissions will be reviewed and considered by SCJ based on a variety of factors including creativity, originality, appropriateness and relevance to the Mrs. Meyers Brand (“Round 1 Criteria”):
Up to Fifteen (15) participants from Round 1 will be deemed the Finalists and will advance to Round 2 in which the Finalists will be invited to submit a Video Essay. SCJ reserves the right to review and approve all potential Finalists’ Submissions to ensure they are in compliance with SCJ policies. Finalists will be notified between November 30, 2015 and December 19, 2015.
Finalists are subject to a background check to help ensure that they meet the eligibility requirements and will not, in SCJ’s sole discretion, bring SCJ into public disrepute, contempt, scandal or ridicule or reflect unfavorably on SCJ. SCJ reserves the right to disqualify a Finalist based on the results of his/her background check. If requested, the Finalist shall agree to sign waiver forms authorizing the release of personal and background information.
Each verified Finalist will receive a gift basket containing various Mrs. Meyers Clean Day products valued at approximately $75. It is not required but is recommended that these products be featured in their Finalist video.
8. ROUND 2 REVIEW – TO DETERMINE FINALIST AWARD RECIPIENT: FinalistSubmissions will be reviewed and considered by SCJ and its designees based on a variety of factors including creativity, originality, appropriateness and relevance to the Mrs. Meyers Brand, presentation style, and public voting as set forth in Rule #9 (as SCJ deems appropriate) (“Round 2 Criteria”):
One Finalist Submission will be deemed the Finalist Award recipient. In the event that there are fewer than fifteen (15) eligible Finalists Submissions, SCJ reserves the right to proceed with the Homemaker Hunt with less than fifteen (15) eligible Finalists’ Submissions, and the Finalist Submission receiving the highest cumulative score will be deemed the Finalist Award recipient. In the event of a tie, tie breaker will be based upon the highest point score in the first Round 2 Criterion, continuing thereafter to each Round 2 Criterion in order, as needed, to break the tie. In the event a tie still exists, SCJ will evaluate all tied submissions based on the Round 2 Criteria set forth above to break the tie. Finalist Award recipient will be notified on or around February 24, 2016.
9. VOTING PERIOD: During the Voting Period, Finalists’ Submissions will be posted on www.mrsmeyers.com/maker for the public to view and vote for the Finalist’s Submission they think best depicts “Mrs. Meyers Home Maker”. Each time a participant clicks on the “vote” button for a particular Finalist Submission, it will be deemed a "vote" for that Finalist Submission. The voting is open to individuals who are 18 years of age or older at the time of voting. Limit of one (1) vote per person and per email address, per Finalist Submission per day. A day shall be defined as 12:00:00 a.m. to 11:59:59 p.m. EST. Any use of robotic, script, macro, automatic, programmed or like voting methods, or any methods which subvert the voting will void all such votes. Any attempt by a participant and/or his/her respective family/friends to vote more than the number of times authorized herein using multiple names or e-mail addresses, paying third party organizations or entities to vote and/or any other fraudulent mechanism, including, but not limited to, hiring third parties to vote for the Finalist, engaging in vote-farming, vote-exchanges or offering awards or other inducements to members of the public, as determined by SCJ in its sole discretion, shall give SCJ the right to disqualify such participant in its reasonable discretion. Votes received from IP addresses outside of the 50 United States/D.C. will be disqualified. Voting by proxy is prohibited. Votes will be tallied and the total count for each Finalist will be used as one of many factors in Round 2 Criteria.
10. FINALIST NOTIFICATION: Potential Finalists will be notified by email and will be required to respond to the notification within seventy two (72) hours in order for the administrator to capture potential Finalist’s complete contact information. Potential Finalists will be sent, via overnight mail, an Affidavit of Eligibility, Liability Release (including, where permitted a Publicity Release) and Assignment of Rights to Submission, and will be required to sign, have notarized, and return those documents within five (5) days of notification. If no response is received within the time allotted, an alternate Finalist may be selected, in SCJ’s sole discretion. Finalist Award recipient will be notified by phone. SCJ is not responsible for any change in a participant’s email address or phone number. Potential Finalists and Finalist Award recipient must continue to comply with these Terms and Conditions, and receiving an award is contingent upon fulfilling all requirements. A potential Finalist or Finalist Award recipient is subject to verification, including, without limitation, verification of age and compliance with these Terms and Conditions. If a potential Finalist or Finalist Award recipient is found not to be eligible or not in compliance with these Terms and Conditions, if SCJ is unable to contact a potential Finalist or Finalist Award recipient within a reasonable time period or if award notification or any award is returned as undeliverable, such potential Finalist Award recipient will be disqualified. In the event that a potential Finalist or Finalist Award recipient is disqualified for any reason, SCJ reserves the right to award the award to an alternate Finalist Award recipient who will also be identified using the applicable Criteria, even if the disqualified potential award recipient’s name may have been publicly announced. All federal, state and local taxes, if any, and any other costs and expenses associated with award acceptance and use not specified herein as being provided are solely the Finalist or Finalist Award recipient’s responsibility, regardless of whether award, in whole or in part, is used. Potential Finalists and Finalist Award recipient will be required to complete, sign and return an Affidavit/Declaration of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of date of being notified. Failure to sign and return requested documentation within the specified time period will result in disqualification and award will be forfeited. SCJ may rescind any such selection or notification at any time, with or without cause. Any personal information provided is subject to the Privacy Notice stated onhttps://www.mrsmeyers.com/privacy-policy/. By participating in the Homemaker Hunt, participants hereby agree to SCJ’s collection and usage of their personal information and acknowledge that they have read and accepted https://www.mrsmeyers.com/privacy-policy/. In addition, if you are selected as a Finalist Award recipient, your information may also be included in a publicly-available Finalist Award recipient’s list.
11. AWARD DETAILS: Finalist Award (1): SCJ will award a Finalist Award of $75,000 to the Finalist Award recipient. Finalist Award will be awarded in the form of a wire transfer or check, payable to Finalist Award recipient. Approximate Retail Value (“ARV”) is $75,000. Total ARV of all awards: $76,125. If the potential Finalist Award recipient cannot accept an award (or portion thereof) as stated, award may be forfeited in its entirety. No substitution, cash redemption, assignment or transfer of any award, except by SCJ who reserves the right, in its sole discretion, to substitute an award (or portion thereof) with one of comparable or greater value if advertised award becomes unavailable. Finalist Awards are awarded “as is” without any warranty or guarantee, either express or implied by SCJ. All award details are at the sole discretion of SCJ.
12. CONDITIONS APPLICABLE TO FINALIST AWARD RECIPIENT: By accepting an award, for no additional compensation or consideration, Finalist Award recipient grants to SCJ the right to use his/her name, facsimile signature, photograph, likeness, biographical information and/or endorsement in connection with the advertisement and promotion of this Homemaker Hunt and/or Mrs. Meyer’s Clean Day products. Finalist Award recipient must agree to execute an agreement with SCJ outlining Finalist Award recipient’s further duties and responsibilities in consideration of receiving the Finalist Award which responsibilities and rights, as determined by SCJ in its sole discretion, may include press interviews and news releases, appearing in print and videos materials, developing other DIY projects, making posts in social media and such other services designated by SCJ.
13. GENERAL CONDITIONS: By participating, participants hereby agree (and agree to confirm in writing): (a) that SCJ, its promotional partners (including, without limitation, promotion administrators, digital agencies and other agencies), and each of their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, Instagram and Twitter and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be indemnified and held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, personal injury or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any award or participation in the Homemaker Hunt or any Homemaker Hunt-related activities, and for any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action; (b) except where legally prohibited, grant permission for SCJ (and agree to confirm such agreement in writing), and those acting pursuant to its authority to use, publish and exploit the Submission and all elements embodied therein, as more fully set forth in the section below titled “Grant of Rights by Participants”, and Finalists and Finalist Award recipients further grant ownership of the Submission and all elements embodied therein as more fully set forth in the section below titled “Assignment of Rights by Award recipients”.Any waiver or non-use of any rights hereunder by SCJ does not constitute a general waiver of such rights or of any other SCJ rights. By submitting an Submission, participant agrees that participant’s submission is gratuitous and made without restriction, and will not place SCJ under any obligation, that SCJ is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use, exploit and assign the ideas without any additional compensation or notice to, or approval from, participant or any third party. Participant acknowledges that, by acceptance of participant’s Submission, SCJ does not waive any rights to use, assign or otherwise exploit similar or related ideas previously developed or known to SCJ, or developed by its employees, contractors and agents, its affiliates and their employees, contractors and agents, or obtained from sources other than participant and participant agrees that he/she shall not have or make any claim against Released Parties resulting from such use, assignment or other exploitation. SCJ is not responsible if Homemaker Hunt (or any portions thereof) cannot take place or if any award cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or any other cause outside SCJ’s reasonable control.
Grant of Rights by Participants : By submitting an Submission, participant grants SCJ a perpetual, worldwide, irrevocable, assignable, sublicensable, royalty-free and fully paid-up license to the Submission and SCJ and its designees may exploit, edit, modify, post, use and distribute the Submission and all elements of such Submission, including without limitation any Videos, tweets, descriptions or captions, and the names and likenesses of any individuals or locations, in any and all media now known or hereafter devised, without limitation and without compensation, permission or notification to any participant, his/her parent or legal guardian or any third party. Each participant further grants SCJ, if not otherwise prohibited by law, and those acting under or pursuant to its authority, the right to use participant’s name, city/state, picture, likeness, voice, and other personal statistics in any and all media worldwide without territorial, time or other use limitation without additional compensation or notification to, or permission from such participant or any third party, for the purposes of advertising and promotions.
Assignment of Rights: By accepting an award, any and all results and proceeds of all services furnished by Finalists/Finalist Award recipient hereunder (including, without limitation, the Submission and any other work based on or derived therefrom), and all other materials of every kind whatsoever created by Finalist at any time if relating to the Homemaker Hunt (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for SCJ. SCJ is the “author” of the Work for all purposes, including without limitation the copyright laws of the United States, and SCJ is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, including all so-called “moral rights of authors” and “droit moral” rights and any similar or analogous rights under the applicable laws of any country of the world. Finalists/Finalist Award recipient also waive all so-called “moral rights of authors” and “droit moral” rights (and any similar or analogous rights under the applicable laws of any country of the world). Without limiting the binding effect of any of the foregoing provisions, in the event that any of the Work is not deemed to be a “work made for hire” for SCJ, Finalists shall irrevocably and exclusively grant and assign to SCJ (or, if any applicable law prohibits or restricts such assignment, Finalists/Finalist Award recipients shall grant to SCJ an irrevocable, perpetual, royalty-free, transferable license of) all right, title, interest and ownership in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights, neighboring rights, trademarks, patents and any and all other ownership and exploitation rights in the Work therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.
SCJ’s rights in and to the Work shall include, without limitation, the right to exploit the Work (or not) by any and all means now known or hereafter devised throughout the universe in perpetuity, including, without limitation, the right to alter, modify, edit, adapt, composite, morph, scan, duplicate, merchandise, use and cut the Work). SCJ shall be free to exploit, license, sell and/or assign any or all of its rights in the Work at any time and from time to time, in whole or in part, to any person or entity, without permission from, or notice or compensation to, Finalists/Finalist Award recipient, their parents or legal guardians or any third party. In furtherance of and without limiting the foregoing, all revenues derived by SCJ or its designees from the use, exhibition, publication, distribution, merchandising, transmission, licensing, display, selling or other exploitation of the Work shall be the sole and exclusive property of SCJ and Finalists/Finalist Award recipient, his or her parents, heirs, successors and assigns shall have no interest in or to any such revenues.
At the request of SCJ, Finalists/Finalist Award recipient shall execute and deliver to SCJ such assignments or other instruments as SCJ may deem reasonably necessary to establish, protect, enforce and/or defend any or all of SCJ’s rights in the Work. If a Finalists/Finalist Award recipient fails to so execute and deliver any such instrument within seven (7) days of the date of such notice, SCJ shall have the right to do so in Finalists/Finalist Award recipient’s name, place and stead, and SCJ is hereby irrevocably appointed as Finalists/Finalist Award recipient’s attorney-in-fact for such purposes, which power is coupled with an interest.
14. ADDITIONAL TERMS AND LIABILITY LIMITATIONS: Any attempted form of Submission or participation other than as set forth above is prohibited; no automatic, programmed, robotic or similar means of participation are permitted. Released Parties are not responsible for lost, late, misdirected, incomplete, inaccurate, stolen, garbled, postage-due or non-delivered Submissions tweets, hashtags, uploaded Videos or Photos, votes and/or mail or email; or for interrupted or unavailable satellite, network, wireless provider, server, Internet Service Provider (ISP), website, Submission or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether printing, typographical, human, mechanical, electronic or network or otherwise, including, without limitation, errors or problems that may occur in connection with the administration of the Homemaker Hunt (or any portion thereof), the announcement of the award recipients or awards, the incorrect or inaccurate capture or processing of Submissions and/or mail or email or the failure to capture, or loss of, any such information, or in any other Homemaker Hunt-related materials. Persons who tamper with or abuse any aspect of the Homemaker Hunt or otherwise attempt to undermine the legitimate operation of the Homemaker Hunt by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or SCJ representatives, as solely determined by the SCJ, will be disqualified. Released Parties are not responsible for injury or damage to participant’s or to any other person’s computer or device related to or resulting from participating in the Homemaker Hunt or downloading materials from or use of any website associated with this Homemaker Hunt. Should any portion of the Homemaker Hunt be, in SCJ’s sole opinion, compromised by virus, worms, bugs, nonauthorized human intervention, technical failures or other causes which, in the sole opinion of the SCJ, corrupt or impair the administration, security, fairness or proper play, or submission of Submissions, SCJ reserves the right at its sole discretion to suspend, modify or terminate the Homemaker Hunt, and determine the potential Finalists/Finalist Award recipient from all eligible, non-suspect Submissions received prior to action taken or as otherwise deemed fair and appropriate by SCJ. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Homemaker Hunt, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of any website associated with the Homemaker Hunt. In no event will SCJ award more than the stated number of awards. In the event of a dispute regarding Submissions received from multiple users having the same email account, the authorized subscriber of the email account at the time of participation will be deemed to be the participant and must comply with these Terms and Conditions. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
CAUTION -- ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE HOMEMAKER HUNT OR UNDERMINE THE LEGITIMATE OPERATION OF THE HOMEMAKER HUNT MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SCJ RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
In no event will any of the Released Parties be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of access to and use of any websites associated with the Homemaker Hunt or downloading from and/or printing material downloaded from such websites . Without limiting the foregoing, everything on such websites is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or noninfringement. Some jurisdictions may not allow limitations of exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
15. DISPUTES/ARBITRATION: Except where prohibited by law, as a condition of participating in the Homemaker Hunt, each participant agrees that (a) any and all disputes, claims and causes of action arising out of or in any way connected with this Homemaker Hunt, or any award provided, shall be resolved individually, without resort to any form of class action, (b) any and all disputes, claims and causes of action arising out of or in any way connected with the Homemaker Hunt, or any award provided, shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office nearest the participant; (c) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (d) judgment upon such arbitration award may be entered in any court having jurisdiction.
16. GOVERNING LAW AND JURISDICTION: By participating, each participant agrees that (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, the rights and obligations of such participant in connection with the Homemaker Hunt, or the rights and obligations of the SCJ in connection with the Homemaker Hunt, shall be governed by, and construed in accordance with, and any arbitrator shall apply, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Wisconsin, and (b) any matters or proceedings which are not subject to arbitration as set forth in these Terms and Conditions shall take place exclusively in the federal or state courts sitting in Racine County, Wisconsin. By participating, each participant expressly consents to the jurisdiction and venue of the federal and state courts located in Racine County, Wisconsin and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts.
17. NAMES FINALIST AWARD RECIPIENT: For the names of the Finalists and Finalist Award Recipient, mail a self-addressed, stamped envelope to: The Mrs. Meyer's Home Maker Homemaker Hunt, PO Box 3000, Dept. 915-735, Young America, MN 55558-3000 for receipt by March 31, 2016.
18. BROUGHT TO YOU BY: S. C. Johnson & Son, Inc., 1525 Howe St., Racine, WI 53403.
This Homemaker Hunt is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. You understand that you are providing your information to S.C. Johnson & Son, Inc. and not to Twitter or Instagram. The information you provide will only be used for purposes of administering this Homemaker Hunt including award recipient notification and award fulfillment.