Eligibility: Tailgate Traditions Presented by The Home Depot?(?ontest? is open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of 9/15/08. Employees, officers, directors, agents and representatives of ESPN/Starwave Partners d/b/a ESPN Internet Venture (?ponsor?, Home Depot U.S.A., Inc. (?resenter?, Project Support Team, Inc. (?/S/T? ("Administrator") and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, anyone else connected with the production and distribution of this Contest (hereafter ?eleased Parties? and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win. Contest is void where prohibited by law. To enter the Contest, entrant must be a member of ESPN.com or one of our family of sites (ABC.com, ABCNEWS.com, Disney Online, EXPN.com, Family.com, Movies.com). Registration is free. If entrant is not a member, entrant may register by clicking on the link as indicated on the Contest entry page and following the instructions. Entrant will be asked to provide his or her name, physical address, email address, telephone number, birth date, gender and to select a password. Entrant will also be asked to consent to receive promotional emails. Consenting to receive promotional emails is optional and does not have to be agreed to in order to become a member or to win a prize. As a member, entrant may enter the Contest by first logging in to the system with entrant's current username and password. Entrant may then be asked to answer survey questions or to consent to receive promotional emails from the Sponsor. Answering survey questions or consenting to receive promotional emails is optional and does not have to be agreed to in order to be eligible to enter the Contest or to win a prize. Entrants are responsible for insuring that all contact information is up-to-date and accurate.
To Enter: Visit www.ESPN.com between 12:00:00PM Eastern Time (?T? on 9/15/08 and 12:00:00PM ET on 10/30/08 (?romotion Period?, complete the ESPN.com member sign-in, search for keyword ?he Home Depot?and fully complete the online entry form, following the directions provided, and click on the ?ubmit?button to complete the entry process. All entries must: 1) Be a current (taken within 6 months) original, unaltered color photograph; 2) Be no larger than 640x480px (and 250kb) in size on which no image editing software has been used (no slides or transparencies accepted); 3) Be .jpg or .gif format; 4) Be entrant's original creation; 5) Not have won previous awards; 6) Not have been previously published; 7) Not infringe on any third-party rights; and 8) Be suitable for publication. Modification of an existing work does not qualify as original. Any individuals featured in the photograph must be at least 18 years of age at time of entry. In order to be entered into the Contest, entrants must comply with registration instructions. The entry must be complete and meet all criteria set forth in these Official Rules to be eligible. Photos that are deemed by the judges in their sole discretion to be immoral, obscene, profane or not in keeping with Sponsor's image or in violation of these rules will be void. All entries become the property of the Sponsor and will not be returned. Limit one (1) entry per person and/or valid email address per day. The name of the ?uthorized account holder?associated with any given email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Proof (to Sponsor's satisfaction) of being the authorized account holder may be required by Sponsor. Sponsor is not responsible for lost, incomplete, late, damaged, or misdirected entries or photos; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, server or other connections including those through www.espn.com; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant's or any other person's computer related to or resulting from participation in this Contest; printing or other errors appearing within these Official Rules or in any Promotion-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise; or the processing or judging of entries or photos or the tabulation of votes. The use of automated entry or similar devices as specifically set forth above, is prohibited and entries through such prohibited devices are void. By entering this Contest, entrants give their express permission to be contacted by Sponsor by telephone, email and/or postal mail for promotional purposes only.
Semi-Finalist Judging: Based on the criteria outlined below, (16) Semi-Finalists will be determined on or about 10/31/08 from among all eligible entries received during the Promotion Period. A panel of qualified independent judges selected by Sponsor and/or Presenter, whose decisions will be final and binding in all matters relating to this Contest, will judge each photo based on it's entertainment value. In the event of a tie, the photos of such tied entries will be re-judged based on the overall quality of the photo.
Peer Voting: Beginning on 10/31/08, the (16) Semi-Finalist photos selected by the designated panel of judges will be posted online for peer voting. To vote for the photo you like most, visit www.ESPN.com between 2:00:00PM ET on 10/31/08 and 12:00:00PM on 11/27/08 (?oting Period?, search for keyword ?he Home Depot?and follow the instructions provided to submit your vote. Limit one (1) vote per person or valid email address per day of the Voting Period. Additional votes received from any person or email address in any given day of the Voting Period or generated by script, macro or other automated means or with the intent to affect the integrity of the voting process will be void. At the conclusion of the Voting Period, the photo that receives the most votes will be deemed the Grand Prize winning photo and the entrant who submitted such photo will be deemed the Grand Prize winner. In addition, the photo that receives the second highest number of votes (at the conclusion of the Voting Period) will be deemed the Runner-Up Prize winning photo and the entrant who submitted such photo will be deemed the Runner-Up Prize winner. The remaining (14) Semi-Finalist photos will be deemed a Finalist Prize winning photo and the entrants who submitted such photos will be deemed a Finalist Prize winner. Potential Grand Prize winner will be contacted by telephone, mail and/or overnight mail and required to execute and return an Affidavit of Eligibility and a Release of Liability and (where legal) a Publicity Release within seven (7) days of the date of issuance of notification. In the event of a tie, such tied entries will be judged by a ?ie-breaking?judge based on its entertainment value. Noncompliance with the foregoing or with these Official Rules, or any notification not being successful or being returned as non-deliverable, may result in disqualification of the potential winner and, at Sponsor's discretion, the next runner-up being notified.
Prizes: One (1) Grand Prize: A trip for winner and one (1) guest to attend one of the following (as determined by Sponsor): 1) The site of a live ESPN College GameDay broadcast during the 2008 college football season, OR 2) The 2009 Rose Bowl currently scheduled for 1/1/09. Trip includes round-trip coach air transportation for two (2) from major U.S. gateway airport nearest winner's primary residence in the U.S. to destination, 2-night standard double-occupancy hotel accommodations (one room), ground transfers to/from the airport/hotel/game, two (2) tickets to the applicable game and two (2) VIP passes to the ESPN ?ehind the scenes?area at the designated game. In addition, the Grand Prize winner also receives two (2) ESPN t-shirts, two (2) ESPN hats & two (2) autographed College GameDay hard hats. Approximate Retail Value (?RV?: $5,000. Actual value of prize may vary depending on winner's city of departure and final itinerary. Travel, hotel and other arrangements to be determined by Sponsor. If the designated game is postponed for any reason, trip will be rescheduled for the date on which the game will take place. Winner and his/her guest must travel together on the same itinerary and are responsible for obtaining any/all necessary documents (including but not limited to valid photo I.D.) prior to departure. If winner chooses not to take a guest, then the guest elements will be forfeited and the remaining elements shall constitute full satisfaction of the prize. Other travel/accommodation restrictions may apply. Trip must be taken on dates designated by Sponsor or prize will be forfeited in its entirety and may be awarded to the next runner-up. Sponsor, in its sole discretion, reserves the right to provide ground transportation in place of air transportation if winner lives within a reasonable driving distance of destination, as determined by Sponsor in its sole discretion, and to award no additional compensation in such event. Sponsor is not responsible for travel delays. Grand Prize winner and his/her guest agree to comply with all venue rules and regulations and, in accordance therewith, agree not to act in an unsportsmanlike or disruptive manner. Failure to do so may result in forfeiture of prize. One (1) Runner-Up Prize: One (1) ESPN t-shirt, one (1) ESPN hat & one (1) autographed College GameDay hard hat. ARV: $100. Autographed prize to be hand-signed by the hosts of College GameDay. (14) Finalist Prizes: One (1) $50 The Home Depot gift card. Terms, conditions & restrictions on gift card may apply as specified by issuer. Total ARV of all prizes: $5,800.
Miscellaneous: Costs and expenses associated with the acceptance and use of a prize not specified herein as being awarded as part of prize, including, but not limited to, federal, state and local taxes, if any, and food, beverages, airline luggage charges and travel expenses for winner are winner's sole responsibility. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor. Grand Prize traveling companion must be eighteen (18) years of age or older as of 10/31/08 and will be required to sign and return a Liability Release and (where legal) Publicity Release prior to the issuance of travel documents. Non-compliance with the foregoing may result in disqualification. By participating, each entrant warrants and represents that his/her photo does not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that: (1) they have secured the requisite consent from any third party pictured in their photograph and, if their photo is a winner, agree to provide legal releases for the use of such picture in a form satisfactory to judges; (2) Sponsor & its designees shall own the photo (and all material embodied therein); (3) that by entering, the entrant irrevocably assigns to Sponsor and its designees any and all rights, title and interest in the photo including but not limited to all intellectual property rights; and (4) that Sponsor and its designees shall have, without limitation, the perpetual, right worldwide to edit, adapt, modify, publish, exploit and use the photo in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor and/or its designees may determine without further consideration, notification or permission of entrants, winners or any third parties. Entrants further agree that: (1) they agree to be bound by these Official Rules and the decisions of the Sponsor and judges which are final and binding in all respects; (2) photos (and all components thereof) will not be acknowledged; (3) Released Parties and their designees shall have the right and permission to use (unless prohibited by law) entrant's name, voice, city and state of residence, photograph and/or likeness for advertising and/or trade and/or any other purpose in any media now or hereafter known without further compensation, permission or notification to entrants or any third parties; and (4) the Released Parties shall have no liability and will be held harmless by entrants for any liability, loss, injury or damage to participants or any other person or entity, including personal injury or death to participants or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of entrant's participation in this Contest, the use of any photo or acceptance, possession, use or misuse of a prize. Sponsor reserves the right, in its sole discretion, to void suspect entries or to modify, cancel, terminate or suspend the Contest (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, including but not limited to war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the Contest and, in the event of such cancellation, suspension or termination, at its discretion, as applicable, select (i) entries to qualify for judging from all non-suspect, eligible photos received prior to event requiring cancellation, termination or suspension; (ii) Semi-Finalists from among all eligible entries received; and (ii) Grand & Runner-Up Prize winners from among all non-suspect, eligible votes received up to time of such action.
Sponsor reserves the right to conduct a background check of any and all records of the Grand Prize winner, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, Grand Prize winner shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by Grand Prize winner in his/her interview. In that regard, Grand Prize winner will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify Grand Prize winner from any prize element, based on the background check
Email Change of Address Policy: It is the sole responsibility of the entrant to notify Sponsor if his or her email address changes. To do so, click on the help link at the bottom of any ESPN.com page, then click on the Change Personal Information link and follow the instructions.
Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed by New York law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Contest or any prize awarded shall be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state or federal courts situated in New York County, New York state, i.e., Manhattan, and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Privacy: Personally identifiable information that is submitted by entrants as part of this Contest will be used to administer the Contest, select the prize winners and fulfill the prizes, and will be treated in accordance with Sponsor's privacy policy accessible on its website at www.espn.com. Entrants who opt-in to receive additional information from The Home Depot may contact us or otherwise communicate your privacy concerns by:
o Calling us at 1-800-553-3199
o Faxing us at 1-877-496-9470
o E-mailing us at customercare@homedepot.com
o Accessing your registration information on our Sites
o Registering or changing your privacy preferences at homedepot.com/privacypreferences.
o Writing us at the address below (please include your e-mail address and phone number with your correspondence along with the information needed to support your request):
For Residents of the United States:
The Home Depot, Inc.
Attention: Privacy Official
Customer Care
2455 Paces Ferry Road
Atlanta, GA 30339-4024
Winners List: For a list of winners (available after 12/30/08), send a self-addressed, stamped envelope for receipt by 12/30/08 to: Tailgate Traditions Presented by The Home Depot Contest Winners, P.O. Box 13031, Bridgeport, CT 06673-3031.
The Contest and all accompanying materials are copyright ?2008 ESPN/Starwave Partners d/b/a ESPN Internet Venture.