Space Savers Clean That Closet Challenge Contest Official Rules

Contest rules were amended June 29, 2010.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THE SPACE SAVERS CLEAN THAT CLOSET CONTEST ("CONTEST") BEGINS AT 12:01 a.m. Pacific Time (“PT”) on April 21, 2010, AND ENDS AT 11:59 p.m. (PT) on August 15, 2010 (“Contest Period”).

1. Sponsor:

ITW Space Bag, a division of Illinois Tool Works, Inc., is the sponsor ("Sponsor") of the Contest.

2. Eligibility:

The Contest is open only to legal residents of the fifty (50) United States and District of Columbia who are 18 years of age or older as of April 21, 2010. Officers, directors and employees of ITW, its divisions (including Sponsor) and their subsidiaries, affiliates, agents, and advertising and promotion agencies, prize providers, and their immediate families (spouse, and parents, children, siblings and their respective spouses, regardless of where they reside) and/or persons living in the same household of such individuals, whether or not related, are not eligible to enter or win this Contest. Contest is void outside the United States and where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations.

3. How to Enter:

To enter the Contest, go to http://spacesaverscommunity.com ("Space Savers Community Site") and follow the online instructions to submit your original essay of 500 words or less, explaining why your closet is the most deserving of a makeover and the Grand Prize based on the Judging Criteria listing in Paragraph 5 of these Official Rules. In addition to your essay, you must include either a photograph or video of your closet. If you submit a photograph, it must be in jpg, tif or png format. Photographs must be at least 500px x 300px and no larger than 10MB. A brief video may also be submitted in place of a photograph. Videos must be in mp4, mov, wmv, or flv format, and must adhere to the following requirements: Aspect Ratio: 4:3, 16:9; resolution: 640x360 (16:9) or 480x360 (4:3); frames/second: 30 (fps); maximum length: 2 minutes. All components of Entrant's entry are hereinafter referred to as "Entry." Limit one Entry per household during the Contest Period. All Entries become the exclusive property of Sponsor and will not be acknowledged or returned. Entries must be submitted by 11:59 p.m. (PT) on August 15, 2010. Sponsor’s clock is the official time clock for the Contest. Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

depicts anyone under the age of 18 years of age as of the time of entry;
contains copyrighted materials (whether registered or unregistered) that are owned by third-parties (including music, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission from the copyright owner(s);
contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by parties other than Sponsor (whether registered or unregistered), without permission of the trademark owner(s);
depicts professional actors;
contains content that is sexually explicit or suggestive;
is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
is profane, pornographic, obscene or contains nudity;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
promotes any activities that may appear unsafe or dangerous;
promotes any particular political agenda or message;
endorses any form of hate or hate group;
appears to duplicate any other submitted Entries;
defames, misrepresents or contains disparaging remarks about ITW, Sponsor, Sponsor’s products, ITW's products, any person, company or product;
contains any personally identifying identification, such as full personal names (first names are permitted), e-mail addresses or street addresses;
contains materials embodying the names, likenesses, voices, or other indicia identifying any celebrities and/or other public or private figures, living or dead, without permission;
contains look-alikes of celebrities or other public or private figures, living or dead;
communicates messages or images inconsistent the Sponsor's brand and company; and/or
violates any federal or state law.

Each Entrant to the Contest ("Entrant") must also complete the Closet Challenge Entry Form and include the following information: Entrant's name, Entrant's address, and Entrant's e-mail address. Sponsor will rely on information from the Internet service provider as to the name on the account of the email account used to submit the entry in case of ambiguity or dispute.

Entrant is responsible for obtaining, prior to submission of an Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in an Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof, if requested, may render Entry disqualified and ineligible for any prize.

4. Prizes and Approximate Retail Value:

One grand prize winner (“Grand Prize Winner”) will receive: (a) one $1,000.00 Bed Bath and Beyond® gift card to make over his/her closet; (b) $500.00 worth of Space Bag products; and (c) a private phone consultation with a professional organizer (approx. retail value $250.00). Total retail value of all prizes if $1,750.00. The Bed Bath and Beyond® gift card may be subject to additional terms and conditions. Also, the first 100 eligible Entrants will receive one Space Bag vacuum seal storage pack in size extra-large and one Space Bag vacuum seal storage pack in size large (approx. retail value $15.00) (“First Prize Winners”). The First Prize Winners will also be considered for the Grand Prize. All taxes, fees and surcharges on prizes are the sole responsibility of winners. Winners may be issued an IRS Form 1099 for the ARV of any awarded prize.

5. Winner Selection and Notification:

One Grand Prize Winner will be chosen by a judging panel that will include Space Bag brand representatives. The panel will judge the finalists based on the following criteria:

a. Written essay: 60 Points total (20 points for clarity of expression; 20 points for relevance/demonstrating need for makeover; and 20 points for creativity/originality of essay).
b. Photo or video: 40 points for clarity of demonstration of need for makeover.

In the event of a tie, the Entrant with the highest essay score that is deemed to best demonstrate the need for a makeover will be deemed to be the potential Grand Prize Winner. Sponsor will attempt to notify the potential Grand Prize Winner by email for a period of ten business days. Grand Prize Winner will have ten business days from notification to respond to claim his/her prize. As a condition of winning the Grand Prize, the Grand Prize Winner will be required to complete, sign, notarize and return a Grand Prize Winner Affidavit, Assignment and Release. As a condition of winning a First Prize, each First Place Winner will be required to complete, sign and return a First Prize Winner Affidavit and Release. If Sponsor is unable to reach a potential winner, the Grand Prize Winner Affidavit, Assignment and Release or First Prize Winner Affidavit and Release is not properly completed and returned to Sponsor within ten business days from the date it was mailed to winner, if a prize or prize notification is returned as non-deliverable, or if a winner is found not to have complied with these Official Rules in any way, the prize will be forfeited and an alternate winner will be selected.

6. Ownership and Use of Winning Entries:

By participating in this Contest, and to the extent permitted by law, the Grand Prize Winner transfers and releases to ITW all legal rights that Grand Prize Winner has to his/her winning Entry and acknowledges that the Entry shall become the sole and exclusive property of ITW and that ITW and Sponsor shall be free to make whatever use of the Entry as they shall, in their sole discretion, determine without further compensation to Grand Prize Winner. As a condition of participating in the Contest, Grand Prize Winner agrees to assign to ITW all rights to the winning Entry, including without limitation the intellectual property rights embodied therein, including but not limited to copyright, trademarks, trade names, trade dress, patent rights, design rights and any other rights (whether registered or unregistered). As a condition of participating in the Contest, each First Prize Winner grants to ITW and its divisions, subsidiaries, affiliates, licensees, promotional partners, developers, and third-party marketing entities a royalty-free, irrevocable, perpetual, fully-transferable, exclusive license to edit, modify, copy, reproduce, translate, adapt, publish, exploit, develop, publicly display and use the Entry and the content of and elements embodied therein, in any mode of commerce and in all media, throughout the world, and in any manner, for trade, advertising, promotional, product development, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. As a condition of winning, Grand and First Prize Winners agree to execute all such documents as may be required by Sponsor to memorialize the foregoing assignment or license of the rights in the winning Entries to ITW at any time.

7. Representations and Warranties:

By entering the Contest, Entrant represents and warrants that (a) Entrant is the sole owner and creator of all rights, title and interest to the Entry and the intellectual property rights embodied therein, including but not limited to copyright, trademarks, trade names, trade dress, design rights and any other rights (whether registered or unregistered); (b) the Entry is original and that the essay is not the product of a professional writer, that any submitted photograph is not the product of a professional photographer, and that any submitted video is not the product of a professional videographer; (c) Entrant has not assigned, transferred, licensed, pledged or otherwise encumbered the Entry or any intellectual property rights embodied therein or agreed to do so; (d) Entrant is not aware of any violation, infringement or misappropriation of any third party’s rights (or any claim thereof) by the Entry or the potential use by Sponsor or ITW thereof; (e) the Entry is not defamatory and does not contain any obscene or blasphemous material; (f) Entrant was not acting within the scope of employment by any third party when creating the Entry; (g) the Entry has not been published in any medium, (h) the Entry has not won an award in any previous contest or promotion; (i) the Entry does not contain any material that would violate or infringe upon the rights of privacy or publicity; and (j) Entrant and any persons appearing or who are identifiable in the Entry consent to the submission and use of their likeness in the Entry in the Contest and to its use as otherwise set forth herein.

8. Other Terms and Conditions:

All Entries, within Sponsor’s sole discretion, may be displayed on the Space Savers Community Site. Entrant acknowledges that Entries may be used by Sponsor in promotional materials, including print advertisement, television advertisement, online marketing efforts, etc., at Sponsor's sole discretion. Acceptance of a prize constitutes permission for, and winner’s consent to, Sponsor's and its respective designees' use of winner’s name, likeness, biographical information and/or Entry for advertising, promotional and other purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without additional compensation, notification or permission, unless prohibited by law. Winners may be subject to a background check and to the extent necessary and as permitted by law, winner shall authorize this background check. Sponsor reserves the right, in its sole discretion, to disqualify a winner based on the results of the background check or if winner has committed any act involving moral turpitude. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes contains obscene, offensive, or inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest. The decisions of the judges are final and binding on all matters relating to the Contest.

9. Release/Disclaimer of Liability:

By participating in this Contest, each Entrant releases and agrees to hold harmless ITW, its divisions (including Sponsor), subsidiaries, affiliates, advertising and promotion agencies and all of their respective directors, officers, employees, and agents ("Released Parties") from any and all liability for (a) any injury, loss or damage of any kind to persons (other than death or personal injury) including damage to Entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contest; (b) any death or personal injury; in each case to persons arising directly or indirectly, from or in connection with acceptance, possession, or misuse of any prize or participation in the Contest; (c) lost, late, incomplete, non-delivered, misdirected, illegible Entries; (d) any computer, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions or failures, garbled or jumbled transmissions, or service provider/Internet/web site traffic congestion or unauthorized human intervention; (e) the incorrect or inaccurate capture of Entry information, or the failure to capture any such information, and (f) typographical or other errors in the offer or administration of the Contest, including but not limited to errors in advertising, in these Official Rules, and the selection or announcement of winners. Except where prohibited by law, each Entrant also waives and releases Released Parties from any and all claims that Entrant may now or hereafter have in any jurisdiction based on (i) "moral rights" or "droit moral" (including without limitation any limitation any rights or claims under the Visual Artists Protection Act (17 USC section 106A)) or unfair competition with respect to Sponsor's exploitation of Designs without further notification or compensation to Entrants of any kind; and (ii) use of Entrant's Likeness. Entrant further agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Released Parties on the grounds that any use of any Entry, or any derivative works thereof, infringe or violate any rights of Entrant. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that 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 Entrant who tampers with the Entry process, and to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select the Grand Prize Winner from eligible Entries received as of the termination date. CAUTION: Any attempt by an Entrant to deliberately damage the Space Savers Community Site 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 Entrant to the fullest extent of the law.

10. Indemnification:

To the maximum extent permitted by law, Entrant agrees to indemnify Sponsor and ITW and at all times from and against any liability, claims, demands, losses, damages, costs and expenses (a) resulting from any act, default or omission of Entrant and/or a breach of any warranty set forth herein; and (b) for which Sponsor or ITW may become liable by reason of or related or incidental to any act, default or omission by Entrant under these Official Rules.

11. Dispute Resolution/Choice of Law:

Except where prohibited, Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (c) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and 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. If Entrant cannot be bound to arbitration according to local laws, all disputes, claims, and causes of action shall be resolved individually, without resort to any form of class action, in an action in a state or federal court located in Illinois. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant, Sponsor or ITW in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard for conflicts of law doctrine of any jurisdiction.

12. Severability:

If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

13. Winners List:

For the names of the winners, available after August 30, 2010, send a separate self-addressed, stamped envelope to Space Savers Clean That Closet Contest, c/o Nuffer, Smith, Tucker 707 Broadway, 19th Floor San Diego, CA 92101.

14. Sponsor:

The Sponsor of this Contest is ITW Space Bag, a division of Illinois Tool Works, Inc., 7520 Airway Road, San Diego, CA 92154.

Bed Bath & Beyond® is not a sponsor of or affiliated with this Contest in any way. Bed Bath & Beyond® is a registered trademark of Bed Bath & Beyond Procurement.