SALEM FIVE “Uncomplicate Me” Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
CONTEST STRUCTURE & TIMING: The SALEM FIVE “Uncomplicate Me” Contest (“Contest” or “Promotion”) will begin on 01/23/2017 at or after 12:00 AM [midnight] Eastern Time (“ET”) and end on 05/07/2017 at 11:59 PM ET (“Promotion Period”). The Promotion Period consists of (3) separate Phases:
Phase I – My Dinner
Phase II – My Style
Phase III – My Home
SPONSOR: Salem Five Cents Savings Bank, 210 Essex Street, Salem, MA 01970.
ADMINISTRATOR: Exposure Marketing & Promotion, Inc., 1000 North Opdyke Rd, Auburn Hills, MI 48326.
ELIGIBILITY: The Promotion is open only to legal U.S. residents of Massachusetts, who are eighteen (18) years of age or older (“Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Salem Five Cents Savings Bank (“Sponsor”), BEAM Interactive, Exposure Marketing & Promotion, Inc., Just Add Cooking Inc., The Container Store, Inc., Stitch Fix, Inc., and their respective parent companies, subsidiaries and affiliates and companies involved in the implementation and execution of the Promotion as well as prize suppliers [i.e., Ms. Anna Rossi, Ms. Lindsey Foley, Ms. Sarah Buckwalter and their respective employees and independent contractors] (collectively the "Promotion Entities") are not eligible to participate in the Promotion. Promotion is void outside Massachusetts as well as where prohibited by law.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon the Entrant fulfilling all requirements set forth herein.
TO ENTER: During Entry Period for applicable Phase of the Promotion, visit www.salemfive.com/uncomplicateme (“Contest Website”). On the official entry form, provide all required information, including your name, address, daytime telephone number and e-mail address. Input an original statement (of no more than 150 words) addressing how to “uncomplicate” your life with specific respect to the theme of the applicable Phase of Promotion; e.g., for Phase II, statement should discuss how you wish to “uncomplicate” your life with specific respect to your style. PLEASE NOTE: If you choose to submit a photo and/or video, the max filesize for all uploads (photo & video) is 500MB, and the max length for video is 60 seconds. Check the boxes indicating that (a) you have read, fully understand and agree to these Official Rules and (b) that the statement is truthful and your original work. YOUR ENTRY (AND STATEMENT) WILL NOT BE ACCEPTED IF BOTH OF THESE BOXES ARE NOT CHECKED. Then, click “Submit.”
ENTRY LIMIT & OTHER RESTRICTIONS: A given person may only submit one (1) Entry per Phase of the Promotion. (If participating in more than one  Phase of the Promotion, do NOT submit the same statement for multiple Phase[s]). Should an Entrant violate the entry limit, only the first Entry received for a given Phase of the Promotion will be accepted. However, Sponsor/Administrator expressly reserve the right, in their sole discretion, to disqualify Entrant altogether and void all his/her Entries, if Entrant is determined to have engaged in repeated, egregious or blatant violation of entry limit. Once submitted, an Entry/statement cannot be modified or supplemented by Entrant. Statement will only be accepted if submitted as part of official entry form. If submitted via any other means, statement will NOT be accepted. Statement must have been created solely by Entrant and specifically for this Contest; joint/team/group Entries are NOT allowed.
CONTENT REQUIREMENTS FOR STATEMENT: For Entry to be eligible, statement contained therein must meet the following requirements and guidelines (as determined by Sponsor/Administrator in their sole discretion):
Sponsor/Administrator reserve the right (but are in no way obligated to) advise an Entrant if his/her statement is in violation of the preceding content requirements. Should Sponsor/Administrator choose to do so, Entrant will have an opportunity to remedy such defect(s) in his/her statement, provided that sufficient time remains prior to the end of the applicable Phase of the Promotion. Sponsor/Administrator shall not have any liability in conjunction with their decision whether (or not) to provide an Entrant with the opportunity to remedy defect(s) in his/her statement including whether (or not) sufficient time remains for an Entrant to remedy defect(s) in his/her statement.
GRANT OF RIGHTS IN STATEMENT: Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her statement in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant. Entrant further waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in his/her statement. Entrant further agrees, upon Sponsor's request and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this section. Entrant also understands and agrees that (I) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the statement submitted by Entrant when participating in the Contest and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith; and (II) Sponsor and its agencies do not have any duty of confidentiality or other fiduciary duty to Entrant relative to the statement submitted as part of his/her Entry in the Promotion.
Posting of Statements: Sponsor will post on the Contest Website statements from Entries from confirmed Winners for purposes of public voting/winner determination (see WINNER DETERMINATION/Winner Notification below). Separate and apart from public voting, Sponsor may (but is in no way obligated to) post on the Contest Website and/or elsewhere statements which are NOT from confirmed Winners; and, any such posting (separate and apart from public voting) is solely for entertainment purposes and in no way binding upon Sponsor or Administrator. In all cases, Sponsor and Administrator (a) expressly disclaim any and all liability for technological, programming, electronic or other limitations, malfunctions or errors such that the statement as posted differs from the statement originally submitted by an Entrant as part of his/her Entry; (b) reserve the right to post statements in any order, pattern or sequence, as well as to vary such order/pattern/sequence one or more times as Sponsor/Administrator see fit in their sole discretion; (c) to attribute a statement to an Entrant in a manner of their sole choosing (with the understanding that, in conjunction with public voting, the inclusion of an attribution will be undertaken in a manner which is fair to all confirmed Winners) and (d) only in the context of public voting should the posting of statement be construed as any representation as to the eligibility or selection of statement/Entry in the Promotion and, otherwise, posting of statement is in no way binding upon Sponsor or Administrator.
POSTED STATEMENTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR ADMINISTRATOR IN ANY MANNER.SPONSOR/ADMINISTRATOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING OF STATEMENTS AND DISCLAIM ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING STATEMENTS PRIOR TO POSTING OF SAME. SPONSOR/ADMINISTRATOR WILL NOT EDIT STATEMENTS PRIOR TO POSTING OF SAME IN CONJUNCTION WITH THE CONTEST.
Judging/Selection of Winners. For each Phase of the Promotion, a judging panel comprised of representatives of Sponsor and Administrator will review statements from all eligible Entries and select the top five (5) as potential winners. Potential winners will be selected based on the following criteria: applicability (40%); creativity (40%); feasibility (20%). In the event of a tie, the Entrant among those tied whose statement received the higher/highest score in applicability, will be deemed the potential winner. Eligible statements/Entries will only be evaluated for the Phase in which they are received.
Winner Notification. Administrator will attempt to notify by telephone and/or email (method[s] of notification being determined in Administrator’s sole discretion) potential Prize winners. In order to remain eligible for the Contest, potential Prize winner must complete, execute and return an Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”) within three (3) business days. If potential Prize winner fails to comply with this requirement; if he/she is ineligible to receive a prize or otherwise not in full compliance with these Official Rules; the he/she cannot be contacted after reasonable effort as determined by Administrator in its sole discretion, such potential Prize winner will be disqualified and will not be able to win any prize in the Contest (and, as such, the potential Prize winner’s statement will not be posted for purposes of public voting). In such event, the Entrant with the next highest ranked Entry/statement in the applicable Phase of the Promotion will be deemed the potential Prize winner instead.
Public Voting/Determination of Grand Prize Winners. For each Phase of the Promotion, the potential Grand Prize winner will be determined from among the confirmed Winners (as discussed above) based upon the results of public voting. Members of the public who are legal U.S. residents and 18 years or older and who register at the Contest Website may vote for their choice among the confirmed Winners’ statements for the applicable Phase of the Promotion. There is a limit of one (1) vote for one (1) confirmed Winner’s statement per registered person/e-mail address for each Phase of the Promotion. In the event of a tie, the judging panel will re-evaluate the tied Winners’ statements based on the judging criteria set forth above so as to determine the Grand Prize winner for the applicable Phase. Sponsor/Administrator reserve the right to discount votes and/or take other remedial actions (including disqualification of Winner should the case warrant; and, in such case, the disqualified Winner will not receive any prize in the Promotion) should Sponsor determine that the integrity of the public voting procedure has been compromised in any respect. Any information posted on the Contest Website or elsewhere by Sponsor or Administrator as to the number of votes received by a given confirmed Winner is for informational purposes only, is not binding upon Sponsor or Administrator and may be modified by Sponsor/Administrator at any time without notice or liability of any kind.
Grand Prize (1): (3) in-home cooking demonstrations by professional chef Anna Rossi and (12) prepared meals ( meals per week) for four (4) persons. Total Approx. Retail Value: $5100. Demonstrations will address proper organization of kitchen as well as culinary instruction. Food is included as part of each demonstration. Each demonstration will last between (2) and (3) hours. Each prepared meal consists of an entrée, beverage and dessert. It is the Winner’s sole responsibility to advise Sponsor and Ms. Rossi beforehand of any food allergies or dietary restrictions so that appropriate food items may be procured; BUT, SPONSOR AND MS. ROSSI WILL MAKE ONLY COMMERCIALLY REASONABLE EFFORTS TO ACCOMMODATE WINNER’S DIETARY RESTRICTIONS AND THEIR INABILITY TO DO SO WILL NOT RESULT IN ANY LIABILITY TO EITHER PARTY.
First Prizes (4): (10) meals for four (4) persons from www.justaddcooking.com. Each prepared meal consists of an entrée, beverage and dessert. It is the winner’s sole responsibility to advise Sponsor and Just Add Cooking Inc. beforehand of any food allergies or dietary restrictions so that appropriate food items may be procured; BUT, SPONSOR AND JUST ADD COOKING INC. WILL MAKE ONLY COMMERCIALLY REASONABLE EFFORTS TO ACCOMMODATE WINNER’S DIETARY RESTRICTIONS AND THEIR INABILITY TO DO SO WILL NOT RESULT IN ANY LIABILITY TO EITHER PARTY. Approx. Retail Value: $278 each.
Grand Prize (1): (1) in-home consultation regarding winner’s closet by personal stylist Lindsey Foley and (1) shopping experience for winner with Ms. Foley. Consultation will address the status of winner’s current wardrobe, including appropriate modifications as well as assisting the winner in better articulating his/her fashion style. Shopping experience may include a trip to a physical retail location (e.g., shopping mall) within reasonable driving distance of winner’s residence (as determined by Sponsor and Ms. Foley in their sole discretion) and/or on-line shopping and/or ordering of items via phone. Consultation will last for approximately (2) hours; shopping experience will last for approximately (8) hours. Winner will also receive a $2,000 VISA** gift card which may be used to purchase items during shopping experience or otherwise. Total Approx. Retail Value: $2980
First Prize (4): $250 gift card to StitchFix.
Grand Prize (1): (1) in-home consultation regarding a room winner’s room by professional organizer, Sarah Buckwalter. Consultation will address the status of chosen room, including recommendations for re-designing the room in line with winner’s vision. Consultation will last for approximately (2) hours. Winner will also receive a $2,000 The Container Store gift card which may be used to purchase items to furnish/re-design the room or otherwise. Total Approx. Retail Value: $3,000.
First Prize (4): $250 gift card to The Container Store.
TOTAL APPROX. RETAIL VALUE OF ALL PRIZES: $14212.
Grand Prizes: Demonstrations/consultations (including for Phase II Grand Prize, shopping experience) and are subject to availability/professional commitments of Talent (i.e., Ms. Rossi, Ms. Foley, Ms. Buckwalter; as applicable) as well as blackout dates and other restrictions. With Sponsor’s consent (which may be granted or withheld in its sole discretion and without liability of any kind), winner may invite guest(s) to attend demonstration(s)/consultation (and, for Phase II Grand Prize, to take part in shopping experience). Demonstrations/consultations (including for Phase II Grand Prize, shopping experience) cannot be electronically or otherwise recorded by or on behalf of winner but may be recorded by or on behalf of Sponsor and/or applicable Talent; and, as between Grand Prize winner and Sponsor (or Talent), Sponsor (or Talent) will own any and all rights to such recorded content and Grand Prize winner agrees upon Sponsor’s (and/or Talent’s) request and without additional compensation to sign any necessary documents so as to perfect, effect or record Sponsor’s (or Talent’s) ownership rights in the recorded content. Sponsor reserves the right, without liability or notice of any kind, to replace designated Talent with another professional of Sponsor’s sole choosing with similar expertise as designated Talent; and, should Sponsor do so, Grand Prize winner will NOT receive any additional compensation or prize in conjunction therewith.
First Prizes: Gift cards are subject to terms and conditions of applicable issuer. For Phase II First Prize, gift card is redeemable only at www.stitchfix.com. For Phase III First Prize, gift card is redeemable at any The Container Store location, www.containerstore.com or via telephone order.
In General: Limit of one (1) prize per person/family/household/address. Prizes may not be transferred or assigned in whole or in part. Except for gift card prizes (and only to the extent required by law), prizes are not redeemable or exchangeable for cash. Winner will be solely responsible for paying all applicable taxes on prize. For Grand Prize winners, Sponsor will report winner’s receipt of prize to governmental authorities as required by applicable law, with issuance of an IRS 1099 Tax Form for the value of prize. Except where prohibited by law, acceptance of prize constitutes winner’s permission for Sponsor and its designees to use winner’s name, hometown, likeness, statements, other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without prize, incentive, consideration, consent or review; and upon request, winner will provide written consent to such use.
**Third party trademarks are used herein solely for prize identification purposes. No endorsement, sponsorship, affiliation or authorization is intended or implied by such use.
GENERAL CONDITIONS/RELEASE. By participating, Entrants (a) release Promotion Entities, their respective directors, officers, agents and employees (collectively the “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of prize; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize including, but not limited to prize quality or availability. Neither Released Parties nor any service providers are responsible for any incorrect or inaccurate information supplied by Entrants while participating in the Promotion, incorrect or inaccurate transcription of entry information, or for any human or other error, lost data, omission, interruption, deletion, defect, any other error or malfunction, or late, lost, damaged or misdirected Entries/statements or votes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS OR, IF ENTRANT/INDIVIDUAL OTHERWISE UNDERMINES THE LEGITIMATE OPERATION OF THE PROMOTION (INCLUDING SPECIFICALLY BUT NOT LIMITED TO THE PUBLIC VOTING PROCESS) MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH ENTRANT(S)/INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Use of automated or programmed methods of entry or voting are prohibited. Sponsor and Administrator are not liable or responsible for late, invalid or misdirected Entries/statements or votes, all of which will be disqualified. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Promotion is not capable of being executed as planned, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Administrator reserves the right at its sole discretion to disqualify any suspect entry and to cancel, terminate, modify or suspend the Promotion. In the event of any cancellation, termination or suspension, notice thereof will be posted at the Contest Website and the selection of winners will be made from among all eligible Entries received prior to the action taken by Sponsor or otherwise in a manner determined by Sponsor/Administrator, in their sole discretion, to be fair, appropriate and consistent with these Official Rules. Entries not complying with all rules are subject to disqualification.
GOVERNING LAW/JURISDICTION/DISPUTES. Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or the awarding of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion 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 out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Michigan.
ENTRANT'S PERSONAL INFORMATION: Information collected from Entrants is subject to Sponsor’s Privacy Notice available at https://www.salemfive.com/customer-support/security-center/privacy-policy. You are advised to carefully review the Privacy Notice BEFORE participating in the Promotion.
WINNERS LIST: To receive Promotion results (winners’ list), visit www.promodetails.com and enter the Promo Code “SALEMFIVEUNCOMPLICATEME”. Winners’ list will be available after 05/30/2017 and until 07/01/2017.
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