Holiday Hearth Decorating Photo Contest Official Rules



1. Eligibility. Participation in the Holiday Hearth Decorating Photo Contest (“Contest”) is open only to legal residents of the fifty United States, Canada (excluding residents of the Province of Quebec), and the District of Columbia who are 18 years of age or older as of date of entry. Employees, officers, and directors of Hearth, Patio & Barbecue Association (HPBA) (“Sponsor”), its members, affiliates, advertising and promotional agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. All federal, state and local laws and regulations apply.


2. Agreement to Comply with Official Rules.  Participation in this contest constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to this contest. Winning a prize is contingent upon fulfilling all requirements set forth herein and winners are subject to the Official Rules of this contest. In the event that any winner is found to be in violation of these Official Rules or is otherwise determined by Sponsor or its agents in their sole discretion to be ineligible, he/she may be required to forfeit the prize or to reimburse the Sponsor for the stated value of a prize if such a violation is found after costs have been incurred on behalf of a winner.


3. Timing. The Contest begins on Monday, November 6, 2017 at 12:01am Eastern Time (ET) and ends on Sunday, December 31, 2017 at 11:59pm ET (the “Contest Period”).


4. How to Enter. To enter the contest entrants must upload their original Holiday Hearth Decorating photo to the form on Product-Info/Fireplace-Stove-Heater/The-Essential-Element/Holiday-Decorating-Contest. All entry information and photo(s) are collectively referred to herein as the “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. Sponsor reserves the right to cancel or modify this contest in the event an insufficient number of entries are received that meet the minimum judging criteria. 


By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation; (c) the Submission will not infringe on any rights of any third parties; and (d) any third parties appearing in the Submission have given entrant appropriate consent to be depicted and used as permitted herein. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor’s sole and absolute discretion.


To the extent permitted by applicable law, providing a Submission constitutes entrant’s consent to give Sponsor 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, for any purpose whatsoever, including for promotional or marketing purposes. 


No automated entry devices and/or programs permitted. All Submissions become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, 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 Sponsor. 


5. Submission Guidelines and Content Restrictions. By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.  

Submission Guidelines:

·         The Submission must meet the technical and other requirements of the submission form.

·         The Submission must clearly exhibit a fireplace or stove.

·         Hang Christmas stockings or other decorations to the side, rather than in front of the firebox.

·         Keep flammables off the mantel.

-This includes candles, wreaths, paper-based decorations, wrapped objects, curtains, or other non-flame retardant objects to be determined at the discretion of the Sponsor.

·         Keep furniture 3 feet from fireplace.

·         The Submission must be current and taken during the contest period.

·         The Submission must be unique.

·         The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the contest.

·         The entrant may submit only one photo entry during the entire contest period.

·         The entrant must have obtained any and all consents, approvals or licenses required for the Submission.

·         The entrant must be at least 18 years of age to submit an entry. Entrants under the age of 18 may be featured in the photo, but must have a parent or legal guardian submit the entry.

·         The submission should not have been submitted to any other contest. Unique images are required. 


Content Restrictions- Entries may NOT contain, as determined by Sponsor in it sole discretion, content that:

·         violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;

·         contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);

·         disparages any person or entity, including without limitation. Sponsor or any other person or party affiliated with the promotion and administration of this contest;

·         is inappropriate, sexually explicit, indecent, obscene, offensive, pornographic, profane, hateful, tortious, defamatory, slanderous or libelous;

·         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;

·         promotes alcohol, illegal drugs, tobacco, gratuitous use of firearms/weapons (or the use of any of the foregoing) or a particular political agenda;

·         is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created;

·         contains look-alikes of celebrities or other public or private figures, living or dead;

·         communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law.


Sponsor reserves the right to reject or remove any Submission, in its sole and absolute discretion, that it determines does not meet the above criteria.

Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the contest.


6.  Judging/Judging Criteria. At the close of the Entry Period,  a panel of judges that have the required knowledge and experience to apply the judging criteria (defined below) will review all eligible Submissions and select one potential Grand Prize winner, and two runner ups (based on confirmation of eligibility), based on the following equally-weighted judging criteria: (a) originality and creativity, (b) appeal and inspiring content and (c) effort. Quality will not be a factor in the judging process, provided that the Submission has reasonable and visual clarity.  In the event of a tie, the Submissions with the highest originality and creativity score from the judges will be deemed the potential Grand Prize winner(s). 


7. Notification. All winners will be selected and notified on or about January 8, 2018. Potential winner(s) will be notified via the email provided in the submission and asked to respond to HPBA with their mailing information. Potential winners may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within two (2) days of prize notification. Additionally, potential winners may be required to submit releases from any and all third parties appearing in their respective Submissions. If any potential winner is considered a minor in his/her jurisdiction of residence, Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If potential winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner rejects his/her prize or in the event of noncompliance with these contest rules and requirements, such prize will be forfeited and Sponsor will attempt to award the prize to the next potential winner at random.


8. Conditions. Submissions may be cropped, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Participation in the contest and/or acceptance of a prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by winner regarding the contest or Sponsor for advertising and promotional purposes, without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, (collectively, “Released Entities”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for or participation in contest, or possession, acceptance and/or use or misuse of prize, or participation in any contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules or who attempt to interfere with this contest in any way shall be disqualified. Sponsor is not responsible if contest cannot take place or if prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism or any other cause beyond Sponsor’s reasonable control.


9. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the contest. Any controversy or claim arising out of or relating to these Official Rules and/or the contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Additionally, entrants agree that this is the sole method for dispute resolution and agree not to resort to any form of class action. The arbitration shall be conducted in Arlington County, Virginia before a single arbitrator.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ARLINGTON COUNTY, VIRGINIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Arlington County, Virginia. The parties agree not to raise the defense of forum non conveniens.

10. Additional Terms. Any attempted form of entry other than as set forth herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this contest or downloading any materials in this contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the contest. Sponsor may prohibit an entrant from participating in the contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. 

11.  List of Winners.  To obtain a list of the contest winners, send a self-addressed, stamped (except where prohibited by law) envelope by January 31, 2018 to 2017 Holiday Hearth Decorating Photo Contest, c/o HPBA, 1901 North Moore Street, Suite 600, Arlington, VA  22209.

12. Sponsor. Hearth, Patio & Barbecue Association, 1901 North Moore Street, Suite 600, Arlington, VA 22209