B&B + DWR Contest Rules

OFFICIAL RULES

NO PAYMENT, ENTRY FEE OR PURCHASE REQUIRED TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND D.C. ENTRANTS MUST BE AT LEAST EIGHTEEN (18) YEARS OLD (OR AGE OF MAJORITY IN THEIR STATE OF RESIDENCE)  AT TIME OF ENTRY.  VOID WHERE PROHIBITED.

The Brick & Batten + DWR Planter Giveaway Contest (the “Contest”) may only be entered from the 50 United States and Washington D.C. (the “Eligible Jurisdictions”) and entries originating from any other jurisdiction, including any jurisdiction expressly voided under these Official Rules, are not eligible for entry. This Contest is sponsored by Brick & Batten, Inc. (“Sponsor”) in partnership with Design within Reach, Inc. (“Partner”) as indicated on the Contest entry forms as outlined below (“Materials”).

HOW TO ENTER. There is only one (1) method of entry. Between Thursday, August 31, 2023 through Wednesday, September 20, 2023 (the “Contest Period”), you can enter the Contest by using the Materials provided on the brick & batten and DWR social media pages. Each week, a different entry form will be posted for each of the (3) planter giveaway contests. Entrants acknowledge that any exhibition, reproduction, publication, distribution, display, or use of their contest submission in any manner other than in connection with this Contest as set forth in these Official Rules is strictly prohibited.

If you choose to enter using your mobile device, standard data fees may apply.  You should consult your wireless service provider’s pricing plan for details. You agree to incur 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.

All entry information and contest submission shall be collectively referred to herein as the “Submission.” Your Submission must comply with the Content Restrictions defined below.

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 and entrant has all appropriate rights, powers and authority to grant Sponsor all licenses to the Submission as set forth herein; (b) entrant is not subject to any prior contractual, employment or third party commitments that would restrict entrant’s ability to create and enter the Submission; (c) the Submission will not infringe on any rights of any third parties, and entrant has all appropriate rights to use, and to grant Sponsor the right to use, any third party content or technology used to develop or contained in the Submission; (d) to the extent possible under applicable law, no party can invoke any moral rights in relation to the Submissions that have not been duly waived; (e) the Submission and entrant’s participation does not violate any local, state, provincial, national or foreign law; (f) the Submission does not contain the confidential information of any third party, and to the extent it contains entrant’s confidential information, such information immediately becomes non-confidential the moment entrant submits the Submission to Sponsor and (g) the Submission is not being submitted on behalf of any education institution or any other third party.

Subject to the exceptions set forth herein, entrants shall retain ownership in and to their Submission, including all intellectual property rights relating thereto.  Notwithstanding the foregoing, Sponsor and its designees or successors shall have an irrevocable, unrestricted, fully sublicensable, transferable, perpetual (or for the duration of protection of the rights where perpetuity is void), exclusive right and license to use, reproduce, modify, publish, manufacture, sell, create derivative works from, and display Submissions in whole or in part, on a worldwide basis, with or without identification of the entrant or any authors of the Submission, in whatever form and in whatever circumstances they see fit, and to incorporate it into other works, in any form or in any manner and in any and all distribution channels, media or technology now known or later developed in any medium known at the time when such rights were granted, for any purpose whatsoever, without prior review, payment, compensation, or additional consent by entrant, including for promotional or marketing purposes, administration of the Contest, and in advertising and publicity related to the Contest, and entrants consent to Sponsor doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of the entrant’s moral rights, to the fullest extent permitted by law. In granting this license, Entrant understands and agrees that Sponsor or Partner is under no obligation to exercise any of its rights, licenses and privileges herein granted.  Entrants hereby agree to do such other things and execute such other documents as may be reasonably requested in order to allow the Sponsor and Partner to make such use of, and exercise such rights over, their Submission.

For the avoidance of doubt, entrant expressly grants Sponsor and Partner the right to review entrant’s Submission and to have the Judges (as defined herein) review the Submission.  Entrant also expressly acknowledges that Sponsor [and Partner] may post entrant’s Submission or descriptions therein, on the Site and/or on Sponsor’s or Partner’s digital and social media channels, with or without entrant’s name, picture, photograph or biographical information.

Entrants agree that entering the Contest may affect his/her legal rights, including, but not limited to, each entrant’s ability to obtain patent rights, copyright registration, trade secret protection, or other intellectual property or proprietary rights with respect to the information disclosed in the Submission. Entrants agree that Sponsor has not induced any entrant to enter the Contest and is not responsible or liable to any entrant for any loss of right suffered by any entrant for entering the Contest.

USE AND RIGHTS TO MATERIALS.  Use of the Materials for any purpose other than for the Contest is strictly prohibited. Entrants agree not to modify or alter the Materials in any way whatsoever, except for the express purpose of entering the Contest. The entrants’ use of the Materials must be consistent with the overall guidelines set forth in these Official Rules.  Further, entrants acknowledge Sponsor and Partner’s ownership of the Materials and agree not to contest or assist others to contest the ownership and validity of the same and agree that it will not use the Materials or confusingly similar intellectual property as part of any other current or future work.  It is agreed and understood that Sponsor and Partner retain all right, title, and interest in and to the Materials, all of which shall remain the exclusive property of the Sponsor and Partner.

Except for use of the Materials for the express purpose of entering the Contest, no other license or right to use Sponsor or Partner’s Intellectual Property is granted herein.  For the purpose of these Official Rules, the term “Intellectual Property” means all intellectual property under laws of the relevant jurisdiction, such as by way of example and not limitation, names, trademarks, logos, symbols, emblems, designs, colors, identifications, and designations, service marks, images, text, copyrights, trade colors and the goodwill associated therewith.

ENTRY SUBMISSION 

Receipt of entries will not be acknowledged or returned. Sponsor and Partner are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, 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 or Partner.  By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.  Entrants must comply with the applicable laws, decrees, regulations and guidelines of their Eligible Jurisdiction, and Sponsor and Partner will have no obligation to change or modify any of these Official Rules or take any further action as a result of such laws, decrees, regulations or guidelines of any Eligible Jurisdiction, except as is otherwise provided in these Official Rules.

ELIGIBILITY. Participation open only to legal residents of (i.e., entrants who have a registered address in) the Eligible Jurisdictions, who are at least eighteen (18) years of age and who have a valid email address and/or social media account, as applicable.  Employees, officers, directors and agents of the Sponsor, Partner and each of their respective controlled subsidiaries and affiliates globally as well as their respective promotion agencies, and the immediate family members (meaning spouses, parents, siblings, children and their respective spouses) and members of the households of such employees, officers, directors and agents are not eligible. All potential winners are subject to verification before any prize will be awarded. Use of a profane social media username or the submission of false or misleading personal information will result in disqualification.  Sponsor and Partner reserve the right to permanently disqualify from this Contest any person they believe has intentionally violated these Official Rules.  Persons are not authorized to participate in the Contest if they are not located within the Eligible Jurisdictions.  All applicable federal, state, provincial and local laws and regulations apply.

CONTENT RESTRICTIONS: By entering the Contest, each entrant agrees that entrant’s Submission conforms to the Content Restrictions as defined below and that Sponsor and Partner, in their sole discretion, may remove any Submission and disqualify an entrant from the Contest if they believe, in their sole discretion, that the entrant’s Submission fails to conform to the Content Restrictions.

The Submission must not contain material 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;

  • The Submission must not have been previously displayed or exhibited publicly;
  • The Submission must not disparage Sponsor, Partner or any other person or party;
  • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libellous;
  • The Submission must not 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;
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the Eligible Jurisdiction or of any jurisdiction where Submission is created or submitted;
  • The Submission must not include any material including malware, spyware, viruses, worms, malicious code and any and all other code, instructions or components that are deceptive, malicious, harmful or designed to interfere with, breach, harm or limit the functionality or security of any product, service, network or other system or technology of Sponsor or any other third party; and
  • The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.

JUDGING PANEL/JUDGING CRITERIA.  All eligible Submissions will be judged by Sponsor and Partner judges (collectively, the “Judges”) on or about the dates indicated on the Materials.  All Submissions will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): (a) how successfully the Submission adheres to the Materials; and (b) whether the Submission showcases an innovative idea for product placement and usage. The Judges reserve the right to either disqualify any ineligible Submissions or to request that any entrant re-submit a Submission to conform to these Official Rules within a time-frame communicated by Sponsor. Should any entrant be asked to re-submit a Submission and fail to do so within the time-frame and/or manner communicated by Sponsor and Partner, such entrant may be disqualified in Sponsor and Partner’s sole discretion.  The Judges will determine the contest winners based on the most innovative responses and images (subject to verification and compliance with these Official Rules).

PRIZES.  One (1) grand prize winner (“Winner”) each week will receive a set of free planters.  The week 1 Winner will receive a set of Knox Planters, the week 2 Winner will receive a set of Cone Planters, and the week 3 Winner will receive a set of Monstruous Model Two planters (collectively, the “Prize”). Retail value (“ARV”) of the Prize will vary based on the Winner’s selection of planter color and size.

Prize is non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor and Partner’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor and Partner’s sole and absolute discretion and are subject to change. In the event that Sponsor and Partner are unable to provide the Winner with the Prize or any portion thereof, the Sponsor and Partner may elect to pay the Winner the ARV of the Prize or award an alternate prize of comparable or greater value. The Prize is awarded “AS IS” and without warranty of any kind, express or implied. Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize. The Winner may be required to provide Sponsor and Partner with a valid social security number or tax identification number before the Prize will be awarded for tax purposes. An IRS Form 1099 may be issued in the name of the Winner for the actual value of the prize received. Unclaimed prizes will be forfeited.  Prize may not be substituted, transferred, or redeemed for cash, except by Sponsor or Partner, who reserve the right to substitute similar prize of comparable or greater value in its sole discretion.  Acceptance of Prize constitutes permission for Sponsor and Partner to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.

Winners understand and agree that Sponsor and Partner shall have exclusive third-party commercial marketing rights with respect to all Submissions and any commercial development thereof.

If due to a printing, production or other error, more prizes are claimed than are intended to be awarded, the intended prize will be awarded in a random drawing from among all verified and validated prize claims received. No more than the stated number of prizes will be awarded.

NOTIFICATION. Winners (and potential winners) will be notified via email by dates indicated on entry form. Winners may be required to sign and return, where legal, an Affidavit and/or Declaration/Certification of Eligibility, Liability/Publicity Release within five (5) days of receipt. Winner will be required to email Sponsor and Partner within five (5) calendar days in order to claim their prize.

If any 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 any winner rejects his/her prize or in the event of noncompliance with these Contest Rules and requirements, or any other laws, rules or regulations of any applicable jurisdiction by the winner, such prize will be forfeited and may be awarded to the Submission with the next highest rank. Upon prize forfeiture, no compensation will be given.

CONDITIONS.  Contest entrants agree to be bound by the terms of these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein.  All decisions of Sponsor and Partner which are final and binding on all matters relating to this Contest. By entering, participants release and hold harmless Sponsor, Partner, and each of their respective subsidiaries, affiliates, representatives, promotion, advertising and online technology agencies, prize suppliers and all others associated with the development or execution of this Contest  and each of their respective owners, shareholders, directors, officers, employees, contractors and agents (the “Releasees”) from any and all liability or any injuries, loss or damage of any kind arising from or in connection with participation in this Contest or acceptance, use, misuse or nonuse of any Prize or parts thereof, including, without limitation, liability for death, personal injury, damage or loss of any kind, and from liability to any other persons relating to or resulting from entering or downloading materials or software in connection with this Contest.  The Releasees do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority, of if the Contest cannot take place or if the Prize cannot be awarded due to acts of war, natural disasters, weather, or acts of terrorism. Sponsor reserves the right to modify this Contest in any way it deems necessary or appropriate and to cancel this Contest if it deems necessary or appropriate.

INTERNET. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically register and/or enter repeatedly is prohibited. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor and Partner reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest for any reason. Should this Contest be terminated, Sponsor and Partner reserve the right to select the Winner in a random drawing from among all eligible, non-suspect entries received as of the action requiring such termination. Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Releasees are not responsible for lost, late, garbled or misdirected or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor or Partner on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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 OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

RIGHTS GRANTED BY YOU.  By entering this contest the entrant understands that the Sponsor, Partner or anyone acting on behalf of Sponsor or Partner, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry and Winner’s name, portrait, picture, voice, likeness, image or statements about this Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

DATA COLLECTION.  All personal information submitted in relation to the Contest will be handled in accordance with applicable privacy laws, these Official Rules, and the privacy notices of each the Sponsor and Partner. The name of the Winner will be made available as provided for below.

WINNER ANNOUCEMENT. Winners will be contacted directly via email by the Sponsor and announced on social media by the dates indicated on the Materials.

DISPUTES. Any claims arising out of the Contest shall be governed solely by Georgia law and may be brought only in a federal or state court in Georgia. If any provisions of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.  EXCEPT WHERE PROHIBITED, ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) 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 (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, 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.

SPONSOR. This Contest is sponsored by Brick & Batten, 538 E. Lake Drive Decatur, GA 30030. All inquiries regarding the Contest should be directed to Brick & Batten.

PARTNER PRIZE PROVIDER.  Design Within Reach, Inc. is the prize provider only in this Contest; they are not a sponsor of this Contest; they are not responsible for the administration of the Contest, the collection of the entries or the conduct of the Contest to select the Winners.

All Brick & Batten trademarks are the property of Brick & Batten, Inc. All Design Within Reach trademarks are the property of Design Within Reach, Inc.

Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest.  This Contest may be advertised on social media sites or other platforms, but you understand that you are providing your information to Sponsor and Partner, and this Contest is in no way sponsored, endorsed or administered by, or associated with, such social media sites or other platforms (e.g., Facebook, Twitter, Instagram, Snapchat, YouTube, Pinterest, TikTok, LinkedIn or Google).

If one or more provisions of these Official Rules shall be found invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Official Rules shall not be affected in any way thereby.