VOID OUTSIDE ILLINOIS, OHIO AND WISCONSIN AND WHEREVER PROHIBITED. DO NOT ENTER THIS CONTEST IF YOU ARE NOT 21 YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN ILLINOIS, OHIO OR WISCONSIN. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.
BASIL HAYDEN’S ® DESIGN CHICAGO
OFFICIAL RULES
1. NO PURCHASE NECESSARY. A purchase will not increase your chance of winning. Legal residents of Illinois, Ohio and Wisconsin who are 21 years of age or older may enter the Basil Hayden Design Chicago (“Contest”) beginning on July 3, 2008 12:00:01 am CDT and ending on August 15, 2008 11:59:59 pm CDT (“Contest Period”) by regular mail or on-line by following the onscreen instructions and those instructions contained in these Official Rules.
To enter, create an original design inspired by Basil Hayden™ bourbon in one of the following categories: Artwork; Fashion, Furniture; or Interior Design Elements (e.g., lighting, pillows/curtains, room accents). Submit: (i) your design plans, (ii) your design category (Artwork, Fashion, Furniture or Interior Design Elements) and (iii) an original essay consisting of no more than 100 words, in English, describing your design, how it is inspired by Basil Hayden bourbon and why you deserve to win.
A. To enter by regular mail: On the entry form available for download on the website or a 3" x 5" card, handprint your name, address, city, state, zip code, area code and day and evening phone numbers, date of birth, and e-mail address (if any). The essay must be legibly handwritten or typed on a single sheet of plain 8 ½” x 11” paper, and the design plan must be no smaller than 5 by 7in and no larger than 11 by 14in. Mail your entry in an appropriate mailer or envelope with sufficient postage affixed to: Basil Hayden Design Chicago, c/o Out Magazine, 245 W 17th Street, Suite 1200, New York, NY 10011. All mail-in entries must be post-marked by August 15, 2008 and received by August21, 2008.
B. To enter on-line: Beginning 12:00:01 am CDT on July 3, 2008, access www.out.com/designchicago and follow the on-screen instructions to submit an entry. Essay will be accepted in .doc, .txt or .wpd formats; design plan cannot exceed 10 megabytes in size and will be accepted in .jpg, .tiff, .giff, .eps and .raw formats. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted e-mail address. All on-line entries must be transmitted and received by 11:59:59 pm CDT on August 15, 2008.
Jim Beam Brands Co. and OUT Magazine (“Sponsors”) assume no responsibility for lost, late, damaged, misdirected, illegible, incomplete or postage-due mail or entries, all of which shall be void. Sponsors are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsors on account of technical problems or traffic congestion on the Internet or at any web site, human or technical error or failure of any kind in the transmission, receipt or processing of online entries, or any combination thereof including but not limited to any injury or damage to an entrant's or any other person's computer related to or resulting from participating or downloading any materials in this promotion. Sponsors reserve the right, in their sole discretion, to cancel or suspend the on-line portions of this Contest should a virus, bug or other cause beyond the reasonable control of Sponsors corrupt the security or proper administration of the Contest, and to award the prize from among all eligible online entries received prior to the time such action was taken. Any attempt to deliberately damage any web site or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Sponsors reserve the right in their sole discretion, to disqualify any individual (and his or her Contest entry) if such individual tampers with the entry process, or in any way attempts to undermine the integrity and/or proper play of the Contest.
2. Limit one entry per person or e-mail address, whether submitted by mail or on-line. If more than one entry is received per person or e-mail address, all such entries submitted will be disqualified.
3. Valid entries received by the dates and times set forth in Rule 1 will be eligible to be judged on or about August 21, 2008 (see Rules 4, 5 and 6, below, for judging details). Proof of mailing, e-mailing, registering or uploading does not constitute proof of delivery or receipt by Sponsors within the Contest Period. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements, and agree to waive all rights and remedies at law or in equity for any claim they may have relating to this promotion. All entries become the property of Jim Beam Brands Co. (“Jim Beam”) and will not be returned.
Entries must be submitted by, and in the name of, one individual. Design plans should not include any Basil Hayden trademarks or logos. Any such use will disqualify the entry. By entering, entrant represents that his/her submission is his or her original work; that neither the submission itself nor the act of preparing the submission infringes or infringed on the intellectual property rights or other rights of any third party; and that the submission has not been submitted in any other contest or won any award in any contest. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation. The Sponsors reserve the right to disqualify any submission that they determine (in their sole discretion) to contain any content that is obscene, defamatory, dangerous, discriminatory, infringing or otherwise inappropriate or unsuitable for publication, or that contains any trademarks of Sponsors or third parties. All entrants must use caution and common sense in creating their entries.
Selected design plans and essays may be posted online, or displayed at on-premise establishments, or on marketing materials, in Sponsors’ sole discretion. The posting or display of an entry is not meant to indicate that the entry is a winner, provisional winner, Semi-Finalist or Finalist in the Contest, or that it is otherwise favored in any way. Postings and displays will occur solely for promotional purposes.
4. First Round: On or about August 21, 2008, eligible entries will be judged by a panel of qualified judges selected by Sponsors who will apply the following criteria in selecting up to five (5) top entrants in each category (Artwork, Fashion, Furniture, Interior Design Elements), provided a sufficient number of entries is received in each category: originality (25%), relevance to theme (25%), feasibility (25%), and creativity (25%). These selected entrants (“Semi-Finalists”) will continue on to the Second Round of the Contest. The Semi-Finalists will be notified that they have been selected by phone or mail in the Sponsors’ discretion on or about August 21 2008. In the event of a tie, the tied entrant with the highest score in the “creativity” criterion will be declared the Semi-Finalist. In case of a tie involving a Wisconsin resident, tied entrants will be declared Semi-Finalists.
5. Second Round: On or about Aug 25, 2008, the Semi-Finalists’ entries will be judged by Nate Berkus who will apply the following criteria in selecting the top three (3) Semi-Finalists, provided a sufficient number of entries is received: originality (25%), relevance to theme (25%), feasibility (25%), and creativity (25%). The top 3 Semi-Finalists (the “Finalists”) may be from any category (e.g., 2 Artwork and 1 Fashion; 3 Interior Design Elements; etc.). The Finalists will be notified that they have been selected by phone or mail in the Sponsors’ discretion on or about Aug 25, 2008. In the event of a tie, the tied entrant with the highest score in the “creativity” criterion in the first round judging phase will be declared the Finalist. In case of a tie involving a Wisconsin resident, tied Semi-Finalists will be declared Finalists.
6. Final Round and Finalist Prize: Each Finalist will be provided a budget of Two Thousand Five Hundred dollars ($2,500.00) for labor and materials to implement their design plan (“Produced Pieces”); Semi-Finalists may not spend more than the $2,500.00 provided. Sponsors may audit receipts to verify amounts spent on labor and materials. Any Produced Piece violating the spending limit will be disqualified. Finalists shall have until Oct 3, 2008 to complete their Produced Pieces. Produced Pieces will be displayed at the final event in Chicago, IL on Oct 16, 2008 (the “Event”). FINALISTS will need to be in attendance at the final event, and may be asked for a bio and or press interview. Produced Pieces will need to arrive to the final event by Oct 13, 2008
The Produced Pieces will be displayed for viewing for a period of 4 hours at the Event between approximately 7:00pm – 11:00pm (the “Public Voting Period”). The Public Voting Period start and end times shall be established and enforced in the Sponsors’ discretion. Registered Event attendees who are at least twenty-one years of age at the time of the Event shall be eligible to enter one (1) vote for the Produced Piece that best represents Basil Hayden™ bourbon, subject to the voting instructions to be posted at the Event. Voting by ballot, which Event Attendee will receive 1 ballot upon registration at the event and these Official Rules. No more than one vote is allowed per attendee. Votes that do not comply with the Official Rules or these requirements, or that result from fraud or collusion, may be disqualified in Sponsors’ sole discretion. If a Finalist entrant is found to have engaged in such fraud or collusion, in Sponsors’ opinion, s/he will be disqualified as a Finalist and will not be eligible to win a prize in this Contest.
Following the conclusion of the Public Voting Period, all eligible votes received for each Produced Piece will be counted. On the basis of the total number of eligible votes each Produced Piece received during the Voting Period, the Sponsors will declare one Finalist the Grand Prize Winner. In the event of a tie, the tied entrant with the highest score in the “creativity” criterion in the first round judging phase will be declared the Grand Prize Winner. In case of a tie involving a Wisconsin resident, duplicate prizes will be awarded.
Decisions of the Sponsor are final and binding in all matters relating to this Contest. Grand Prize Winner must be present at the Event to be eligible to win. Semi-Finalists, Finalists and Grand Prize Winner may be posted on the winner’s page of the Contest site www.out.com/designchicago and may be announced by news release. Winning is contingent upon fulfilling all requirements of these Official Rules.
7. Grand Prize: One (1) Grand Prize will be awarded, consisting of Ten Thousand Dollars ($10,000). Total ARV of all prizes in this Contest: $17,500. Finalists and Grand Prize Winner shall be referred to hereinafter as “winners”. Dollar amounts are expressed in U.S. currency. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed except by Sponsors in their sole discretion, or as otherwise provided herein. All income taxes on prizes are the sole responsibility of the winners. Winners will be issued IRS Forms 1099 for the value of the prizes. All prizes will be awarded according to these Rules and distributed no later than Nov. 14, 2008, provided they are claimed in accordance with these Rules.
8. By submitting an entry and/or Produced Piece (collectively, the “Contest Materials”), you warrant that it is your wholly original creation and does not infringe any copyright, trademark, publicity, privacy or other proprietary right of any third party, union or guild. You further warrant that you have received consent from anyone other than yourself who sewed, built or otherwise contributed to the production of your Produced Piece for its use in the Final Round of judging of this Contest, and understand that Sponsors may, in their sole discretion, at any time require you to provide proof of such consent. Submission of Contest Materials grants Jim Beam and its agents the right to publish, use, adapt, edit and/or modify the Contest Materials in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without notice or consideration to the entrant. By submitting Contest Materials, each entrant in the Contest further agrees that his/her submission constitutes an assignment of all rights, title and intellectual property rights in and to such Contest Materials to Jim Beam as a condition of competing for a prize, including without limitation the right to make any derivative version of the entrant’s submission, and absolute discretion to alter the entrant’s submission in any way, including without limitation editing, cropping, reformatting, title changes, and removal or addition of any element. Jim Beam may require each winner to execute documents to confirm this transfer of rights, or prize will be forfeited and an alternate winner selected based on the criteria stated herein.
Entrants further grant permission to Jim Beam to use their Contest Materials and any derivatives/portions thereof, names, likenesses, and biographical information for promotional or advertising purposes in all media worldwide, without notice or further compensation (unless prohibited by law). By participating, entrants hereby agree to release and hold harmless Sponsors, its affiliates, subsidiaries, each of their respective directors, officers, shareholders, employees, agents, and advertising and promotional agencies of each of them (collectively the “Releasees”) from and against any and all liability for claims, costs, injuries, losses or damages of any kind, (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, or loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) which may occur in connection with use of the “www.out.com/designchicago” Web site (including but not limited to damage to entrant’s or others’ computer equipment resulting from participation), their preparation for or participation in the Contest or preparation/posting of Contest Materials, or from their acceptance, possession use/misuse of any prize they may be awarded.
Winners agree to indemnify and hold the Releasees harmless from and against any claims, suits, losses, damages and expenses, including reasonable attorney fees, which arise in connection with any allegation that their submission violates the intellectual property rights of any third party, or in connection with any allegation based on rights of privacy or publicity, defamation or portrayal in a false light. Each potential Winner must provide positive identification specified by Sponsors to claim a prize. Each potential Winner will be notified by e-mail, phone or postal mail at Sponsors discretion and will be required to execute and return a Affidavit of Eligibility and Publicity/Liability Release (where permitted) within seven (7) days of first attempted written prize notification or winner may be disqualified and an alternate potential winner selected based on the criteria stated herein, time permitting. If prize notification is returned as undeliverable, prize will be forfeited and awarded to an alternate potential winner based on the criteria stated herein, time permitting. Sponsors may require any person or entity that contributed to the creation of a Produced Piece to execute an Intellectual Property Transfer Agreement; failure to do so may subject the entrant to disqualification from participation in the Final round of the Contest and/or winning a prize, at the sole discretion of the Sponsors.
9. This Contest is open to legal residents of Illinois, Ohio and Wisconsin who are 21 years of age or older at the time of entry, except employees, directors, officers and agents of Sponsors, their parent, affiliate, and subsidiary companies, distilled spirit wholesalers, distributors, licensed retailers, their advertising and promotion agencies and members of the immediate families or households of any of the above. This Contest shall only be construed and evaluated according to United States law, and submission of an entry constitutes acceptance of the laws of the United States. This Contest is void outside the states of Illinois, Ohio and Wisconsin and where prohibited by law.
10. For a list of the prize winners, send a self-addressed stamped business-size envelope after Oct 16,2008 and no later than Nov 16, 2008 to: Basil Hayden Design Chicago Contest, c/o Out Magazine, 245 W 17th Street, Suite 1200, New York, NY 10011or visit the OUT Magazine web site at www.out.com/designchicago between the above-referenced dates.
11. Sponsors:
Jim Beam Brands Co., 510 Lake Road, Deerfield, IL 60015
OUT Magazine 245 W 17th Street, Suite 1200, New York, NY 10011
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Basil Hayden's® Kentucky Straight Bourbon Whiskey, 40% Alc./Vol. ©2008 Kentucky Springs Distilling Co., Clermont, KY.