Last updated on 2022.01.07
TABLE OF CONTENTS
It is not necessary for individuals submitting entries (each an “Entrant” and collectively, the “Entrants”) to pay an entry fee, cast a vote, or tender payment of any kind to enter this competition (the “Competition”). Competition entry open only to individuals who are thirteen (13) years or older at the time of entry (“Eligible Entry Age”). Further eligibility restrictions are listed below. It is not necessary for individuals submitting votes (each a "Voter" and collectively, the "Voters") to pay to cast a vote, although a Voter may choose to do so if they wish to vote more than once per day during the Competition. Void where prohibited or otherwise restricted by applicable law. Purchasing votes limited to those individuals who are eighteen (18) years or older.
By entering or voting in this Competition, Entrants and Voters accept and unconditionally agree to abide by and be bound by these rules (the “Rules”), the Terms and Conditions, and any decision(s) of Sponsor (defined below). Public voting will decide the winning entries among the Entrants selected to participate in the Competition and the Grand Prize (defined below) will be awarded in accordance with these Rules. Any violation of the Rules or the Terms and Conditions, at Sponsor’s sole discretion, may result in disqualification. All decisions of the Sponsor regarding this Competition are final and binding in all respects.
THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES RELATING TO YOUR PARTICIPATION AS AN ENTRANT, VOTER, OR WINNER (COLLECTIVELY, A “PARTICIPANT”) IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF THE SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND/OR DECEPTIVE ENTRIES, VOTES, OR ACCOUNTS SHALL RENDER THOSE ENTRIES, VOTES, OR ACCOUNTS INELIGIBLE.
DIY Hero Competition, LLC (the "Sponsor") operates the DIY Hero Competition and is solely responsible for its administration and for providing any applicable prize(s). Sponsor can be reached here.
ELIGIBILITY AND CONSENT
All Entrants must be individuals of Eligible Entry Age at the time of entry and on the date that the earliest of the Submitted Photographs (defined below) were taken. All Voters purchasing votes must be at least eighteen (18) years or older on the date that their votes are purchased/cast. Void where prohibited or otherwise restricted by applicable law. Officers, Directors, and Employees of Sponsor and Sponsor’s Parent Companies (collectively, the “Competition Entities”), along with their respective family members, are ineligible to participate as Entrants or Voters. By entering the Competition, Entrants agree to the Sponsor’s use of their name, biographical information, and Submitted Photographs, for both online and offline direct marketing purposes in connection with the Competition.
HOW TO ENTER
To enter, visit diyhero.org (the “Website”) to complete and submit your official entry form. You must provide all information requested, including photographs of yourself that conform to the specifications required below (the “Submitted Photographs”), using the upload tool and instructions provided.
Entrants must appear in all Submitted Photographs. All Submitted Photographs must have been taken on or after the Entrant has reached Eligible Entry Age. Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer and anyone appearing in the photographs, to make sure that you have the rights to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Sponsor. False, deceptive, or incomplete entries or information provided by Entrants at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered.
Entrant agrees that Sponsor may contact the Entrant, including via auto-dialer, email message, or text message, for any purpose relating to the Competition, including to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional images (“Additional Photographs”). Entrants may contact the Sponsor or reply “STOP”, to withdraw consent to be contacted via auto-dialer, email message, or text message, at any time. While Entrants may have assistance in entering data and uploading the Submitted Photographs, each Entrant must otherwise complete the entry forms themself. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs on the Website and digital apps, and otherwise in connection with DIY Hero and its affiliated Competition partner brands, and in any and all media now known or hereafter discovered for the full duration of the copyright in the applicable Submitted Photographs. By entering this Competition, Entrant represents and warrants that they are of Eligible Entry Age and own or control all necessary rights in the Submitted Photographs to grant Sponsor the rights described herein.
Submission of a qualifying entry grants the Sponsor and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to irrevocably assign and transfer to the Sponsor all rights, title, and interest in the entry, including, without limitation, all copyrights reserved.
Only one (1) entry per person will be accepted; all subsequent entries will be disregarded. Entrants may submit their entry forms and photographs using the above procedures anytime during the period between 01/10/2022 and 03/22/2022 (the “Entry Period”). After entering the Competition, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants may be requested to submit Additional Photographs for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of the Sponsor), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
HOW TO VOTE
ENTRANTS ARE NOT PERMITTED TO PURCHASE VOTES, OR CAST PAID VOTES, FOR THEMSELVES. ENTRANTS CAUGHT PURCHASING VOTES, OR CASTING PAID VOTES, FOR THEMSELVES MAY BE SUBJECT TO DISQUALIFICATION. All Voters purchasing votes must be at least eighteen (18) years or older on the date that their votes are purchased/cast.
Voters can vote by doing the following: (a) all Voters will earn one (1) free vote every twenty-four (24) hours, which they can cast for their favorite Entrant, after Sponsor verifies Voter eligibility (via Facebook, SMS verification, etc.); or (b) Voters of eligible age can purchase additional votes (for one or more Entrants). “Qualifying Votes” are those placed in accordance with these Rules and the Competition Terms and Conditions, which can also be found on the Website. The winning Entrant(s) of each round of the Competition will be determined based upon the number of Qualifying Votes received, with those receiving the highest number of Qualifying Votes deemed the winner(s) of that round. “Bot” activity or any kind of robotic or automated voting mechanism is not an accepted form of voting and such votes will not be counted, if discovered. If this type of false voting is detected, the associated IP address, email address, and mobile phone number will be banned from voting. At its sole discretion, the Sponsor reserves the right to disqualify Entrants suspected in encouraging, soliciting, or otherwise knowingly participating in this type of activity, or any other voting activity the Sponsor deems unfair. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process, or the operation of the Competition.
SPONSOR WILL SELECT, IN ITS SOLE, ABSOLUTE, AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION. Selected Entrants will be divided into groups and advance to the initial public voting round. Subsequent public voting rounds (individually a "Round" and, collectively, the “Rounds”) will progressively reduce the number of Entrants. Public voting begins March 8, 2022.
NOTIFICATION TO ENTRANTS
Selected Entrants for each Round and the Grand Prize Winner will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via auto-dialer, email message, or text message. Entrants consent to a background check that may be performed, at the sole discretion of Sponsor, to verify information provided by Entrants and compliance with these Rules, or for other reasons related to the Competition. If you are selected as the Grand Prize Winner, your information may also be included in a publicly-available “Winner’s List”.
The one (1) verified Grand Prize Winner in this Competition will receive a prize package valued at an approximate maximum retail equivalent of $45,500.00, comprised of (a) $25,000 (cash) honorarium, and (b) the $20,500.00 estimated value of being photographed to be featured in a minimum two-page feature spread, interior pictorial in Make Magazine (the exact number of pages for the interior-page pictorial to be determined by Sponsor) (the “Grand Prize”). The Grand Prize Winner may refer to themself as "DIY Hero" or the “DIY Hero Winner” in written and/or descriptive materials, but only if such use(s) and display(s) is/are purely non-commercial and in no event suggest or create any confusion whatsoever that Sponsor or Make Magazine are endorsing or participating in any manner related to the use of their name, logos, or fonts.
The Grand Prize Winner will be photographed exclusively by a DIY Hero-designated photographer. The Grand Prize Winner must be available for the photo shoot within sixty (60) days after the Competition ends, with specific dates to be determined by Sponsor, and must have all necessary travel documents, in the event that travel for the photo shoot is necessary. If the Grand Prize Winner is not available for the photo shoot for any reason, Sponsor may select an alternate winner (“Alternate Winner”) by determining the Entrant with the second-most votes, and the Grand Prize will be transferred to the Alternate Winner. Winnings/Prize(s) will be provided only after receiving all necessary documentation in compliance with Competition eligibility and successful completion of feature photography at Sponsor's designated location. In the event that travel for the photo shoot is necessary, the Grand Prize Winner will be flown via round-trip coach airfare from a major United States airport that is situated near the Grand Prize Winner’s residence, as determined by Sponsor, to a major airport of Sponsor’s choosing; will be accommodated in a hotel designated by Sponsor for a minimum of 2 days/1 nights (1 queen or king-size bed); and will receive meals (selected by Sponsor) and ground transportation (selected by Sponsor). Any changes in travel once flights or other arrangements are reserved will be the financial responsibility of the changing party. In addition to the photo shoot, the Grand Prize Winner may be required to complete tasks, such as possible public relations appearances, relating to the Competition.
The Grand Prize Winner will be announced on the Website. By agreeing to appear as the winner of the Competition, the Grand Prize Winner consents to the use of their name, photos/videos (including the photo shoot, filming, interview, etc.), and/or likenesses for advertising and trade purposes in connection with the DIY Hero brand, including without limitation, the DIY Hero Competition and in Print and Digital Materials in the United States and any countries where the DIY Hero brands exist, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited. In the event there is an occurrence beyond Sponsor’s control, including but not limited to a force majeure, or act of nature, etc., Sponsor may elect, in its sole discretion, to offer a cash equivalency for any portion of the Grand Prize, in substitution for the current Grand Prize as described herein in this Section. By accepting the prize package or money, the Grand Prize Winner acknowledges compliance with these Rules. To the extent that any United States federal and/or state income or other taxes apply to the value of the prize(s) and/or award(s) provided to the Grand Prize Winner, the Grand Prize Winner shall be solely responsible for the reporting and payment of such taxes.
Sponsor reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an “Ancillary Promotion”, and collectively, the “Ancillary Promotions”). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.
Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Sponsor will provide the following information about any such Ancillary Promotion:
Examples of Ancillary Promotions may include, but are not limited to promotions related to incentivizing individuals to enter the Competition or vote for Entrants in the Competition during a designated period. In addition to any specific Ancillary Promotion Rules, these Rules, to the extent applicable, shall govern the Ancillary Promotions.
Failure to comply with these Rules may result in disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual participating in the Competition as an Entrant or a Voter, including the voiding of votes, for reasons including: (a) acting in any manner deemed by Sponsor to be in violation of these Rules; or (b) acting in any manner deemed by Sponsor to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person. Sponsor also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process(es), or the operation of the Competition. ANY ACTION BY A VOTER, ENTRANT, OR ANY OTHER INDIVIDUAL WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
REQUIREMENTS AND CONSENT OF WINNER(S)
Any potential Grand Prize or Ancillary Promotion Winner (“Potential Winner”) will be required to execute an affidavit of eligibility, a liability/publicity release, Entrant release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected. If you are selected as a Grand Prize Winner, Alternate Winner, or Ancillary Promotion Winner, you consent to your information being included in a publicly available “Winner’s List”. Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Sponsor, its agents, successors, and assigns or other designee's use of the Winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Sponsor is not responsible for any failure to notify Sponsor of any change in address of Entrant(s) or Voter(s). By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time, if Sponsor determines that the Winner’s behavior at any point is disruptive or inappropriate or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of the prize providers.
WAIVER AND LIMITATIONS OF LIABILITY
PARTICIPANTS (TO INCLUDE ENTRANTS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL SPONSOR, PROMOTION ENTITIES, COMPETITION OPERATORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “COMPETITION ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, ATTORNEYS’ FEES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF SPONSOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT SPONSOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceed virtually (by videoconference). The arbitration shall be governed by the laws of the State of Arizona. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Maricopa County, Arizona, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. In addition, the prevailing Party will be entitled to recover its attorneys’ fees and arbitration costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.
If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.
If for any reason the Competition and/or any Round of the Competition cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition with or without prior notice, and Sponsor shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition. Further, if the Competition is terminated before the original end date, Sponsor reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).
COMPETITION WITHDRAWAL REQUEST
By participating in the Competition as an Entrant or Voter, you agree that a Competition withdraw request or request for removal from the Competition can take up to forty-eight (48) hours to be processed and that a profile may still remain active during this length of time. Voters and Entrants both acknowledge and agree that no refunds will be given upon an Entrant’s request for removal from the Competition. Sponsor does not encourage withdrawal or voluntary removal from the Competition, as this does a disservice to Voters. By voting, you understand and acknowledge that no refunds will be offered should an Entrant be eliminated, disqualified, or willingly withdraw from the Competition. Voters acknowledge that there are no exceptions to this policy.
BY PARTICIPATING IN THE COMPETITION AS AN ENTRANT OR A VOTER, YOU ARE NOT MAKING ANY DONATION TO CHARITY. PURCHASING VOTES DOES NOT QUALIFY AS A DONATION TO CHARITY. VOTE PURCHASES ARE NOT TAX DEDUCTIBLE. SPONSOR ALONE IS MAKING A DONATION OF COMPETITION NET PROCEEDS TO CHARITY.
At the end of the Competition, Sponsor will donate no less than seventy-five percent (75%) of its net proceeds earned from votes purchased to the American Lung Association, a non-profit 501(c)3 organization dedicated to researching treatments and cures for lung diseases, keeping kids off tobacco, and advocating for laws that protect the air we all breathe.
If you have any questions or comments about the Competition as outlined above, or would like to request the name of the Grand Prize Winner, please contact Sponsor here.
This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram.