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16 CURB APPEAL OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. PROMOTION CONDUCTED IN CONJUNCTION WITH LINTON’S ENCHANTED GARDENS.

1. PROMOTION DATES

a. 16 Curb Appeal (”Promotion”) will begin on Friday, June 15, 2012 at 5:00 AM ET and end on Sunday, July 15, 2012 at 11:59:59 PM ET.

2. ELIGIBILITY RESTRICTIONS

a. The Promotion is open to all legal residents of the United States 18 years of age or older at the time of entry and who live in the following counties in Indiana….St. Joseph, Elkhart, LaGrange, Kosciusko, Fulton, Marshall, Starke and Pulaski. In Michigan in the following counties; Berrien and Cass. You must also own the residence where the front yard makeover will be done and that property must be in one of the above counties.

b. Employees of WNDU (the “Station”), its parent, subsidiary, and affiliated entities, its advertising agencies, participating sponsors/promotional partners, other broadcasting stations in the South Bend/Elkhart metropolitan area, and the members of their immediate families (spouse, parents, siblings or children) or households (whether related or not) are ineligible to participate or win. This Promotion is subject to all applicable federal, state, and local laws and regulations.

c. Only one winner per household is permitted in any Station-conducted contest/sweepstakes.

d. Only a single family home will qualify. No apartment buildings, condos, clubs, churches or businesses will be considered.

e. Winners of prizes (and their family members) valued at $200 dollars or morein other WNDU contests between October 27, 2011 and May 26, 2012 are NOT eligible..

f. Entrants must agree to make himself/herself and his/her property available to WNDU-TV and Linton’s Enchanted Gardens for purposes of planning, producing and documenting the makeover.

g. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entry from individuals who do not meet the eligibility requirements, and will also delete any entry as required by law.

3. ENTRY

a. To participate in the Promotion, you may enter via the following method(s):

  1. Log on to wndu.com
  2. Click on 16 Curb Appeal
  3. Follow online entry instructions
  4. Must Provide Following on Entry:
  1. Your name and address
  2. The county in which you live
  3. Birth date
  4. A phone number or numbers where you can be reached
  5. A photograph or photographs of your home and front yard
  6. A description (100 words or less) of why you need the 16 Curb Appeal Makeover

  1. You may also enter through the mail by sending your entry to:

16 Curb Appeal c/o WNDU-TV

54516 State Road 933

South Bend, IN 46637

  1. Mail-in Entries must be postmarked by 12:00:00 AM (Midnight) ET Wednesday, June 27, 2012. Online entries must be submitted by 11:59:59 PM ET Wednesday June 27, 2012.
  2. Mail-in entries must include the same information listed above for online entries, are limited to 100 words or less, and must include a photograph.

b. For internet entry, only one entry per person and one entry per email address are permitted. For postal entry, only one entry may be submitted per outer mailing envelope. Submitting multiple entries will not increase your chances of qualifying in this contest.

4. PRIZES

a. The winner will receive a $5,000 dollar front yard makeover. The prize will include the design and consultation from a landscape architect, the cost of shrubbery removal and the cost of new shrubs and plants and the labor to install them.

b. There is no substitution, transfer, or cash equivalent for prizes. No warranty or guarantee on any of the plants, flowers or shrubs.

5. WINNER SELECTION AND NOTIFICATION

a. Contest judges from WNDU-TV and Linton’s Enchanted Gardens will pick three (3) semifinalists from among all eligible entries based upon the written description and the suitability of the proposed property for a curb appeal "makeover" valued up to five thousand ($5,000) dollars (retail).

b. Entries submitted without entrant’s name and address, the county in which contestant lives, birth date, phone number or numbers where contestant can be reached, a description of why the 16 Curb Appeal Makeover is needed, and photograph or photographs may be considered incomplete and be disqualified.

c. The entries will be judged on the following criteria:

  1. 40%--The “WOW” factor. Landscape architects will determine which properties show the most potential for improvement. Great before and after pictures.
  2. 40%--Your story describing your need for the makeover. This is the 100 word description you write as part of the entry.
  3. 20%--Ability to maintain the property once the makeover is complete.

d. Decisions of Station management with respect to the Promotion are final.

e. The makeover winner will be chosen by viewers through the following voting process:

  1. WNDU-TV will interview (3) semifinalists before or during the week of July 9, 2012.
  2. The week of July 9, 2012 WNDU-TV will display the three (3) semifinalists on television as well as on wndu.com.
  3. Once all finalists are online, WNDU-TV viewers will vote for the makeover winner between 7/12/2012 7:00:00 AM ET and 7/15/2012 11:59:59 PM ET.

f. Winner will be announced on Tuesday, July 17, 2012 on 16 Morning News. Winner will be notified in person by phone the day before.

g. Winners (or their parents or legal guardians if under the age of majority) must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of notification attempt or winner will be disqualified and the prize will be forfeited and an alternate winner may be chosen by the second choice of the viewers’ pick. If a potential winner cannot be contacted, fails to complete, sign and return the required affidavit of eligibility and liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner will be disqualified and will forfeit the prize.

6. CONDITIONS

a. Payments of all federal, state and local taxes are solely the responsibility of the winners. Winners will be required to complete and submit an IRS Form W-9 or the equivalent including the winner’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by the Station in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.

b. Winner agrees to display signs for Linton’s Enchanted Gardens in the front yard for the entire duration of the makeover and for two weeks after the makeover is officially designated completed by WNDU-TV.

c. By accepting the Grand Prize, Winner agrees that neither WNDU-TV nor Linton’s Enchanted Gardens, nor their contractors will be responsible for restoring the property to its prior condition, and that Grand Prize Winner is assuming the risk that he/she may dislike the resulting design or installation.

d. Participating in the Promotion and acceptance of prize constitutes winner’s and guest’s (where applicable) permission for the Station or its agents to photograph, film and record each winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.

e. Prior to awarding any prize or prize certificate, and depending on the nature of the prize and eligibility requirements of the Promotion, the Station in its sole discretion will require verification of Promotion winner’s identification by a showing of valid government-issued photo identification. By participating and/or accepting a prize, entrants, winners and guests (if applicable) agree to release and hold harmless the Station, its sponsor(s) and promotional partner(s), its advertising and promotion agencies, and each of their respective parent, subsidiary and affiliated entities, and the officers, shareholders, directors, employees, agents, representatives, successors, and assigns of each of them (collectively, the “Released Parties”) harmless against any and all claims or liability arising directly or indirectly from the prize or participation in the Promotion. The Station will also require eligible Promotion winners and their guests or travel companions, if any (as well as each of their parent(s) or legal guardian(s), if winners, guests or travel companions are under the age of majority in their state of residence), to sign a liability release confirming such consent.

f. The Station, in its sole discretion, reserves the right to disqualify any person (and all of their entries) from this Promotion if he or she tampers with the entry process, the operation of the Promotion, or the operation of the Station’s web channel or is otherwise in violation of the rules. The Station further reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Promotion, or any part of it, if it is not capable of completion as planned or if any fraud, technical failures or any factor beyond the Station’s control, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by the Station in is sole discretion. Any attempt by an entrant or any person to deliberately damage any station web channel or to undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Should such an attempt be made, the Station reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. The Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of the Station, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to modify, terminate, suspend or cancel the Promotion and shall not be required to award a substitute prize.

g. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion, or in the announcement of a prize; (ii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals, or any other difficulties that may prevent an individual from sending or receiving a text message; or (iii) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, incorrect, or late entries. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of god, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Station’s control.

h. To obtain a copy of the Official Rules or a list of winners following completion of the Promotion (please specify which), send a self-addressed, stamped envelope specifying “Official Rules” or “Winner List” to 16 Curb Appeal Winner List or Official Rules Request, WNDU, 54516 State Road 933, South Bend, Indiana 46637. A copy of the Official Rules and a list of winners (when complete) are also available during regular business hours at the main studio of WNDU at the above address. All such requests must be received within thirty (30) days following completion of the Promotion.

7. TERMS OF USE AGREEMENT & PRIVACY POLICY

a. By use of this web channel and by entering this Promotion, you agree to the Station’s Terms of Use Agreement and to the use of your personal information as described in the Privacy Policy located at: wndu.com.

Sponsor: Linton’s Enchanted Gardens

Elkhart, Indiana

#254559v10/LS

 
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Curb Appeal 2012

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