2016 Michaels Makers Summit Contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: The 2016 Michaels Makers Summit Contest (“Contest”) is open only to legal residents of the 49 continental United States (excluding Hawaii) and Washington, DC who are at least eighteen (18) years of age, and legal residents of Canada (excluding the Province of Quebec) who are over the age of majority in their respective province or territory of residence, as of February 15, 2016. Employees of Michaels Stores, Inc. (“Sponsor”) and each of their subsidiaries, affiliates, suppliers, advertising agencies, and persons living in the same household as such employees and the immediate family members of such employees are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, provincial, local laws and regulations and is void where prohibited by law or restricted in a manner inconsistent with these Official Rules. The Contest begins at 12:00:00 a.m. Central Standard Time (“CST”) on February 15, 2016 and ends at 11:59:59 p.m. Central Daylight Savings Time (“CDT”) on March 26, 2016 (“Contest Period”). All entries must be received by 11:59:59 p.m. CDT on March 26, 2016 to be eligible. Sponsor’s designated computer is the official time clock for the Contest.
HOW TO ENTER; ENTRY REQUIREMENTS: There is only one (1) method of entry. i. Visit michaels.com/madewithmichaels or canada.michaels.com/madewithmichaels (the “Website”) and complete the online entry form, which includes your name, email address, the title of your visual art project, and at least one sentence describing what inspired your personal touch on your product; and ii. upload a .jpg, .jpeg, or .png file of no more than 30MB depicting your craft project in the floral, baking, papercraft or visual art mediums reflecting the creative spirit of the Michaels Makers Summit.
Only one (1) entry per individual during the Contest Period is allowed; multiple entries using different email addresses for a single individual will be disqualified. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Contest is subject to applicable federal, state, provincial, territorial and local laws and regulations. Failure to provide true and accurate information will automatically disqualify you from participating in the Contest. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes.
Each Entry must be suitable for family audiences. Without limitation, this means that the Entry and anything accompanying the Entry (including, without limitation tags and captions) must not contain any material, words or images or other content that:
- is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contains profanity or sexual content;
- promotes alcohol, illegal drugs, tobacco, firearms or weapons;
- contains commercial messages or endorsements regarding third party products or services;
- is unlawful, in violation of or contrary to the laws or regulations of the United States or Canada;
- has been copied or plagiarized. All Entries must be the sole, original work of the designed entrant;
- violates or infringes (or may infringe) any copyright, trademark, logo, mark or other identifier of source, or other proprietary right of any entity or person (whether living or deceased) (including but not limited to, rights of privacy or publicity or portrayal in a false light);
- appears to result in any injury or bodily harm; and/or
- is lewd or inappropriate or offensive or not in keeping with Sponsor’s image, including nudity, acts of violence or acts that appear to cause harm or are otherwise objectionable to Sponsor.
Any Entry that, in Sponsor’s discretion, violates any of the above or other prohibitions and/or representations or warranties of entrant may be disqualified from the Contest and/or removed by Sponsor. In the event that an entrant or Entry is edited, removed and/or disqualified, entrant is not relieved from responsibility for compliance with these Official Rules. No entry may be submitted on behalf of another person.
Entrants acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use or not use (or remove) Entries in any way it sees fit without notification or further consent or payment of any kind.
RIGHTS IN ENTRIES: By entering the Contest, you agree that (a) you have read or had read to you these Official Rules and are in agreement with them, (b) you have received permission for the use of the likeness and image of all identifiable people appearing in your Entry and hereby grant to Sponsor the rights contemplated in the Official Rules. By submitting an Entry in connection with the Contest you represent and warrant to Sponsor that (i) your Entry is your own original work, that you are the photographer of any submitted photo and that you have the sole right to submit it to the Contest; (ii) your Entry does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; (iii) your Entry does not violate any applicable laws; (iv) you have obtained all necessary licenses or permissions from all applicable third parties required for the production and submission of the Entry in the Contest and use by Sponsor as contemplated in these Official Rules; (v) the posting and/or display of your Entry or other use by Sponsor and those deriving rights through Sponsor will not violate the rights of any parties or otherwise breach any provision of any applicable law or regulation; (vi) Sponsor has your irrevocable permission for the posting of any and all information included in your Entry in connection with any permitted use of your Entry; and (vii) use and posting of the Entry or any part of the Entry provided by you in any manner in connection with the Contest or as otherwise permitted by these Official Rules may be made without any notice, review, approval, consideration or compensation (except for any awarded prize as contemplated in these Official Rules), regardless of whether your Entry is a winning Entry. By submitting your Entry in the Contest you agree to and thereby waive any and all moral rights that exist in your Entry and any derivative works made therefrom. All entrants hereby grant to Sponsor an everlasting, royalty-free, assignable, irrevocable, unrestricted license to use, utilize, replicate, alter, adapt, modify, publish, perform, broadcast, translate, produce derivative works from, distribute, present, display, sublicense and exercise all copyright and other intellectual property and other rights with respect to each Entry worldwide and/or to include, in part or in whole, each Entry in other works in any media now known or later created, anywhere and forever, including in connection with promoting Sponsor, without further review, notice, approval, consideration or compensation. Except where legally prohibited, by submitting your Entry you irrevocably agree that your name and city and state or province of residence may be used in connection with the permitted use of the rights contemplated by this paragraph. In Sponsor’s sole discretion, anyone appearing in the Entry (or the parent/legal guardian of any minors) may be required to execute and return consent forms / releases confirming the representations, warranties and grants of rights contemplated in the Official Rules.
SELECTION OF THE PRIZE WINNERS. Grand Prizes: On or March 28, 2016, four hundred (400) semifinalists will be selected by a panel of judges designated by Sponsor. Entries will be judged on the following criteria (the “Criteria”): 50% embracing the creative spirit of the Michaels Makers Summit; 20% artistic technique and execution; 15% photographic aesthetic; 15% composition of materials and color. The four hundred Entries receiving the highest scores will be named Semifinalists. In the event of a tie, the Entry with the highest score in the “embracing the creative spirit of the Michaels Makers Summit” will be selected as a Semifinalist.
On or around April 8, 2016, the four hundred Semifinalists will be judged by each of the fifty Michaels Makers. For each Maker, the Semifinalist awarded the higest score according to the Criteria shall be named a Provisional Prize Winner. In the event that a single Semifinalist is selected by more than one Maker, the Maker who awarded the highest score to that Semifinalist shall be the one who nominates that Semifinalist as a Provisional Prize Winner, and the other Makers will designate their next highest scoring Semifinalist as a Provisional Prize Winner. This process will be repeated as necessary until all fifty Michaels Makers have designated a unique Provisional Prize Winner. In the event of a tie, the Entry with the highest score in the “embracing the creative spirit of the Michaels Makers Summit” will be selected as a Provisional Prize Winner.
On or around April 9, 2016, Sponsor will attempt to notify each Provisional Prize Winner by telephone or e-mail. Unless otherwise prohibited, the Provisional Prize Winner will be required to sign and return an Eligibility and Liability/Publicity Affidavit (“Affidavit”) within three (3) calendar days of notification attempt, or prize will be forfeited and the next highest scoring entry for the Michaels Maker who designated the Semifinalist as a Provisional Prize Winner shall be selected, per the procedure above. If a provisional Prize Winner is a Canadian resident, instead of the Affidavit, he or she may be required to sign and return a Declaration of Compliance with Contest Rules and Liability and Publicity Release (“Declaration”) within three (3) calendar days of notification attempt, or prize will be forfeited and an alternate potential winner will be selected. Sponsor’s decision is final in all matters relating to the Contest. Following timely receipt of the Affidavit and/or Declaration as required by Sponsor and confirmation by Sponsor of compliance with the Official Rules, a Provisional Prize Winner will be confirmed a Winner and will receive the applicable prize for his or her Entry.
Weekly Prizes: On February 21, February 28, March 1, March 8, March 15 and March 22 at 11:59 CDT, all entries will be pooled and two winners (each a potential “Weekly Prize Winner”) will be selected at random from the pool of entries. Sponsor will attempt to notify potential Weekly Prize Winners on the subsequent Tuesday via electronic mail. Unless otherwise prohibited, provisional Prize Winners will be required to sign and return an Eligibility and Liability/Publicity Affidavit (“Affidavit”) within three (3) calendar days of notification attempt, or prize will be forfeited and an alternate potential winner will be selected at random from the remaining entries. If required under applicable law, Canadian residents must correctly answer an arithmetic skill test question, without assistance of any kind, whether mechanical, electronic, or otherwise, to claim a prize.
PRIZES. Grand Prizes: The Grand Prize Winner will receive a Grand Prize consisting of round trip airfare (economy class) for the winner from a commercial airport near the winner’s principal US or Canadian residence to a commercial airport in or near the location of the 2016 Michaels Makers Summit (“Destination Airport”), two nights’ accommodations, and participation in the 2016 Michaels Makers Summit, including curated crafting experiences, mix and mingle opportunities, and the opportunity to share crafting ideas and tips with the Michaels Makers team (each a “Grand Prize”). The approximate retail value (“ARV”) of each Grand Prize is Two Thousand US Dollars (US$2,000.00). ARV will vary depending upon departure airport and Destination Airport and seasonal fluctuation of airfare and hotel rates, and the exchange rate of the Euro. If the actual value of the Grand Prize is less than the stated ARV, the difference will not be awarded. All travel is subject to advance booking requirements (minimum 60 days prior to departure), availability, blackout periods, government restrictions and regulations, hotel, airline, airport restrictions and regulations. Sponsor reserves right to determine accommodations, routing and itinerary. Other restrictions may apply. All incidental costs and expenses not expressly referred to herein as part of the Grand Prize description are the sole responsibility of the Grand Prize winner, including, without limitation, ground transportation, gratuities, insurance and meals. The Grand Prize Winner is responsible to ensure that they have any and all required travel documentation. The Grand Prize must be accepted as awarded with no substitutions, except as may be decided by Sponsor.
Weekly Prizes: Each Weekly Prize Winner will receive a Michaels gift card in the amount of One Hundred US Dollars (US$100.00). Terms and conditions may apply. The prizes are non-transferable and may not be redeemed for cash value or exchanged for any other prize. If a prize becomes unavailable, Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. Approximate Retail Value (“ARV”) of the each Grand Prize is Two Thousand Dollars ($2,000.00), and the ARV of all Grand Prizes is One Hundred Thousand Dollars ($100,000.00). The ARV of each Weekly Prize is One Hundred Dollars ($100.00) and the ARV of all Weekly Prizes is One Thousand Two Hundred Dollars ($1,200.00). The ARV of all prizes awarded in this Contest is One Hundred One Thousand and Two Hundred Dollars ($101,200.00). Winners are solely responsible for all taxes associated with the awarded prize. U.S. law requires a 1099 be given to contest winners indicating the value of the Grand Prize or Weekly Prize.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. Sponsor shall not be liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Transportation carrier and hotel regulations and conditions apply. If the Grand Prize Winner becomes disabled or cannot otherwise fully enjoy the Grand Prize travel package due to illness or other circumstance, Sponsor shall be relieved of liability for fulfillment of the Grand Prize award.
The Prize Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring the prizes unless Sponsor consents in writing. ALL PRIZES AWARDED IN THIS CONTEST ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
TAMPERING WITH CONTEST: Entrants found tampering with or abusing any aspect of this Contest, as solely determined by Sponsor, will be disqualified. Any attempt by any person to deliberately undermine the legitimate operation of the Website or undermine the legitimate operation of the Contest may be in violation of criminal and/or civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
PUBLICITY/PERSONAL INFORMATION: By entering the Contest, entrants consent to the collection, use and disclosure of their personal information for the purposes of administering the Contest and prize fulfillment. Your personal information will be stored on servers in the United States, and therefor subject to the laws of the Untied States. For information about how Sponsor manages your personal information, see http://www.michaels.com/your-privacy-rights/ca-your-privacy-rights.html or http://canada.michaels.com/on/demandware.store/Sites-MichaelsCanada-Site/default/Page-Show?cid=privacyPolicy. Except where prohibited by law, acceptance of any Prize constitutes permission to use the name and likeness of the Prize Winner (and with respect to the Grand Prize, such Prize Winner’s guest) for advertising and publicity purposes in perpetuity without further compensation, review, notice, or approval, throughout the world, in all media and means whether now known or later discovered
LIABILITY & RELEASE: By participating in the Contest, each entrant agrees to release and hold harmless Sponsor, and each of its parents, affiliates, subsidiaries, directors, officers, employees and advertising, promotional and judging agencies (the “Contest Entities”) from and against any and all liability, injuries, loss, claim, damages, or cause of action arising out of participation in the Contest or receipt or use, misuse or possession of any prize, including, but not limited to: (a) human error or unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, illegible entries; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons, including death, or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Contest, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. The laws of some jurisdictions may not permit certain limitations on rights or types of damages, in which case these limitations may not apply to you. Entrants hereby acknowledge that Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize.
CONTENT. You are solely responsible for the content, text, information, photos, video, images, graphics, or other information that you enter in the Contest. You understand and agree that Sponsor may, but is not obligated to, review and delete or remove any Entry that in the sole judgment of Sponsor violates these rules or for any other reason. By entering the Contest, you hereby grant, and you represent and warrant that you have the right to grant, to Sponsor an irrevocable, perpetual, non-exclusive, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such entry, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses to do the foregoing. In addition, you represent and warrant that you are the parent or guardian of any minors identifiable in your Entry and/or artwork, or that you have secured a Waiver and Release from the parent or guardian of any minors identifiable in your photograph or artwork. Winning entries will be required to provide such a Waiver and Release, if applicable. Sponsor reserves the right to remove any entry from the Contest and/or Website and/or any platform or site at which it is posted at their discretion. If Sponsor removes an entry from the Website and/or any platform or site, Sponsor will not be required to provide the reason for such removal.
COPYRIGHT POLICY. We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any entry in the Contest infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail): A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works; Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the entry; Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address; A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of infringement claims is: Legal Dept./Copyright Claims, Michaels Stores, Inc., 8000 Bent Branch Drive, Irving, Texas 75063, Telephone: (972) 409-1300.
GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Contest Entities in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any conflict of law rules or provisions that would cause the application of any other state’s laws.
DISPUTE RESOLUTION. The exclusive forum and venue for any dispute regarding the Contest shall be in the state and federal courts located in Dallas County, Texas.
WINNERS LIST: For the name of the Contest winners, send a self-addressed, stamped envelope to: “2016 Michaels Makers Summit Contest” Winners List, Attn.: Marketing Program Specialist, 8000 Bent Branch Drive, Irving, TX 75063. Residents of Vermont are not required to provide a self-addressed stamped envelope. Requests must be received no later than July 31, 2016. Residents of Canada may exclude return postage.
Sponsor: Michaels Stores, Inc., 8000 Bent Branch Drive, Irving, TX 75063