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Official Rules
 

ReThink Your Sink

Minnetonka Green Bay

Official Contest Rules

 

 

Who Can Enter

 

  1. No purchase or payment of any kind is necessary to enter or win.

     

  2. Entrants must be legal U.S. residents of Wisconsin and reside within 10 miles of Minnetonka, Wisconsin.

     

  3. Entrants must be 21 years of age or older.

     

  4. Employees (including, without limitation, part-time or temporary employees) of Contest Administrator (defined below), Sponsor (defined below) and their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies at any time during the applicable contesting period and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, siblings (half and full) and the steps of each of the foregoing) of each of the above are NOT eligible to enter and/or to win the Contest.

     

    How to Enter & Win

     

     

  5. The contest entry period will begin at 12:00am (CST) May 12, 2014 and end at 5:00pm (CST) on May 27, 2014.

     

  6. Entrants must go to www.rethinkyoursink.com and click on the graphical “CONTEST” entry link.

     

  7. The entry/registration process will require you to either log into an existing account, or create a free account with the game administrator, UPICKEM. You may either elect the option to have your Facebook profile pre-load applicable portions of the entry form (Facebook account is not required to enter this contest), or complete the online entry/registration form by submitting the Entrant’s name, address, phone number and e-mail address. Limit one registration per e-mail address and limit one qualified entry per registration. Multiple entries from the same entrant will be discarded. Only the first chronologically qualified entry will be considered. All subsequent entries will be discarded.

     

  8. Entrants will also be provided with an opportunity to opt-in for membership / participation in GERHARDS email club as part of the entry process but accepting such membership, however, agreeing to receive emails or text messages from us is not a condition of entry into this contest.

     

  9. Click on the “Upload Photo” tab and:
    1. Submit only one (1) photograph of your ugly sink in either the “.jpeg” or “.jpg” file format (no other formats will be accepted) (PHOTO MUST NOT CONTAIN ANY PEOPLE),
    2. Affirmatively check the box or “I agree” button, expressly confirming the following:
      • Entrant represents and warrants that he/she is both twenty one (21) years of age or older and a Wisconsin resident within 10 miles of Minnetonka, Wisconsin
      • Entrant represents and warrants that he/she own the rights to, or has obtained permission to use, the photo submitted with the entry. 
      • Entrant represents and warrants that he/she authorizes Contest Administrator to post the photo on Contest Administrator’s website or social network sites or use the photo in any other way Contest Administrator sees fit.
      • Entrant agrees and acknowledges that Contest Administrator, all contest sponsors, and their respective affiliates, parents, employees, agents and all other related sponsors: may use the Entrant’s name, image, photo submission, other entry materials and/or biographical information for advertising and/or promotional purposes on radio, TV broadcasts, in the newspaper, on websites and/or any other medium in connection with participation in this contest or otherwise without the payment of any additional compensation.
      • Entrant understands and agrees that Contest Administrator and/or Sponsor shall be the sole and exclusive owner of the photo submitted, whether or not the photo is selected as a winner, and entrant agrees to sign any documents requested by Contest Administrator or Sponsor to evidence such transfer of ownership.
      • By submitting a photo in a Contest Administrator contest, entrant agrees to indemnify Contest Administrator should any representations and warranties made by entrant herein or in the applicable contest rules prove to be false or inaccurate.
      • Entrant acknowledges and agrees that the contest rules are available to him/her at www.rethinkmysink.com, that he/she has had an opportunity to review them before entering this contest, and agrees to be legally bound by the contest rules.

         

  10. Photo requirements:
    • For purposes of this contest, the terms "photo" or "photograph" may be used interchangeably to include, but not be limited to the inclusion of, any image that may be produced by an analog or digital camera, by an optical image scanner (or simply, "scanner"), by means of a "screen dump," "screen capture," "screenshot," or "screengrab," and/or by the digital manipulation of one or multiple photographs such as may be achieved using image editing software.
    • The photo must be uploaded in either the ".jpeg" or ".jpg" file format (no other formats will be accepted), using the method described in Section 9 above.
    • Photo entries must not contain or depict any person, registered trade/servicemark or other copyrighted material other than those owned or licensed by the Entrant, or the Contest Administrator, or a Contest Sponsor.Further, Contest Administrator may, but is not obligated to pixilate/cover any trademarks/servicemarks/copyrighted materials in Contest Administrator's sole discretion.
    • Only one (1) photo may be submitted for entry in this contest 1) by any one (1) Entrant who must be both twenty one (21) years of age or older as of the date of entry may be submitted for entry in this contest.

       

  11. By entering this Contest, the Entrant consents to use of the photograph by Contest Administrator in any manner it sees fit with no compensation to the Entrant.Any photograph with any people depicted in it, no matter how far away or obscure, will be deemed ineligible and thereafter disqualified.

     

  12. Each Entrant may submit only one (1) entry in this contest.Contest Administrator will discard multiple entries from the same Entrant (whether containing photos of the same or of different sink) and only the first qualifying entry received will be eligible to participate.

     

  13. By submitting a photo to the Contest Administrator for this contest, each Entrant authorizes the Contest Administrator to post such photo to the Contest Administrator’s website at www.rethinkmysink.com.Contest Administrator may choose to not post all entry photos received on the Contest Administrator’s website.

     

  14. Photograph entries must not contain any indecency, profanity or obscenity as determined by Contest Administrator in its sole discretion. Photograph entries must not contain or depict any registered trade/servicemark or other copyrighted material other than those owned or licensed by the entrant, the Contest Administrator, or a Contest Sponsor.BY ENTERING THIS CONTEST AND SUBMITTING PHOTOGRAPH, THE ENTRANT IS REPRESENTING TO CONTEST ADMINISTRATOR THAT THE USE AND DISTRIBUTION OF SUCH PHOTOGRAPH WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS OF OTHERS.By submitting a photo, Entrants agree to indemnify Contest Administrator should any representations and warranties in these contest rules prove to be false or inaccurate.

     

  15. Contest Administrator will not verify if the sink submitted in the photo is actually owned by the entrant.

     

    HOW TO WIN

     

     

  16. The Grand Prize Winner will be determined in the following manner:
    1. At approximately 9am (CST) on May 28, 2014, Contest Administrator will post photos online at the Contest Administrator’s website, www.rethinkyoursink.com. Listeners will then be able to vote for their favorite sink from the photos posted online as many times as they wish(subject to Contest Administrator’s right to implement limits as set forth in the general contest rules) until 12pm (CST) on June 14, 2014.LISTENER VOTES WILL NOT BE A DETERMINING FACTOR IN THE SELECTION OF QUALIFIERS BUT MAY BE, IN CONTEST ADMINISTRATOR’S SOLE DISCRETION, ONE OF MANY FACTORS TAKEN INTO CONSIDERATION IN SELECTING QUALIFIERS.

       

  17. After 12:00PM (CT) on June 15, 2014, Contest Administrator staff and/or management will select the potential grand prize winner from among all posted entries, based on evaluation of the submitted photo (in their subjective opinion) and/or any other any lawful criteria Contest Administrator judges deem desirable, subject to verification of eligibility and compliance with these contest rules. Contest Administrator judges may take the number of votes received into consideration (but is not obligated to) but voting will not be a determining factor in the selection of the winner.

     

  18. Contest Administrator will contact the potential grand prize winner via telephone or email.Should the potential grand prize winner not meet the eligibility requirements or is disqualified for any other reason, an alternate grand prize winner may be selected by Contest Administrator, but in the event such alternate grand prize winner does not meet eligibility requirements or is disqualified, no grand prize will be awarded in this Contest.

     Prize(s

     

     

  19. There will be one (1) Grand Prize Winner in this contest.The verified grand prize winner will receive:

     

    • A choice of sink from the Elkay “Gourmet”, “Explore”, “Harmony”, “The Mystic”, “Avado”, “Crosstown: and the revolutionary “Perfect Drain Sink,” valued at $300.00-$3,500.00.
      • Actual value will depend on model of sink chosen.
      • Prize limited to Residential kitchen sink products only and winner must choose sink material: Stainless Steel, Fine Fireclay, Granite or Copper
      • Prize must be ordered by July 31, 2014
      • Prize must be picked up at GERHARDS, 13540 Wayzata Blvd., Minnetonka, MN 55305
      • No substitutions. No Cash Value. No Special Orders
      • Installation NOT included
      • Parts and Accessories not included

         

        Prize must be claimed within 120 days of winning.

         

  20. In the event that any of the above items is reasonably expected to exceed the cap above, winner will be required to pay the excess in cash to the applicable sponsor, which may request such cash in advance.In the alternative (except in the event of unforeseen complications), the winner may instead elect (when possible) to reduce elements or requests to keep the total value within the above cap.Any upgrades, alterations or specific requests made by the winner that would result in a total value that would exceed the cap will result in winner being responsible for paying the excess above the cap in cash to the applicable sponsor which may request such cash in advance.

     

  21. The estimated actual total prize value will be based on a good faith estimate of sponsors and the specific sink choice of the winner (and this will be the amount for which the winner will receive a 1099 for).In no event will the prize provided exceed a value of $3,500.

     

    Sponsor(s)

     

     

  22. The sponsors of this contest is:GERHARDS, 6800 Gisholt Drive, Madison, WI 53713

     

    Contest Administrator

     

     

  23. Entercom Communications Corp., 401 E. City Ave, Suite 809, Bala Cynwyd, PA 19004

     

    Other Rules Specific to this Contest

     

     

  24. In the event that a winner is disqualified or the prize is forfeited at any time, Contest Administrator reserves the right (but not the obligation) to select another winner in this contest (in Contest Administrator sole discretion).

     

  25. Notwithstanding anything to the contrary in these rules or otherwise by Contest Administrator or Sponsors, in no event is Contest Administrator required to confirm eligibility or eliminate ineligible entrants prior to selecting winner.In the event that any selected winner is determined to be ineligible at any time, he/she will be disqualified and not entitled to any prize in this Contest.In such event, Contest Administrator may select an alternative winner from among all other entries received, time permitting.

     

  26. Notwithstanding anything to the contrary in these rules or otherwise by Contest Administrator or Sponsors, in no event is Contest Administrator required to confirm eligibility or eliminate ineligible entrants prior to selecting winner.In the event that any selected winner is determined to be ineligible at any time, he/she will be disqualified and not entitled to any prize in this Contest.In such event, Contest Administrator may select an alternative winner from among all other entries received, time permitting.

     

  27. All entries become the property of Contest Administrator and will not be acknowledged or returned. Entries received that are mutilated, tampered with, illegible, or from ineligible entrants will be void.Entries that are determined to be fraudulent will be void, and the person making such an entry barred from further participation in that contest and, in Contest Administrator’s sole discretion on a case by case basis, banned from any future participation in any Contest Administrator contest (which Contest Administrator decision may not be disputed or appealed). Incomplete or illegible entries may be disqualified in Contest Administrator’s sole discretion.

     

  28. Inquiries by contestants or potential contestants to the Contest Administrator (whether in person, by email, or by telephone) regarding the status of their entry or questions about this contest may or may not be responded to and Contest Administrator is not obligated to respond or treat to all inquiries identically (even if the question is identical). Time considerations and/or volume, among other things, may impact a Contest Administrator’s desire or ability to respond to such inquiries from time to time.Notwithstanding anything communicated by any Contest Administrator employee in connection with any such inquiry, such information shall not be binding on Contest Administrator (the sole determining information related to this Contest is as set forth in the applicable contest rules) and shall not be deemed to be providing any type of improper assistance or advantage to any particular contestant over another.Any attempt by Contest Administrator to respond to an inquiry will be in the context of providing good customer service only and, in some instances, to address technical issues/problems.

     

  29. With respect to Contest Administrator’s obligation to notify winner or where there is a deadline for prize claims (72 hours from first notification via telephone or email), Contest Administrator will only be required to leave one message at the telephone number provided in the entry form.If no answer or answering machine is reached, Contest Administrator will not be obligated to attempt any further contact. However, Contest Administrator reserves the right, in its sole discretion, to attempt to contact Winner more than once.If no telephone number was provided and Contest Administrator has an address, Contest Administrator may elect to send one written notification letter by first class mail or email, time permitting.

     

  30. Prize will be released to winner only.Winner is required to present a valid United States state or federal photo ID and valid social security number in order to receive a prize.Winner may be required, in Contest Administrator’s sole discretion, to sign one or more liability release agreements relieving the Contest Administrator, its parents, subsidiaries, officers, directors, members, managers, employees, agents and contest Sponsors from any and all liability with respect to the contestant’s participation in the contest and the receipt and/or use of the prize.Any person who refuses to sign the Release and/or provide a social security number or complete or provide any other documents required by the Contest Administrator by the deadline required by Contest Administrator will forfeit any and all prize.

     

  31. Contest Administrator reserves the right to substitute a prize of equal or greater value.No transfer or assignment of prize is allowed, except as may be determined by Contest Administrator in its sole and absolute discretion on a case by case basis.

     

  32. Winner is prohibited from selling prize awarded or any transferring prize without the Contest Administrator’s authorization (which authorization must be in writing by a Contest Administrator representative and shall be granted or withheld in Contest Administrator’s sole discretion on a case by case basis).In the event that Contest Administrator discovers or suspects (correctly or incorrectly) that a winner is attempting to sell his/her prize from Contest Administrator (i.e., ebay, craigslist or otherwise), Contest Administrator reserves the right, in its sole discretion, on a case by case basis to take any one or more of the following actions:(a) immediately disqualify the winner and deem any prize they were otherwise entitled to as forfeited, (b) refuse to award the prize to such winner, even if he/she represents that they will not resell or transfer the prize, and/or (c) prohibit the violating winner from participating and/or winning any future Contest Administrator contests (whether for a fixed period of time or in perpetuity, in Contest Administrator’s sole discretion) and if such winner ever wins a future Contest Administrator contest during the period that he/she is banned, he/she shall be disqualified from the contest and forfeit any prize once it has come to Contest Administrator’s attention.Further, Contest Administrator reserves the right to track and/or cancel and invalidate any prize awarded that Contest Administrator suspects was sold or transferred without authorization.

     

  33. Winner is responsible for paying all applicable local, county, state and federal taxes on prize based on the estimated retail value of the prize, as set forth in the contest rules, and will be issued an IRS 1099 form for all prizes won from Contest Administrator where the aggregate value of all prizes is $600 or more in any calendar year. In the event that a winner in this contest is under 18 years of age, the parent or legal guardian will be deemed the actual winner of any prize and will be required to provide their social security number and will be subject to the provisions of this Section, not the child.

     

  34. Use of robotic, mechanical or other forms of pre-programmed entry methods is NOT prohibited.Contest Administrator does not intend to monitor or disqualify any contest entry or web hits in a contest on the basis of the use of such manipulation tools.Notwithstanding the foregoing, entrants are not entitled to use such manipulation tools and Contest Administrator reserves the right (in its sole discretion), from time to time, to implement entry/voting processes that may frustrate or prohibit such automated entry (including, without limitation, CATSUP or requiring Club membership log ins); provided, however, that no contestant in any contest may rely upon or insist upon Contest Administrator’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was or vice versa.

     

  35. Contest Administrator shall be the sole arbiter in all matters relating to the contest and in the interpretation of contest rules. Contest Administrator’s decisions shall be final.Entry into the contest constitutes agreement by contestants to abide by these rules, as well as any other rules established by Contest Administrator

     

  36. By participating in an Contest Administrator contest, entrants/winners hereby agree and each entrant hereby remises, releases and forever discharges and agrees to indemnify and hold harmless Contest Administrator, its affiliates, parents, assigns, successors, employees, Sponsors, agents and all others connected with them and the promotion, contest, and/or event from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, contest, and/or event and the receipt and use of any prize(s) awarded (if any) through such promotion, contest, and/or event arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise caused by Contest Administrator, its affiliates, parents, assigns, successors, employees, Sponsors, agents and all others connected with them and the promotion, contest, and/or event.

     

  37. By participating in a Contest Administrator contest, entrants/winners hereby consent to Contest Administrator and Sponsors, usage of any one or more of the following for on-air broadcast and for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: entrant’s/winner’s name (or his or her child’s); voice; likeness; biographical information; his/her participation in the contest; and the substance of the contestant’s telephone call, entry form, videos, photos or any other contest submissions.By entering or participating in any Contest Administrator contest, entrants understand and agree that Contest Administrator may take photographs and/or videotape and/or audiotape any contestants participation, appearance and/or performance in connection with any Contest Administrator contest (before, during or after the contest) and that Contest Administrator will own any such photos, audio and/or video and shall be free to utilize such materials in any way it sees fit during or after the contest with no compensation to the entrants, including without limitation posting any such photographs, audio and/or videos on its website.

     

  38. Contest Administrator is conducting this contest using proprietary software owned by a third party known as Second Street Media Inc. (“UPICKEM”).  UPICKEM is not a sponsor of this contest but entrants may be required, as part of the entry process, to agree and consent to UPICKEM’s Terms of Service and Privacy Policy (both of which are available via a link during the contest entry process) (collectively, the “UPICKEM Policies”) and may be required to register with UPICKEM.  While agreement to the UPICKEM Policies is required in order to enter this contest, the UPICKEM Policies are not a part of these contest rules but are a separate agreement between the entrant and UPICKEM.  With respect to the conduct of this contest by Contest Administrator, in the event of any conflict between the UPICKEM Policies and the Contest Administrator contest rules, the Contest Administrator’s contest rules govern.

     

  39. Contest Administrator and its Sponsors are not responsible for any technical difficulties, technical malfunctions or errors (whether technical or typographical) experienced due to overload, busy signals, loss of phone service, internet availability, electronic problems, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of any of the websites,computer virus, bug, or other errors or corruptions of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of information or the failure to capture, or loss of, any such information or any other factor that may prevent an individual from completing or Contest Administrator from receiving (accurately or otherwise) a phone call, an email, accessing any website (including the Contest Administrators or any third party website), or for any problem associated with the Contest Administrator website or voting website or software, internet, telephone connections, servers, routers, or any other technical problem that may impact entry, participation, voting or prize claim in any way, regardless of the cause, including, without limitation,any injury or damage to any person’s computer, equipment, property, software or network related to or resulting from participating in an Contest Administrator contest or visiting its websites (whether as an entrant, visitor or voter).Contest Administrator and its Sponsors assume no responsibility for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in a Contest Administrator Contest. Contest Administrator is not responsible for any printing errors or typographical errors.If, for any reason, in the sole opinion of Contest Administrator, any contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes, whether discovered or suspected by Contest Administrator, which, in sole opinion of Contest Administrator does or could corrupt or affect the administration, security, fairness, integrity or proper conduct of a Contest, Contest Administrator reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the affected contests with or without selecting winner, and/or provide alternative means of entry or any other changes to these contest rules that Contest Administrator deems appropriate under the circumstances. In the event of termination, suspension or modification of a contest, a notice will be posted online.

     

  40. Contest Administrator and Sponsors reserve the right to prohibit the participation of an individual from any or all Contest Administrator contests if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in the applicable Contest rules.INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS AND CONTEST ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.

     

  41. This contest is subject to all applicable laws and regulations and is void where prohibited.

     

  42. Contest Administrator reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) alter or amend these Contest rules at any time; and (iii) stop or conclude the Contest at any time without prior notice.Material changes to the contest rules will be broadcast on-air, when practical.

     

  43. For entries submitted via online:In the event an identity dispute arises the entrant will be declared as the “authorized e-mail account holder” and any damage made to the website will also be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry.“Authorized e-mail account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.Participants may be requested to provide Contest Administrator or Sponsor with proof that the participant is the authorized e-mail account holder of the e-mail address associated with the account/submission.Proof of submitting entries will not be deemed to be proof of receipt by Sponsor.

     

  44. Winner List: For the name of the winner, mail a self-addressed stamped envelope to “ReThink Your Sink” c/o Entercom Communications Corp., 401 City Avenue, Suite 809, Bala Cynwyd, PA 19004.All requests for winner lists must be mailed and received by Contest Administrator after June 16, 2014 but prior to December 16, 2014.

 

 

 
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