THIS PROMOTION IS INTENDED FOR PLAY IN THE 48 CONTINENTAL UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE, LIVE IN HAWAII OR ALASKA OR ARE NOT LOCATED IN ONE OF THE 48 CONTINENTAL UNITED STATES OR D.C. AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Yard Smarts Intervention Contest ("Contest") is only open to persons who are legal residents of the continental forty-eight (48) United States and District of Columbia who are at least 18 years of age or older at the time of entry. Void where prohibited. Employees, officers and directors of Briggs & Stratton Corporation ("Sponsor") and the Sponsor’s Affiliates (and their immediate families—children, spouse, parents, siblings—and those living in their same households whether or not related) are not eligible; "Sponsor’s Affiliates" includes all entities associated with Sponsor for purposes of this Contest, such as subsidiaries, affiliated companies, retailers, distributors, advertising agencies, promotional agencies, and judges. By participating, each entrant ("Entrant") agrees to be bound by these Official Rules (the "Rules") and the decisions of the judges, which are final and binding in all respects. Contest is subject to applicable federal, state and local laws and regulations.
CONTEST ENTRY PERIOD: The Contest Entry Period begins at 12:00:01 a.m. Pacific Time (PT) March 15, 2011 and ends at 11:59:59 p.m. PT June 15, 2011. Entries must be received by June 15, 2011 (the "Contest Entry Period"). Entries must be received during the Contest Entry Period. Sponsor’s computer is the official time keeping device for the Contest. No mail-in entries are allowed. Entries will only be accepted via the web through the official entry form posted at www.yardsmartsintervention.com.
TO ENTER THE CONTEST: To participate in the Contest, complete the entry form on the Sponsor's web site at yardsmartsintervention.com during the Contest Period and submit either a short video or photos showing why the yard you chose needs an intervention (see details below). The three entry periods are: March 15 – April 15; April 16 – May 15; and May 16 – June 15.
- Submit a video "tour" of your lawn and yard, up to 3 minutes in length, along with commentary (on the video) describing your yard care issues and problems that make you think your yard needs an intervention. You may also submit a family member’s, neighbor’s or friend’s lawn and yard, as long as you first secure their permission. The video should be no longer than 3 minutes. Title the video entry Yard Smarts Intervention and submit it via YouTube following these directions:
Or, submit up to four photos of your lawn and yard along with a written description explaining your yard care issues and problems that make you think your yard needs an intervention. You may also submit a family member’s, neighbor’s or friend’s lawn and yard, as long as you first secure their permission. The written description may not exceed 300 words. The photos should be no larger than 2MB each and must be submitted as a JPG, GIF or PNG file. Complete the entry form and upload your photo entry with your written description on the contest entry form found on the yardsmartsintervention.com web site.
- Create your video and include a brief audio message at the beginning stating ‘I need a yard care intervention!’
- Post your video to your personal YouTube account, following the instructions provided on YouTube (create an account if you have not already done so). Learn more about getting started with YouTube here: http://youtube.com/signup?next=/my_account.
- While logged into your YouTube account, copy the URL link for your video provided by YouTube and paste that link into your Intervention entry form found on the yardsmartsintervention.com web site. Complete the entry form and then submit.
All entries must include your first and last name, address, age range, phone number, years in the home and e-mail address (see entry form at yardsmartsintervention.com). Entries received without all required information will not be accepted.
Limit one entry per person, per valid e-mail address and per household. Additional entries received from any person, e-mail address or household thereafter will be void. If you submit someone else’s yard other than your own, you must have the individual’s permission to enter his/her lawn and yard. All entries become the property of Briggs & Stratton Corporation.
All Entries submitted become the property of the Sponsor and will not be acknowledged or returned. All Entrants must have a valid email address. In the event of a dispute regarding Entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of the Entry used to enter will be deemed to be the Entrant and must comply with these Rules. The authorized account subscriber is the natural person who is assigned to the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
Any other form of Entry is void. Any Entry that, in the sole opinion of Sponsor, is considered obscene, indecent, objectionable, or otherwise not suitable for publication will be deemed ineligible. Limit one (1) Entry per person/family/household. The Entry must meet the following guidelines:
- Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry cannot be obscene or offensive, endorse any form of hate or hate group;
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- Entry cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Websites, television, movies or other media) without permission;
- Entry may not include images of corporate logos, trademarks, identities, or other proprietary materials owned by others such as television shows, magazines, or Web pages, without permission.
- Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Entry cannot depict, and cannot itself, be in violation of any law.
Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging or voting period.
Five finalists will be selected by the Sponsor each month from all qualified entries. Entries will be judged on how creatively entrants describe their yard care issues and why their lawn or the lawn of their family member, neighbor or friend needs an intervention. All judging decisions made by Briggs & Stratton representatives are final.
The five finalists selected each month March 15 – June 15, 2011 will be posted to yardsmartsintervention.com on the following schedule:
- Finalists posted April 16 (entries received March 15 – April 15)
- Finalists posted May 16 (entries received April 16 – May 15)
- Finalists posted June 16 (entries received May 16 – June 15)
Public voting on the web site will determine the yard in most in need of an intervention from the five finalists each month. Voting will commence for two weeks (14 days) from the day each month’s finalists are posted, on or about April 16 – 29; May 16 – 29; and June 16 – 29. The yard receiving the most votes during each voting period will be declared the Grand Prize Winner. The monthly Grand Prize Winner will be announced on or about May 1; June 1; and July 1. Winning entries will be posted on www.yardsmartsintervention.com. Entries that do not win in any given month are automatically included in the next month’s Contest. A complete list of all Yard Smarts Intervention winners will be posted on http://yardsmartsintervention.com/ on or about July 1, 2011.
Voting for Finalists: A maximum of ten (10) votes per day per valid, unique e-mail address and a maximum of 20 votes per day per IP address are allowed. Any attempt by Entrant and/or his/her family/friends to vote more than the number of times authorized herein using multiple names or email address and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify Entrant in its reasonable discretion. The one semi-finalist whose entry receives the most votes during each Voting Period will be deemed a Contest Winner, subject to verification. In the event of a tie, the tied Entries will be judged by an independent judging panel and a selection made.
Three (3) Grand Prize winners: A total of 3 Grand Prize winners will be chosen – one winner from each of the 3 entry periods. The three entry periods are: March 15 – April 15; April 16 – May 15; and May 16 – June 15.
Grand prize winners will receive a $1,500 check, a Snapper walk-behind lawn mower, Model SPV22675HW/7800190 with a MSRP of $369.98 (or equivalent model of equal or greater value), a Briggs & Stratton 2500 PSI pressure washer, Model 020420/020419 CA, 2500 MAX PSI / 2.3 MAX GPM with a MSRP of $299.98 (or equivalent model of equal or greater value), and a six-hour visit from Trey Rogers, the Briggs & Stratton Yard Doctor (valued at $1,200), and a Yard Smarts team. Visit must be conducted within 30 days of prize notification.
Fifteen (15) Semi-finalists: A total of 15 semi-finalists will be chosen – five for each of the 3 entry periods. The three entry periods are: March 15 – April 15; April 16 – May 15; and May 16 – June 15.
The semi-finalists will receive a copy of Lawn Geek by Trey Rogers, Ph.D. (a retail value of $12.99) and a Yard Smarts water bottle (retail value of $15).
Prizes are non-transferable and no cash equivalent or substitution is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. All applicable taxes, whether federal, state, local, or otherwise, are solely each winner’s responsibility.
WINNER NOTIFICATION: Semi-finalists will be notified by email and phone on or about the 16th of the month following judging of entries for the contest period (April 16, May 16 and June 16). Grand prize winners will be notified by email and phone on or about the 1st of the month (May 1, June 1 and July 1). If a Potential Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Winner will be disqualified and prize will be forfeited. Sponsor is not responsible for any change of email, mailing address and/or telephone number of Entrants. Winners may be required to complete, execute, and return an Affidavit of Eligibility and, where lawful, Publicity Release upon request as well as a W-9 tax form. If Affidavit/Release is not returned within five (5) business days of notification, prize will be forfeited.
GENERAL CONDITIONS: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. By entering, each Entrant agrees to release and hold Sponsor, Sponsor’s Affiliates and the officers, directors, employees, representatives, contractors, and agents of each such entity ("Released Parties") harmless from any and all liability whatsoever for any injury, loss, or damage of any kind to any person or property resulting from (i) acceptance, possession, or use or misuse of any prize, (ii) participation in this Contest or any Contest-related activities, or (iii) use of the Entry in any manner. Except where legally prohibited, each winner grants (and will confirm that grant in writing) permission to Sponsor and Sponsor’s Affiliates, exercised in their sole discretion, the right to use the winner’s name, picture, likeness, voice, biographical information, and Entry (whether altered, changed, modified, edited, used alone, or used with other works) at any time, in any form, in any media, without compensation of any kind and without notice, review, or approval.
By submitting an Entry, each Entrant warrants that (i) the Entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, (ii) the Entrant has followed the Rules and has the right to grant the rights to a Entry as provided in these Rules, (iii) the Entry has not been published or submitted in any other competition; (iv) the Entry is your original work; (v) the Entry has not won previous awards; (vi) you have obtained permission from any person whose name or likeness is used in the Entry; and (vii) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Released Parties from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. Further, by submitting an Entry, the Entrant grants permission for Sponsor and Sponsor’s Affiliates to publish, post, adapt, edit, display, and/or modify or otherwise use the Entry in any form, in any manner, and in any media, without any time or territorial limitation, deemed appropriate by Sponsor or the Sponsor's Affiliates, without compensation of any kind to Entrant. Entrant further agrees that submission of an Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to entrant. Entrant acknowledges that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant. Sponsor reserves the right to screen Entries, but may post Entries to the Website without editing or other prior review. Entrants acknowledge that Sponsor has no obligation to use or post an Entry you submit.
Accepting a prize further constitutes the winner's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the Entry, including, without limitation, all copyrights. By accepting a prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
If you believe that an Entry violates your copyright, please submit a claim of infringement to Briggs & Stratton in a written complaint that complies with the requirements below and deliver to our designated agent to receive notification of claimed infringement at:
Briggs & Stratton Corporation
Attn: Yard Smarts Intervention
PO Box 702
Milwaukee, WI 53202-0702
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials; (c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). You should be aware that, under the Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Wisconsin without giving effect to any choice of law or conflict of law rules. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Milwaukee County, Wisconsin.
LIABILITY LIMITATIONS: Neither Sponsor nor Sponsor’s Affiliates are responsible or otherwise liable in any manner for any (i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured Entry/mail, (ii) lost, interrupted, or unavailable satellite, network, server, or other connection, (iii) accessibility or traffic congestion, miscommunication, or failed computer, network, telephone, satellite, cable, transmission line, or communication line, (iv) technical failure, malfunction, or difficulty, whether related to software or hardware, (v) jumbled, scrambled, delayed, or misdirected transmission, (vi) incorrect, incomplete, or inaccurate information or typographical errors, (vii) unauthorized access to, tampering with, or hacking into any Website or electronic device, or (viii) other error, omission, interruption, deletion, defect, or delay of any kind whether human, mechanical, electronic or network. Sponsor may, at its sole discretion, disqualify any individual who tampers with any Entry or with the operation of the Contest, who acts in violation of these Rules or otherwise in a non-sportsmanlike or disruptive manner, or who displays any intent to threaten, abuse or harass any other person. If, for any reason, the Contest is affected by any computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical failure or other cause which, in the sole opinion of Sponsor, corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may in its sole discretion cancel, terminate, modify, or suspend the Contest, and determine winners from Entries already received or as otherwise deemed fair and equitable by Sponsor. As a condition of entering, Entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
IN NO EVENT WILL SPONSOR OR SPONSOR'S AFFILIATES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE CONTEST, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WINNERS LIST: To request a list of winners, write your complete name and address on a 3"x5" card and mail in a first class stamped envelope to: Yard Smarts Intervention, PO Box 702, Milwaukee, WI 53202-0702 for receipt by August 31st, 2011.
SPONSOR: Briggs & Stratton Corporation, P.O. Box 702, Milwaukee, WI 53201-0702.