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The following promotion is intended for the 50 United States and D.C. only (including territories, possessions, and commonwealths) and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the U.S. or D.C. (including territories, possessions, and commonwealths), and 21 years or older as of Promotion start date.
HGTV® SMART HOME 2023 SWEEPSTAKES
OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., INCLUDING TERRITORIES, POSSESSIONS, AND COMMONWEALTHS, 21 YEARS OF AGE OR OLDER AS OF PROMOTION START DATE. VOID WHERE PROHIBITED.
- How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on April 18, 2023 until 5:00 p.m. ET on June 9, 2023 (the “Promotion Period”), you may enter the HGTV® Smart Home 2023 Sweepstakes (the “Promotion”) online by visiting the HGTV® Website (https://www.HGTV.com/sweepstakes/HGTV-smart-home/sweepstakes) or the Food Network® Website (https://www.foodnetwork.com/sponsored/sweepstakes/HGTV-smart-home-sweepstakes) (together with the HGTV® Website, the “Websites”) and completing and submitting the online entry form (an “Entry”). All Entries must be received by the end time and date of the Promotion Period to be valid and eligible. Incorrect and incomplete Entries are void. These Official Rules are also available at https://www.HGTV.com/sweepstakes/HGTV-smart-home/sweepstakes/rules.
Limit of one (1) Entry, per eligible person, per Website, per day during the Promotion Period. For purposes of this Promotion, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET (unless specified otherwise). If multiple Entries are received during the same day on the same Website, only the first Entry will be accepted and additional Entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) Entry per Website, per day by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your Entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes or other promotion entry services) will void all Entries by you. In the event of a dispute as to any online Entry, the Authorized Account Holder of the email address used to enter will be deemed to be the entrant and such individual must comply with these Official Rules. The “Authorized Account Holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Prospective Grand Prize Winner may be required to show proof of being the Authorized Account Holder.
Note: In order to access the Websites and in an effort to optimize the Websites’ user experience, ad blocking software on your computer may need to be disabled
- Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C., including territories, possessions, and commonwealths, who are 21 years of age or older as of the Promotion start date. Employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible. Void where prohibited.
- Privacy: In connection with the Promotion entry process, Sponsor will be collecting personal data about entrants on the Websites in accordance with its privacy policy. Please review Sponsor’s privacy policy located at: https://corporate.discovery.com/privacy-policy. By participating in the Promotion, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy. When you enter the Promotion on the Websites, you may be asked to consent to receive promotional emails and reminders for upcoming promotions and information about Sponsor and/or other Promotion Entities. Consenting to receive such emails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning.
- Publicity Grant: Except where prohibited, participation in the Promotion constitutes your consent to Promotion Entities’ use of your name, photograph, likeness, statements, biographical information, voice, Entry, and/or state of residence for promotional and advertising purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission. In addition, entrants featured in any of Sponsor’s on-air presentations will be required to sign any agreements and releases designed by Sponsor with respect to their services and performances. The rights include on-location or studio-based on-air camera appearances, footage created when the prospective Grand Prize Winner is contacted, and any photographs, videos, or other materials provided by the prospective Grand Prize Winner to Sponsor.
- Limitations of Liability: Discovery Communications, LLC (“Sponsor”), Frontdoor, Inc., Kohler Co., LL Flooring, Inc., Mercedes-Benz USA LLC (“MBUSA”), The Sherwin-Williams Company, SimpliSafe, Inc., Sleep Number Corporation, Trex Company, LLC, VELUX America LLC, Ritway, Inc., and any other participating sponsors (collectively with Sponsor, the “Promotion Entities”) and each of their respective affiliates, subsidiaries, parent companies, advertising and promotion agencies, prize suppliers, all local sponsors, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Websites; theft, tampering, destruction, or unauthorized access to, or alteration of Entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any Entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, postage due, or any combination thereof. Online submission is not considered proof of delivery or receipt. Upon submission, all Entries become the property of Sponsor and will not be returned. Sponsor reserves the right to conduct a background check on any prospective Grand Prize Winner and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such prospective Grand Prize Winner might reflect negatively on Sponsor or any of the Promotion Entities. Failure by prospective Grand Prize Winner to agree to a background check may also result in disqualification. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- How Winner will be Determined: One (1) prospective Grand Prize Winner (the “Grand Prize Winner”) will be selected in a random drawing from among all eligible Entries received during the Promotion Period on approximately June 15, 2023. Sponsor anticipates that the prospective Grand Prize Winner will be contacted either by (i) phone, (ii) email, (iii) in writing, or (iv) via an “ambush style” visit by Sponsor’s representatives at the Grand Prize Winner’s home or other location between June 30, 2023 – July 30, 2023. The potential Grand Prize Winner may be filmed or otherwise recorded during such visit by Sponsor. Sponsor’s decisions with respect to the Grand Prize Winner, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding.
The prospective Grand Prize Winner will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prospective Grand Prize Winner within five (5) days from first notification attempt, if the prospective Grand Prize Winner fails to complete and return all requested forms by the specified date, if the prospective Grand Prize Winner does not pass Sponsor’s background check (in its sole discretion), or if the prospective Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective Grand Prize Winner shall be selected. The odds of winning depend upon the number of eligible entries received.
- Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer viruses, bugs, unauthorized intervention, fraud, or technical difficulties or other failures compromise, corrupt, or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process and void any Entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the Grand Prize using all eligible, non-suspect Entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Websites. In the event of a dispute as to the identity of the prospective Grand Prize Winner based on an email address, the winning Entry will be declared made by the Authorized Account Holder of the email address submitted at time of Entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Prize: One (1) prospective Grand Prize Winner will receive the following (the “Grand Prize”): (i) one (1) home located in Santa Fe, New Mexico (the “HGTV® Smart Home 2023”) that is featured on the Websites (including home furnishings, fixtures, artwork, and merchandise) (approximate retail value (“ARV”): $2,054,224); (ii) an All-New, All-Electric 2023 Mercedes Benz EQE Sedan (the “Vehicle Prize”) (ARV: $89,770); and (iii) One Hundred Thousand Dollars ($100,000) (awarded in the form of an electronic funds transfer (the “Cash Prize”). Actual value of HGTV® Smart Home 2023 depends on market fluctuations. ARV of total Grand Prize: $2,243,994. All components (as applicable) of the HGTV® Smart Home 2023 will be selected by Sponsor at its sole discretion. The HGTV® Smart Home 2023 shall be conveyed to the Grand Prize Winner without representations or warranties, express or implied, other than those, if any, provided by the contractor (“Contractor”) whom Sponsor has commissioned to remodel the HGTV® Smart Home 2023, and any applicable manufacturers’ warranties. Real estate transfer taxes, deed recording charges, closing costs, current and future real estate taxes, title insurance, homeowner’s hazard and liability insurance, and all other taxes, costs, fees, and expenses related to the purchase, receipt, ownership and maintenance of the house shall be the sole responsibility of the Grand Prize Winner commencing as of the date the Grand Prize Winner accepts the Grand Prize. The Released Parties shall not be responsible for construction delays and condition of title to home shall otherwise be as set forth in the agreement to transfer ownership of the HGTV® Smart Home 2023.The Vehicle Prize will be delivered with standard equipment for the stated model; any upgrades and options are at the sole expense of the Grand Prize Winner; vehicle may be delivered with limited mileage on it. Color, package, factory options, and other specifics are to be determined by Sponsor and are subject to availability. The Grand Prize Winner is solely responsible for the taxes, title, registration, insurance (proof of which must be shown prior to the Grand Prize Winner taking possession of Vehicle Prize along with a valid U.S. driver’s license), and pickup costs at a location designated by MBUSA. Regarding the Vehicle Prize, Sponsor and MBUSA do not make, nor in any manner are responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Vehicle Prize including but not limited to its quality, fitness for purpose, or mechanical condition, other than that expressed by the vehicle manufacturer’s new vehicle limited warranty, a printed copy of which shall be furnished with the Vehicle Prize. MBUSA shall make all necessary disclosures to Federal, State and local taxing authorities regarding the Vehicle Prize.
In lieu of taking title to the HGTV® Smart Home 2023 (and the contents of the HGTV® Smart Home 2023), the Grand Prize Winner will have the option of receiving $500,000 in cash, awarded in the form of an electronic funds transfer (the “Cash Option”). If Grand Prize Winner elects to take the Cash Option, the Grand Prize Winner will still receive the Cash Prize and the Vehicle Prize. If the Grand Prize Winner cannot take possession of the HGTV® Smart Home 2023 due to a force majeure event, failure of construction, or any other reason as determined by Sponsor in its sole discretion, Grand Prize Winner shall receive the Cash Option. Total ARV of the Grand Prize is $689,770 if Grand Prize Winner selects the Cash Option in lieu of the HGTV® Smart Home 2023.
All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state, and local taxes on the Grand Prize are Grand Prize Winner’s responsibility. The Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize. The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. Some restrictions may apply. Grand Prize cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or portions thereof, with a prize of comparable or greater value, at its sole discretion.
- Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York County, New York, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- Severability: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
- Winner List: Beginning on or about August 31, 2023, you may obtain the name of the Grand Prize Winner by going to the Websites.
- Sponsor: Discovery Communications, LLC, 230 Park Avenue South, New York, New York 10003.
- Administrator: Ritway, Inc., 1463 East Weisgarber Road, Knoxville, Tennessee 37909.
- Trademark Attribution: The HGTV SMART HOME 2023™, HGTV®, and FOOD NETWORK® are trademarks of their respective owners.
The Promotion and all accompanying materials are © 2023 Warner Bros. Discovery, Inc.
