TODAY'S CHALLENGE: FIND THE STATUTE

If you haven't seen the side-by-side analysis of the winning video of the Home Depot $25,000 contest, scroll down to the other posts. You won't want to miss it!

It has been almost two weeks since the Home Depot $25,000 gift card contest ended. If you're not familiar with what's going on, scroll down to read the posts. Since the beginning of this blog, I have been practically begging people to give me some sort of statute or legal explanation as to why Home Depot would allow an entrant to re-edit their video to comply with their rules, after the contest was over. In fact, I really am begging now. Like many, I have enjoyed shopping at Home Depot and I looked at their contest as a refreshing holiday activity, with friendly competitiveness. I was surprised, as were many other people, when the rules seemed bent or completely ignored, just to retain a particular video as the winner. I've received many posts and e-mails... both in support and in opposition of this blog. But I have yet to hear from anyone from Home Depot or anyone else with definitive legal rationale... only that Home Depot claims to be doing for the winners what they would do for anyone else. But isn't that a favor, not a legal underpinning? So, that leads us to today's challenge... although it is one for deep thinkers, so be warned...

THE CHALLENGE: Are you a lawyer? Do you know a lawyer? Have you ever wanted to be a lawyer? Best yet, are you on the legal team of Home Depot or IMRE Communications? If so, I would be most grateful if you can provide any sort of legal statute (Georgia preferred) that dictates that Home Depot could legally allow someone to reconform their video after the contest is over. I haven't found anything yet, Home Depot hasn't responded to me, and I'm eager to post a complete correction and pull this blog off the web if I can. Keep those e-mails coming.

UPDATE: It looks like Home Depot has deleted their contest rules from their YouTube web site... interesting... not the videos, just the rules for the contest. So, to help you out (emphasis added in areas of interest):

OFFICIAL RULES
HOME DEPOT HOLIDAY
GIFT CARD CONTEST
OFFICIAL RULES
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID
WHERE PROHIBITED BY LAW.
WHO MAY ENTER: This contest is intended for participation by legal U.S. residents of the United States (including Washington D.C.) 18 and older as of November 10, 2007. Individuals employed either by Home Depot Incentives, Inc. (“Sponsor”), Imre Communications, You Tube, and their respective affiliate companies, subsidiaries, advertising and promotion agencies, and judges (collectively “Contest Parties”) at any time during the Contest Period (defined below), and members of their immediate family or persons living in the same household, are not eligible.
HOW TO ENTER: Complete the electronic entry form and upload a video showcasing a home improvement project as detailed below between November 10, 2007 – December 15, 2007 (“Contest Period”), and no later than 11:59:59 p.m. EST on December 15, 2007 on the
following designated group on YouTube’s website located at: www.youtube.com/group/thdgiftcards (“Website”). Videos submitted prior to or after the Contest Period will be disqualified. For purposes of this Contest, all internet entries, “receipt” of an internet entry occurs when Sponsor’s servers record the entry information resulting from the entrant clicking the “Submit Entry” button. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified. All entries become the property of Sponsor and will not be returned. All winners must meet the eligibility requirements set forth in these rules in order to qualify for the prize. Limit one entry per person. Sponsor is not responsible for lost, late, misdirected, incomplete or illegible entries. Sponsor is not responsible for any failure of the website during the Contest Period, including any telephone problems or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of traffic congestion on the internet or at the website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material related to the Contest, all of which may affect a person’s ability to participate in the Contest. All entries must be submitted according to the YouTube Terms of Use (http://www.youtube.com/t/terms) and these Official Rules. Sponsor reserves the right to reject any entries or comments that violate the YouTube Terms of Use stated above, and/or contain any message that, in our sole opinion, harasses or threatens any individual; is obscene, illegal or otherwise objectionable. By entering this Contest, each entrant affirms, represents and warrants that: i) its entry is an original work of the entrant; (ii) its entry does not defame or invade the rights or privacy of any person, living or deceased, and does not contain any material that would violate or infringe upon the copyrights, patents, trademarks, rights of privacy or publicity, or other intellectual property rights of any person or entity ; (iii) the posting of its entry on the Website will not infringe upon or violate the copyrights, patents, trademarks, rights of privacy or publicity or other intellectual property rights of any person or entity; (iv) to the extent that its entry contains any third party materials and or depicts the name, likeness or indicia of identity of any person living or deceased, the entrant has secured and can provide, upon Sponsor’s request, all necessary permissions to enable inclusion and use of such materials in its entry and posting of such materials on the Website. By entering this Contest, each entrant grants Sponsor and YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform their entries on the Website in connection with this Contest. Entrants further grant Sponsor a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform their entries in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities. Entrants are prohibited from submitting entries that: (i) contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the entrant is the owner of such rights or has permission from the rightful owner to post the material and to grant Sponsor and YouTube all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sponsor, YouTube or any third party; (iii) contain material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Entrants agree that Sponsor shall have the right to immediately remove any entry and disqualify any entrant who has or is suspected of violating these Official Rules or whose entry infringes or potentially infringes upon the intellectual property rights or other rights of any person or entity. JUDGING CRITERIA: There will be a maximum of Twenty-One (21) winners. Winners will be selected by a panel of three (3) judges, selected at Sponsors’ sole discretion, no later than December 17, 2007 from among all eligible entries received based on the following: Relevance to the Gift Card Contest Theme (defined below) 40% Creativity 20% Originality 20% View Content (number of viewers as listed by You Tube) 20% Winners will be notified by mail or phone. Decisions of judges are final. Entrant’s must meet, as determined by Sponsor, the following criteria to be awarded the prize: 1) video must showcase home improvement projects in or around the entrant’s home; 2) video must describe how entrant will use the $25,000 The Home Dept Gift Card if selected as the Grand Prize winner(“Gift Card Contest Theme”); and 3) video should not exceed two (2) minutes in length. The video entry must not have been previously submitted, distributed, aired or have won any other award in any other competition. All entrants will be required to sign an affidavit verifying the originality of the video and compliance with these Contest rules. As a condition of winning the prizes, all potential winners must complete, sign and return an affidavit verifying (1) originality of the entry (2) eligibility and a (3) liability and publicity release, where permitted by law, and any other applicable forms required by a taxing authority within ten (10) days of receipt of written prize notification or prizes will be forfeited and an alternate winner selected. Further, by accepting the prize, the winner consents to Sponsor’s use of their name, photograph and/or likeness, address, voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without
limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities without additional compensation, unless prohibited by law. By participating in this Contest, entrants agree to release and hold harmless Contest Parties and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; or 2) participation in the Contest or any prize related activities, including but not limited to traveling to or from any prize related activity. Upon delivery of the prize to the winner, Sponsor will be deemed to have awarded the prize to the winner with winner assuming full responsibility for the prize. If any correspondence of the contest judge or any prize is returned as undeliverable, the corresponding prize will be forfeited and will be awarded to an alternate winner. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize. Any unclaimed prizes will be awarded in a random drawing to be held as necessary. In the event there is a dispute of the entrant’s identity, the prize will be awarded to the established email account associated with the entry. Sponsor reserves the right to cancel, terminate, modify or suspend this Contest in the event that this Contest is not capable of running as planned, including infection by computer virus, bugs, tampering unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest. PRIZES: One (1) Grand Prize consists of: A $25,000 The Home Depot Gift Card. Twenty (20) First Place Prizes consist of: A $200 The Home Depot Gift Card. Total APR for all prizes $29,000. All properly claimed prizes will be awarded. Only the prizes specified above will be awarded. Prizes are non-transferable, with no cash redemption or equivalent. All federal, state and local income taxes, insurance, licensing, registration and title fees connected to the prize are the sole responsibility of the winners. All federal, state and local laws and regulations apply. Sponsor shall only be responsible for awarding the number of prizes as stated in these rules. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prizes awarded. Gift Cards are subject to terms and conditions on the back of each card and as otherwise specified by The Home Depot. Prizes are not transferable or redeemable for cash and no substitutions are allowed, except by Sponsor who reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Winners may use The Home Depot Gift Card toward the purchase of merchandise at any The Home Depot retail store or EXPO Design Center. The Home Depot Gift Card has no implied warranties, is not a credit card or debit card, and is redeemable for merchandise only and will not be redeemed or exchanged for cash, check or credit. It may not be used for payment on any credit or loan account. Lost, stolen or damaged The Home Depot Gift Cards will not be canceled and replaced without the required proof of acceptance by the winner. Additional terms and conditions apply. MISCELLANEOUS CONDITIONS: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.homedepot.com/privacy) and YouTube’s Privacy Policy (http://www.youtube.com/privacy/privacypolicy.html). The data collected will be shared with The Home Depot and You Tube. At the time you are entering the Promotion, we may ask your permission to send you future marketing information from The Home Depot. We want to assure you that The Home Depot is dedicated to protecting your privacy. You can contact us or otherwise communicate your privacy concerns by:
calling us at 1-800-553-3199
faxing us at 1-877-496-9470
e-mailing us at customercare@homedepot.com
accessing your registration information on our Sites
registering or changing your privacy preferences at
www.homedepot.com/privacypreferences
writing us at the address below (please include your e-mail address and phone number with your correspondence along with the information needed to support your request):
The Home Depot, Inc.
Attention: Privacy Official
Customer Care
2455 Paces Ferry Road
Home Depot Holiday Gift Card Contest http://www.contestrules.net/thdgiftcards/
5 of 5 12/19/07 8:40 AM
Atlanta, GA 30339-4024
CHOICE OF LAW: Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Georgia, without regard to Georgia conflict of law principles. WINNERS LIST: To obtain a winners list by email, send a request to: willz@imrecommunications.com or via telephone to Will Zweigart, Imre Communications, 410-821-8220. Requests must be received by January 5, 2008.
SPONSOR: The Sponsor of this Contest is Home Depot Incentives, Inc. 2455 Paces Ferry Road, Atlanta, Georgia, 30339.