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.

THE CHRISTMAS "MIRACLE"

Be sure to watch the side-by-side video, comparing the original Home Depot $25,000 contest entry with the "newly edited" version in which Home Depot allowed them to remove FOUR contest rules violations AFTER the contest was over, just to keep them the winner. That and much more as you scroll down.



First of all a HUGE THANK YOU to everyone who is linking this blog or the YouTube version of our "side-by-side" proof video. We've had hundreds and hundreds of people checking out this issue. Please keep up the effort! Has anyone tried a letter-to-the-editor in their local paper yet? Let me know what works!

What happened on Christmas Day? Well, in yet another stage of "damage control", Home Depot/IMRE Communications finally deleted this comment from their YouTube contest message board, regarding another video to which they actually applied their rules (gasp!).



On December 24th, it was there... Christmas Day, gone (along with many other user comments). What do you suppose was going on? Maybe a corporate inquiry on that day to see what kind of absolute mess Home Depot/IMRE has made of this? Scrub the "really bad stuff"? Don't worry, we have copies of everything. The other Christmas "Miracle"? Home Depot decided to close down their "feedback" message boards forever, attempting to shutter the discussion without ever addressing the immense outrage that swelled into the threads. "Nothing to see here, please move along". Happy Holidays from Home Depot, indeed.


Be sure to read the following post and take action!

THE PROOF! SIDE-BY-SIDE COMPARISON

Note: Please scroll down to the bottom to keep abreast of the incredibly controversial Home Depot $25,000 Gift Card contest meltdown. It was near-revolt at the Home Depot YouTube message board when they allowed the winning video to re-edit their video after the contest was over, just to meet contest rules (even though they disqualified others). The bottom-most post will fill you in on most of the details.

I have been able to sync up a saved original video submitted by the Longs (that they have now deleted from YouTube) with the newly re-edited version. This is the same video Home Depot declared the winner in their $25,000 contest, then allowed to be re-edited after the contest was over. In this video, we compare the two side-by-side, so you can see for yourself just what Home Depot allowed the Long family to change, just to keep them in the winner's circle, and despite the fact that their video should have been disqualified. (You can see the full, unedited version of the new video here)

The good news is, upon further analyzation, there are four, not five, copyright violations in the original video. I stand corrected on that one. The bad news is, I can find NOWHERE in the contest rules that indicate what Home Depot did was legal. It is the sole responsibility of the contest entrant to ensure they don't violate the rules. It is not Home Depot's responsibility. Am I wrong?



Take a look, and when you've seen enough, click the profile button to the left to contact some of the people responsible for this contest. Or, contact your local media stations and see if they will follow up on this story. Make sure you read all the posts below as well. Send me a comment to tell me what you think.

TODAY'S CHALLENGE: Link as many people as you can to this website or the YouTube version of the video below. Raise awareness! It all starts there!

THEIR FIRST YOUTUBE "MELTDOWN"

Allowing a video to re-edit AFTER the contest, just to meet contest rules? Is that what IMRE Communications, the company hired to handle the contest, thinks is appropriate? Apparently this is their first time running anything like this YouTube contest. Can you tell? During the time the $25,000 "meltdown" contest was being run there was a PRWeek article. Manish Shrivastava, who is president of Home Depot Incentives and one of the people conducting this contest, had some things to say:

"[Home Depot] usually targets different mediums for campaigns, but felt it was time to throw its hat into the new-media ring in a significant way." He said the holiday season and this idea presented the perfect opportunity ... "It's a good way for us to learn and see what works for us in this space and optimize it from there".

If what has been witnessed is any indication, they would seem they have a lot of work to do in ensuring a legally-conducted contest. If you have any questions for them, or want to let them know what you think of the job they did, contact Will Zweigart at IMRE Communications (willz@imrecommunications.com, 410-821-8220).

I have received several supportive comments in the comments section here, but also several "naysayer" posts. But in every "naysayer" case they chose to address something, ANYTHING besides the substance of the alleged contest law violation. So, rather than endure more comments that have no real value other than to fein "concern", I offer a simple guideline for posting here. If you think that I am wrong about ANY information posted here, then just write a new comment saying something like:

"Hey, this is 'journalist' Patti Bond, and those articles that say that I'm going to work for Home Depot eight days after writing a glowing article about the Home Depot $25,000 contest aren't true, because ..."

- or even -

"This is Home Depot headquarters, and the reason we feel we were responsible for helping the Longs re-edit their video to comply with our contest is based on the Georgia legal statute XX-1234 that says, contrary to our contest rules, the entrants themselves are in NO WAY responsible for their own content. If we really like a video, we are legally obligated to help them win."

That last one I would LOVE to see come to reality. I would sleep better at night...

HD/LONGS: "ONE" CHANGE, REALITY "MANY"

In case you're just getting up to speed, there is a major controversy over the Home Depot $25,000 Gift Card contest. Chronologically, posts start at the bottom and go up, so scroll down to the bottom to get all the crazy details.

This post will address the scenes that were allowed to be modified AFTER the contest was over, just so Home Depot could retain them as winner, in apparent violation of their own contest rules. Home Depot and the Long family have now posted that the re-submitted video changed "one brief shot", but we know that is simply not true.

Below you will see messages from both Home Depot and the Long family that say an image was changed, as in singular... one. But all that aside, where in the contest rules does it say that it is Home Depot's responsibility to inform the entrant as to their eligibility? In the contest rules, it places sole responsibility on the entrant. So, allowing the Long family to modify their video and then resubmit AFTER the contest was over seems completely in violation of Home Depot's own contest rules. Home Depot's excuse that they gave everyone that "opportunity" seems besides the point, and more like a smokescreen than a legal justification. What do you think?

(UPDATE: To be fair, this may be a matter of parsing words. Upon reviewing the message threads preceding the re-edited video, the main objection by YouTube posters was the mention of "The Right Stuff" movie poster, which may have led to the "image" versus "images". It was a a seemingly obvious violation, so it was a natural focus for objection. It was only after the re-edited video was submitted that it became apparent the extent of the changes. These seem a little bit "word-smithy", but we'll give them the benefit of the doubt. It still doesn't alter the fact that Home Depot claims it was their responsibility to inform the winners AFTER the deadline that they needed to make some changes, a point which seems contradictory to anything I can find in the official contest rules.)

THE $0 CONTEST - PROVE THIS BLOG WRONG

At least one person has come to this blog to try and rustle feathers and otherwise intimidate the investigation into this contest "melt-down". They choose to post anonymously, and have offered little beyond fact-free threats to this blog. I want someone to prove me wrong on all this, not just come here to complain. If anyone is serious enough to discuss these potentially serious violations, please continue reading.

My challenge to them (and to anyone else) is rather than come here and launch verbal attacks for the sheer audacity to challenge Home Depot's opinion (gasp!), try posting reasons why you think there were no rules violations:

• Where in the contest rules does it say it is appropriate for Home Depot to change multiple content issues that would disqualify the video, AFTER the contest is over? Home Depot says it's what they offered to everyone. But I have yet to see any verifiable evidence that ANYONE was approached mid-contest and told what to change in their video to avoid being disqualified.".
• Will Home Depot go on the record telling us how many people they actually notified and gave instructions on how to fix their violating video?
• MOST IMPORTANTLY: Where in the contest rules does it say that it is Home Depot's responsibility to inform contestants whether or not they are violating the rules? In the contest rules, they do everything possible to lay responsibility on the person entering the contest, not Home Depot. If you were lucky enough to be contacted by Home Depot to fix something (which I highly doubt happened), it would still be a "favor" by Home Depot, not a right given to all entrants via the contest rules. Am I wrong?
• Why did Home Depot disqualify the Bork video from New York for rules violation, but not this video?Where in the contest rules does it say that you can re-submit a video after the December 15th deadline? Show me. Prove me wrong.
• Why did Home Depot (and the Long family) say they reposted a video that addressed the "shot" in question. Note, they say it singularly, as in ONE correction. They don't say "the five or more shots that violated rules". (UPDATE: Please read the addendum to the post above for some clarification here)
  
• Where in the contest rules does it state that after the contest is over, you can fix your video to remove copyright violations, but we'll still use the view count from your previously disqualified video. After all, that's 20% of the vote, according to them.
• Will Home Depot or you explain why a message from someone who said they were the marketing director for Home Depot went on their message board and insulted one of the contest entrants, then deleted his own message, then posted again admitting that he deleted it?
• Why is it alright for Home Depot to begin deleting messages on their board that contradict their opinion on the contest, or that contain information they deem irreconcilable?
• Will Home Depot or you explain why Patti Bond gave such a sunshine review of the $25,000 contest in the publication, then a week later is coincidentally working for Home Depot?

This isn't some mom-and-pop contest. This $25,000+ award puts it in a different category than your local grocery-store giveaway. Home Depot is legally obligated (as they have said themselves) to post the contest rules, and follow them to the letter, without modification. So, I say to all of you... if you want to be upset, be constructive and prove to me that any of these accusations are unfounded. I would be most grateful to you. Until then, this contest seems horribly executed and possibly legally unfounded. It began with the promise of collective intellectual challenges and excitement, and ended with a stink-bomb of people scratching their heads saying "what is going on here?". What say you?

JOURNALIST PROMOTING CONTEST GETS JOB AT HOME DEPOT

Oh...my...goodness... Back on December 12th, 2007, an article was published by the Atlanta Journal-Constitution.  This article was written by Patti Bond. It was a glowing review of Home Depot's new marketing tool, the YouTube $25,000 contest.  It included a nice link to Home Depot's contest web site and more. Why then, EIGHT DAYS LATER on December 20th, 2007, did we find out that Patti Bond is no longer working at the Atlanta Journal-Constitution.  Did she want to spend time with her family? Not exactly.  She took a new job in internal communications somewhere else. Where, you ask? At Home Depot.  Yes, you read that right.  A little over a week after publishing a wide-spread article promoting Home Depot's $25,000 contest, she resigns so she can go work for Home Depot.  Nice... Are there laws against this?

(Photo from Talking Biz News)

JOB DESCRIPTION: YOUTUBE MESSAGE DELETOR

Above you'll see a few posts on the Home Depot's YouTube contest site (while it lasts) that are either being deleted or reference being deleted. There are many more, take my word for it. When it became exposed that Home Depot coached the winning video through at least FOUR changes to their video to conform with their contest rules, they set up a round-the-clock job for one or more staffers. Their task? To delete any message that they felt was "inconvenient" to their contest.

A post would go up, and within minutes, things would disappear. Night-time, weekends? No problem when it comes to covering their tracks. Home Depot stayed busy around the clock deleting messages. Fortunately, logs had been kept by multiple users that show the trail.

(LATE UPDATE: The Home Depot message board has been removed from YouTube, so don't bother trying to go there. Although we still have logs of all the messages for posterity. Also, the violations have been changed from FIVE to FOUR, since the "study room" shot was unchanged from the original shot, although the "study room" shot may still in fact be copyrighted)

THE CONTEST CONTROVERSY IN A NUTSHELL

On December 15th, 2007 Home Depot concluded a contest it was running that would award one person a $25,000 Home Depot gift card. The goal was for entrants to create a video that shows what you would do with said gift card, then submit it to YouTube via Home Depot's "group". The contest was advertised on Home Depot's web site, and there were articles written announcing the contest (more on that later). There were over 250 videos that entered the contest.

Home Depot was to announce the winner as scheduled, however their announcement came later than promised. They gave no official reason for the delay, but based on information after-the-fact it seems that the video they chose to win was disqualified when they found out the entrants were directly related to Home Depot staff members.

Thus, a new video was awarded the $25,000 prize. The Long's Rap, a family from Houston, Texas. It was a catchy, cute video to be sure. But soon after the announcement was made, there were several objections to the fact that it contained copyrighted material, which is a violation of the contest rules. Why disqualify one video for violating the rules, then award the $25,000 to someone else who also violated the rules, right? It seemed cut-and-dry... a giant frame of "The Right Stuff" movie poster.

So, Home Depot appeared to be doing the right thing when they came back with:

"Pending the resolution of this matter, we will be moderating comments. We are working to address this as quickly as possible. Thanks for your patience."

This is where things got ugly. Home Depot cut off communication for two days while they deliberated. When they came back, they stated:

"As backgound, we reviewed each video when it was submitted to ensure it complied with contest rules. When we found a submission that did not comply, we provided feedback to the submitter and gave them the opportunity to rectify. The winning video was selected because it was the best video and best represented the intent of the contest. Because we never identified any issues with the winning video when we reviewed it initially, we have recently given the winner the opportunity that all submitters have had - to make some minor adjustments to eliminated any potential compliance issues. The very brief image in question had no impact on the judging process. Please note that if you did not receive an email from us at any point after submitting your video, your video was not disqualified. Thanks again for participating and offering your feedback." (emphasis added)

Keep in mind that at this point, nobody else has come forward to say they were given the opportunity to change their video to comply with the violations Home Depot finds. But upon analyzing the newly-submitted video by the Longs, it turns out that it appears they made a change to not just one "very brief" image, but at least FOUR shots that violated the contest rules. They removed "The Right Stuff" movie poster, replaced a photo of an electrician, replaced a special effect shot of an explosion (copyrighted), and blurred the logo on the water heater. There may be more than this.

Then they allowed the Longs to resubmit their video, after the contest was over.

Once people found out about this, there was another uproar on the message boards on YouTube. However, this time Home Depot chose a different tact to deal with discontent... they started deleting messages that contradicted their own rationale. In fact, they had a staff member attending the YouTube site throughout the nighttime, who's task it was to delete "offensive" messages.

(LATE UPDATE: The "study room" shot was removed from this list, since it was unchanged from the original shot, so the total is now four confirmed violations, although the "study room" shot may still in fact be copyrighted)