KENTUCKY LIVING’S BEAUTIFY THE BLUEGRASS CONTEST

OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN.

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.  OPEN TO LEGAL RESIDENTS OF KENTUCKY, 18 YEARS OF AGE OR OLDER.

VOID WHERE PROHIBITED.

1. How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on March 1, 2021 until 6:00 p.m. ET on August 20, 2021 (the “Promotion Period”), you may enter Kentucky Living’s Beautify the Bluegrass Contest (the “Promotion”) by visiting the Kentucky living website and completing the online entry form and submitting a Submission (as defined below). Each entry must also include entrant’s (“Entrant”) full name, age, address, phone number (including area code), and e-mail address. Kentucky Electric Cooperatives, Inc., dba Kentucky Living (“Sponsor”) will not verify receipt of entries.

2. Submission Requirements: Submissions for the Promotion must consist of: [(i) two to four photos of the Entrant’s Beautify the Bluegrass project (the “Project”); and (ii) a description of no more than [300] words of how the Entrant’s Project contributes to Kentucky’s Beautify the Bluegrass campaign] (collectively, the “Submissions” and each, a “Submission”).  Each photo should be in .jpg, .gif or .png format and should be no larger than three megabytes (3 MB). Photo must be uploaded at the time of completion of the entry form; if submitted in any other manner or at any other time, the Submission will not be accepted.

If you are selected as a prospective finalist or winner, you will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective winner will be disqualified. Incomplete and/or late Submissions will also be disqualified. Completed Submissions that are created and received within the guidelines contained in these Official Rules shall be referred to herein as “Eligible Entries”. Submissions that are not your original work and/or illegible/corrupted/garbled or incomplete entry forms will not be accepted. Sponsor reserves the right to reject any Submissions that it deems, in its sole discretion, to violate any of the policies of Sponsor’s customary standards and practices.

Limit of one (1) entry per eligible person during the Promotion Period.  If multiple entries are received, 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 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. 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. 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. Potential winners may be required to show proof of being the authorized account holders.

If Entrant’s Project involves the access, use or beautification of any property that is not owned by the Entrant (i.e. another person’s or entity’s property or public property) Entrant is solely responsible for obtaining all necessary consents and/or permissions to access, use and alter such property. Sponsor shall not be responsible for any damages or liability arising out of (a) Entrant’s failure to obtain such consent and/or permission or (b) any violations of law by the Entrant. It is the Entrant’s sole responsibility to confirm that his/her participation in the Promotion is in full compliance with all laws and to obtain all necessary permissions from applicable parties and property owners prior to undertaking the Project and entering the Promotion.

In addition to complying with the above, the Project and Submission must not include: (a) content that violates any third-party rights, including, but not limited to, copyrights or trademark rights (Submission should not refer to or depict products by brand name); (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language or content that promotes alcohol, tobacco, or drug use or any illegal activity; (f) any language or content that is disparaging to any of the Promotion Entities; or (g) any other language or content that Sponsor determines is not reasonably related to the Promotion.

3. Representations and Warranties: By submitting a Submission, you represent and warrant that: (a) the Submission is an original work created solely by you; (b) you own all rights to the Submission; (c) the Submission complies with all requirements of these official rules; (d) you have obtained all necessary consents and permissions to undertake the Project; and (e) you understand that other Entrants may submit Submissions that are identical to yours and that you shall not have any claim against any other Entrant or Sponsor or its designees arising out any such similarity (as applicable) or be entitled to any compensation because of any such similarity (as applicable). You further represent and warrant that the Submission includes a truthful, accurate photo of the Project; and, without limiting the preceding, the image of the Project in the Submission photo was not edited, re-touched or otherwise altered in any manner.
4. Eligibility: This Promotion is open only to legal residents of the Commonwealth of Kentucky who are 18 years of age or older as of the Promotion start date. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities are not eligible.
5. Privacy: In connection with the Promotion entry process, Sponsor will be collecting personal data about entrants on the Website in accordance with its privacy policy.  Please review Sponsor’s privacy policy located at: https://www.kentuckyliving.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 at the Website, you may be asked to consent to receive promotional emails and reminders for upcoming promotions and information about Sponsor. 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. Except where prohibited, participation in the Promotion constitutes your consent to Sponsor’s use of your name, likeness, entry, and state of residence for promotional purposes in any media without further payment or consideration.
6. Limitations of Liability: Sponsor and any other participating sponsors [e.g. Governor’s Office of Kentucky] (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any violation of law arising out of an Entrant’s Project, any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, 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 Website; 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 other errors; and any entries that are late, lost, incomplete, misdirected, stolen, mutilated or illegible, or any combination thereof. Proof of online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, all you also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, 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 prizes 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 prizes 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. Except where prohibited by law, an Entrant’s entry and acceptance of a prize constitutes permission for the Promotion Entities to use said Entrant’s name, photographs, likeness, statements, biographical information, voice, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. No more than the advertised number of prizes will be awarded.
7. How Winners will be Determined:

At the end of the Promotion Period, a panel of judges selected by Sponsor will evaluate all Eligible Entries and select eight (8) nominees (each a “Nominee”) based on the following judging criteria: (a) [30%] based on Community benefit; (b) [25%] based on Photo documentation of project ; (c) [25%] based on Written documentation of project; and (d) [20%] based on Participation (the “Judging Criteria”). These Nominees will be selected on or about June 30, 2020.  In the event of a tie, ties will be broken based on the Community benefit criterion score and if a tie still remains, the tie will be broken based on the Participation criterion score.

Public Voting Period

Each Nominee’s Submission will be posted to the Website and voted on by the public. The public voting period for Nominees will be from 9:00 a.m. ET on September 6 [1] until 9:00 p.m. ET on September 17 (the “Public Voting Period”). However, by posting a notice to such effect on the Website, Sponsor reserves the right to modify the Public Voting Period, without liability of any kind.  The four (4) Nominees whose Submissions receive the highest number of votes during the Public Voting Period will be finalists (each a “Finalist”). In the event of a tie, the tie will be broken based on which Eligible Entry had the higher/highest score in the prior judging round.

For the avoidance of doubt, the Nominees who do not become Finalists will not receive any prize in the Promotion.

Only votes submitted by the public during the Public Voting Period will be used to determine the Finalists.  A visitor may vote one (1) time per day (12:00:01 a.m. ET – 11:59:59 p.m. ET) during the Public Voting Period.

Nominees are prohibited from soliciting votes, and voters are prohibited from soliciting votes on behalf of Nominees, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such Nominees disqualified. All results are unofficial until verified by Sponsor.

Entrants agree that if their Entry is selected as a Nominee:  (i) their Submission as posted may differ from the photo and description submitted by Nominee as his/her Entry due to technological, programming or other limitations/malfunctions/errors or like causes; (ii) Submissions may be posted by Sponsor in any order, pattern or sequence and such order/pattern/sequence may or may not be rotated one (1) or more times during the Public Voting Period by Sponsor in its sole discretion; and (iii) Sponsor will identify Nominees’ Submissions in a manner of its sole choosing (all Nominee Submissions will be identified in the same manner, however). Sponsor expressly disclaims any and all liability in conjunction with the preceding.

Grand Prize Winner Selection

On or about August 15, 2020, Governor Andy Beshear (or another judge selected by Sponsor in its sole discretion) will evaluate and score each of the Finalists’ Submissions using the Judging Criteria, and the one (1) Finalist with the highest score as determined by Governor Beshear will be named the Grand Prize Winner (the “Grand Prize Winner”). A scoring tie will be broken based on the Community benefit criteria score. If a tie still remains, the tie will be broken based on the Participation score. If a tie still remains, the tie will be broken based on the Written documentation of project score. Sponsor’s decisions with respect to the Grand Prize Winner and other matters pertaining to the Promotion shall be final.

8. Prize Conditions: Each prospective Finalist 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 Finalist within three (3) days from first notification attempt, if the prospective Finalist fails to complete and return all requested forms by the specified date, or if the prospective Finalist fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective Finalist shall be selected by selecting the next-highest scoring Submission.

Prior to selection of the winners, Entrants and/or their Submissions may be featured on the Website; however, in no way shall such promotion influence the selection of the winners. Winners will be selected in the manner outlined in Section 7 (“How Winners Will Be Determined”) above. Any winner will be personally notified by email, telephone, and/or overnight mail delivery on or around the dates specified in these official rules. RELATIVE TO SUCH POSTING (AS WELL AS THE POSTING OF NOMINEES’ ENTRIES), ENTRANTS’ SUBMISSIONS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANTS AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SUCH POSTING, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MONITORING/MODERATING/REVIEWING ANY POSTED CONTENT.  SPONSOR WILL NOT EDIT OR MODIFY ENTRANTS’ SUBMISSIONS BEFORE POSTING THEM.

9. Ownership of Submissions: By submitting a Submission, you acknowledge and agree that: (a) Sponsor is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your Submission, including, without limitation, all copyright, trademark, and other proprietary rights in and to the Submission (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the Submission shall inure to the benefit of Sponsor from the date of conception, of creation, or of fixation in a tangible medium of expression (whichever occurs first), of such Submission; (c) your Submission is a “work made for hire” (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that your Submission is not a work made for hire, you hereby assign to Sponsor all right, title, and interest in and to the Submission and all copies thereof that you may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) you waive all claims to any and all moral rights in the Submission including, without limitation, your right of attribution and integrity; and (f) Sponsor may exploit the Submission (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. Sponsor reserves the right to modify or edit the winning Submission for content including all copyrights and trademarks, and Promotion Entities or their assigned agent(s) will have the right to reproduce, publish, adapt, modify and/or revise the Submission, in its sole discretion, in any manner or form throughout the world, in perpetuity. Sponsor will own all rights to the winning Submission.
10. Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the judge’s or 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 virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion (including, but not limited to, the Public Voting phase of the Promotion), the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and proceed with the judging process, as outlined in the “How Winners will be Determined” section to award the Finalist Prizes (and to determine contestants in the Grand Prize Cook-Off event) using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE 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 ANY SUCH ENTRANT/INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

11. Prizes:

Grand Prize: The Grand Prize Winner will win the following (the “Grand Prize”): a catered barbecue meal with the Kentucky Governor, and/or his representatives for up to 200 people at a time and date to be determined by the governor’s office and

a commemorative plaque signifying the Grand Prize Winner as the recipient of the “Beautify the Bluegrass Governor’s Award”. Approximate retail value (“ARV”) of the Grand Prize: $ 2600.^[1]

Finalist Prize: Each of the other three (3) Finalists will win the following (the “Finalist Prize”): a commemorative plaque or certificate signifying the Finalist as the recipient of the “Beautify the Bluegrass Commonwealth Award.”  ARV of each Finalist Prize: $75.

ARV of all prizes: $2825.

The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective winner. All federal, state and local taxes on prizes (except as specified above) are the prize winner’s sole responsibility.

Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any prize, or portions thereof, with a prize of equal or greater value.

12. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these 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 Commonwealth of Kentucky without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the Commonwealth of Kentucky. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Franklin County, Kentucky, 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 Commonwealth of Kentucky. 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.
13. Winner List: Beginning on or about August 31, 2020 you may obtain the names of the Finalists and Grand Prize Winner by going to the Website.
14. Sponsor: Kentucky Association of Electric Cooperatives, Inc., dba Kentucky Living, 1630 Lyndon Farm Court, Louisville, Kentucky 40223.