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3916253v1 HOMER FUND: Homer bobble head DESIGN CONTEST GUIDELINES Overview The Homer Fund Bobble Head Collection will debut a special edition bobble head in 2014 as part of The Homer Fund’s 15 th anniversary celebration! However, this Homer won’t be ordinary— a design contest starts May 20, 2013, to find the most creative design of Homer for The Homer Fund Bobble Head collection. Bobble Head Design Guidelines: The design must be in color. An unlimited number of colors can be used. Black and white designs will not be accepted. The design must prominently include The Homer Fund logo. Design must include representation of The Homer Funds 15 th anniversary. Submission Guidelines: One submission per associate. Associates may only enter themselves into the contest. This must be an original design that has been created by the associate. Submission design must be on the official 2-page submission form as provided by The Home Depot. The submission may be sent by email to [email protected] or by fax to (770) 384- 2612. Associates must agree to the terms of the Homer Bobble Head Design Contest by signing the Entry Form and the Homer Bobble Head Design Contest Submission Agreement or the entry will be held invalid. Associate Qualifications: Only Home Depot associates may enter the contest. The contest is open to all full-time and part-time associates. Temporary associates are not eligible. Associates must be employed at the time the winners are announced. Associates that have received a Final Warning under the Standards of Performance guidelines are not eligible. Choosing a Winner: The winner will be chosen by a Homer Fund panel, designated by The Home Depot, based on creativity of the design and inclusion of The Homer Fund logo and brand. The winning design will be produced as the Homer bobble head and released as part of the Homer Fund Bobble Head Collection in 2014. The winner’s name and Home Depot location will be printed on the back of the bobble head. Key Dates Contest Begins Monday, May 20, 2013, 8 am Eastern] Contest Ends Friday, June 14, 2013 5:00pm Eastern Winner Announcement On or around Friday, June 24, 2013 Contact Email: [email protected] Phone: 800-654-0688, ext. 12611

HOMER FUND: Homer bobble head DESIGN CONTEST GUIDELINESthdhomerfund.org/assets/files/Contest/BobbleHead Contest guidelines... · 3916253v1 HOMER FUND: Homer bobble head DESIGN CONTEST

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Page 1: HOMER FUND: Homer bobble head DESIGN CONTEST GUIDELINESthdhomerfund.org/assets/files/Contest/BobbleHead Contest guidelines... · 3916253v1 HOMER FUND: Homer bobble head DESIGN CONTEST

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HOMER FUND: Homer bobble head DESIGN CONTEST GUIDELINES

Overview The Homer Fund Bobble Head Collection will debut a special edition bobble head in 2014 as part of The Homer Fund’s 15

th anniversary celebration! However, this Homer won’t be ordinary— a design contest

starts May 20, 2013, to find the most creative design of Homer for The Homer Fund Bobble Head collection. Bobble Head Design Guidelines:

The design must be in color. An unlimited number of colors can be used. Black and white designs will not be accepted.

The design must prominently include The Homer Fund logo.

Design must include representation of The Homer Fund’s 15th anniversary.

Submission Guidelines:

One submission per associate.

Associates may only enter themselves into the contest.

This must be an original design that has been created by the associate.

Submission design must be on the official 2-page submission form as provided by The Home Depot.

The submission may be sent by email to [email protected] or by fax to (770) 384-2612.

Associates must agree to the terms of the Homer Bobble Head Design Contest by signing the Entry Form and the Homer Bobble Head Design Contest Submission Agreement or the entry will be held invalid.

Associate Qualifications:

Only Home Depot associates may enter the contest.

The contest is open to all full-time and part-time associates.

Temporary associates are not eligible.

Associates must be employed at the time the winners are announced.

Associates that have received a Final Warning under the Standards of Performance guidelines are not eligible.

Choosing a Winner:

The winner will be chosen by a Homer Fund panel, designated by The Home Depot, based on creativity of the design and inclusion of The Homer Fund logo and brand.

The winning design will be produced as the Homer bobble head and released as part of the Homer Fund Bobble Head Collection in 2014.

The winner’s name and Home Depot location will be printed on the back of the bobble head. Key Dates Contest Begins Monday, May 20, 2013, 8 am Eastern]

Contest Ends Friday, June 14, 2013 5:00pm Eastern

Winner Announcement On or around Friday, June 24, 2013

Contact Email: [email protected] Phone: 800-654-0688, ext. 12611

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HOMER FUND: Homer bobble head DESIGN CONTEST

SUBMISSION FORM

To enter, complete this 2-page form and follow the instructions below. All entries must be received by June 14, 2013. Associate Name: _________________________________________________________________________ Associate Store/Location #: ________________________________________________________________________ Manager’s Name: _____________________________________________________________________ Page 1 - Draw your design of the FRONT of a Homer bobble head, body, and base in the box below. Designs must be in color, prominently include The Homer Fund logo, and include representation of The Homer Fund’s 15th anniversary.

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HOMER FUND: Homer bobble head DESIGN CONTEST

SUBMISSION FORM

Page 2 - Draw your design of the BACK of a Homer bobble head, body, and base in the box below. Designs must be in color, prominently include The Homer Fund logo, and include representation of The Homer Fund’s 15th anniversary. SEND COMPLETED FORMS VIA: Email: [email protected] (Scan entry form and attach to the email) OR FAX: (770) 384-2612

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Homer Fund Bobble Head Design Contest

Submission Agreement

1. Introduction

This Homer Fund Bobble Head Design Contest Submission Agreement (“Agreement”) sets forth the

terms and conditions by which participants (“Participants”) may submit their entries to the Homer Fund

Bobble Head Design Contest (the “Contest”) for use on Bobble Heads and/or related items (the

“Items”). By submitting an entry into the Contest, and in consideration of The Home Depot (“THD”)

evaluating the design you submit (your “Design”), you become a Participant and agree to be bound by

the terms of this Agreement.

2. Eligibility

2.1 To enter the Contest and submit a Design, you must:

(a) be 18 years of age or older;

(b) be a current employee of THD;

(c) be under no legal restrictions that prevent you from providing your Design to THD as part of the

Contest;

(d) submit an original Design that does not contain any obscenity, falsehoods, slander, libel,

pornography, offensive or infringing material; and

(e) submit your Design and accept the terms of this Agreement on or before 5 pm Eastern on June

14, 2013.

3. Intellectual Property Rights

3.1 THD is not required to treat your Design as confidential. By submission of your Design to the

Contest for potential selection, you grant THD and its successors, affiliates, licensees and assigns, the

irrevocable, non-exclusive, transferrable, sublicenseable, and royalty-free right and license to copy,

exhibit, edit, publish, display, distribute, modify, adapt, and otherwise use your Design in any manner in

THD’s sole election and discretion in connection with the Contest, which use shall not entitle you to

receive any compensation whatsoever.

3.2 You agree that if your Design is selected by THD, you hereby assign to THD or its designee the

entire right, title, and interest in and to the copyright(s) in your Design, for THD or its designee’s

exclusive use on and in connection with the Items and the Contest. You also acknowledge that you

waive any and all "moral" rights that you may have in and to your Design.

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3.3 If your Design is selected, THD may use your Design in any manner on or in connection with the

Items, including but not limited to: reproducing the Design on the Items, selling Items bearing the

Design, changing or reworking the Design by making, for example, color or size changes, making

derivative works of the Design, using the Design in THD’s marketing or advertising materials, using the

Design on THD websites and social media pages, and registering the Design with the US Copyright

Office in the name of THD as the claimant, and you as the author. You agree to provide THD with

information and documentation as may be required in order to register the copyright in the Design if

THD so requests, at no cost to you.

3.4 If your Design is selected, you may not use the Design (or derivatives of the Design) or allow

others to use the Design (or derivatives of the Design) for any purpose. You acknowledge that all rights

in the Design are assigned to THD or its designee pursuant to Section 3.2. In addition, you may not

reproduce, sell, or submit the Design to others for any purpose.

3.5 If your Design is not selected for use by THD and your Design contains any trademarks, trade

names, trade dress, service marks, copyrights, or any other intellectual property owned or licensed by

THD, you may not use the Design for any purpose.

4. Warranties and Representations

By submitting your Design to the Contest, you represent and warrant as follows:

(a) that you are under no restriction that would prevent you from assigning to THD the rights to your

Design as set forth herein;

(b) that your Design is original and authored by you, and

(c) that your Design does not violate or infringe the rights of any third party, including without

limitation, intellectual property, publicity or privacy rights.

5. Contest Winners

5.1 The Contest winner(s) shall be determined according to the Homer Fund Bobble Head Design

Contest guidelines (the “Rules”), and all decisions shall be final.

5.2 THD reserves the right to cancel or postpone the Contest at its discretion.

6. INDEMNITY AND RELEASE

6.1 You agree to hold THD harmless from and against any liability, loss, damages, costs and

expenses, claims, causes of action, penalties, interest, awards, judgments, fines, fees (including

reasonable attorney's fees) arising from or relating to the Rules.

6.2 You hereby release, discharge, and hold harmless THD, its assignees, licensees, designees,

agents, and affiliates, and each of their related parent companies, subsidiaries and/or affiliated

companies, and the officers, directors, employees, agents and representatives of each of the foregoing

(collectively, the “Released Parties”), from any and all liability or claims arising out of or in any way

resulting from your participation in the Contest and the use or reuse of your Design, appearance, name,

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likeness and/or biographical information, and you agree not to make any claim against THD or the

Released Parties as a result of your participation in the Contest and in connection with any use or reuse

of your appearance, name, likeness and/or biographical information (including, without limitation, any

claim based upon defamation or invasion of privacy and/or publicity). In no event shall you have any

right to injunctive or other equitable relief against any of the Released Parties in connection with the

Contest.

7. Termination

7.1 THD may, in its sole discretion, disqualify you from participation in the Contest in the event that

you are in breach of this Agreement, including without limitation, the Eligibility requirements under

Section 2 above, or any of the Rules.

8. Law and Jurisdiction, Miscellaneous

8.1 You agree that any dispute between you and THD arising out of or relating in any way to the

Rules, the Contest, your Design, or this Agreement shall be governed, construed, applied, and enforced

in accordance with the laws of the State of Georgia without regard to conflict-of-law principals. The

parties hereto submit and consent to the jurisdiction and venue of the federal and state courts in Atlanta,

Georgia, for any claims or legal actions arising out of the relationship between the parties contemplated

herein or this Agreement.

8.2 The terms of this Agreement and the Rules constitute the entire agreement between the parties

with respect to the subject matter contained herein and supersede or cancel all prior oral or written

undertakings, understandings, agreements or negotiations concerning the subject matter contained

herein. To the extent that the terms of this Agreement and the Rules conflict, then the terms of this

Agreement shall prevail.

8.3 If any provision or part of this Agreement shall, for any reason, be held invalid, illegal, or

unenforceable by a court or tribunal of competent jurisdiction, this Agreement shall be deemed

severable and such invalidity, illegality, or unenforceability shall not affect any other provision or part

of this Agreement which shall be enforced in accordance with the intent of this Agreement.

8.4 The headings in this Agreement are included or purposes of convenience only and shall not be

used in the construction or interpretation of this Agreement.

8.5 The failure or delay of a party at any time to enforce performance of this Agreement shall not be

construed as a waiver of the right of such party to enforce performance of this Agreement at any

subsequent time.

8.6 The scope of this Agreement is worldwide.

9. Acceptance

I have read and understand the terms of this Homer Fund Bobble Head Design Contest Submission

Agreement.

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I understand that by making my submission to enter the Contest, I grant THD the rights to use my

Design as more fully described above.

By signing the Entry Form, I accept and agree to comply with the terms of this Agreement.

If I do not sign the Entry Form, I understand that I may not enter or participate in the Contest.

I have read and understand the terms of the Homer Fund Bobble Head Design Contest Submission

Agreement(the “Agreement”). I understand that by making my submission to enter the Contest, I grant

THD the rights to use my Design as more fully described in the Agreement.

By signing, I accept and agree to comply with the terms of the Agreement. If I do not sign the below, I

understand that I may not enter or participate in the Contest.

Signature

___________________________________

Printed Name