1. These are the official rules for the Archstone 2010 Art of Santa Monica Contest (the “Contest”) offered by Archstone (the “Sponsor”). By entering the Contest, entrants agree to be bound by these official rules and all decisions of the Sponsor and Contest judges relating to the Contest, which shall be final and binding on entrants.

2. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASING OR LEASING WILL NOT IMPROVE YOUR CHANCES OF WINNING. 

3. Eligibility: this Contest is open only to residents of California, who are 18 years of age or older, at the time of entry.  Employees of Sponsor and its advertising agencies, property managers, leasing agents, affiliates, and/or promotional partners (collectively “Sponsor Entities”) and members of their immediate families together with whom such employees are domiciled are not eligible to enter or win.

4. How to enter:  You can enter by submitting an original work of art (“Artwork”) along with your name, address, and phone number by email to the Archstone Santa Monica on Main apartments at artofsantamonica@archstonemail.com between 12 a.m. on January 15, 2010, and 11:59 p.m. February 15, 2010.  Artwork shall be submitted in the eligible media and acceptable submission file types specified at www.artofsantamonica.com.  Artwork that does not meet these specifications will be rejected and will not be eligible for the Contest.  All entries must be received by 11:59 p.m. on February 15, 2010.  The internal clock of the website will be used to determine when an entry was received.  All times are PST. Limit one entry per person. 

5. Determination of the winner:  Prize winner will be chosen by a select panel of judges from all available entries received to that email address.  The winner will be determined based on the following criteria: visual interest (50%), content (25%), and craftsmanship (25%).  The winner will be announced on or about April 2, 2010 at the Archstone Santa Monica on Main apartments.

6. Prize:  There will be one (1) grand prize awarded – a $1,000 Visa gift card as well as six months free retail space at the Archstone Santa Monica on Main apartments for the winner to use as an art gallery for their work.  The total approximate retail value of the prize is $40,000.  The gift card may be subject to additional terms and conditions specified thereon.   The winner will also be required to execute a form of lease for use of the free retail space.  Only one prize per person.

7. Notification of winner. The winner will be notified by phone, email, or in-person.  If the winner does not respond within 14 days of the date appearing on the prize notification, or fails to comply with the instructions contained in the prize notification within that time period, Sponsor reserves the right to choose an alternate winner from the pool of remaining eligible entries based on the criteria set forth in Section 5.  Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner.   The winner may be required to provide evidence of identity in connection with claiming the prize.  In the event of a dispute in connection with the identity of the individual who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail account from which the entry was sent.  The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Multiple entries submitted by the same person will be disqualified.

8. All entries become the property of Sponsor and will not be acknowledged or returned.   Entrants agree that Sponsor shall have a worldwide royalty-free, non-exclusive, fully-transferable right to reproduce, display, publish and otherwise use their entries and their Artwork in any and all media or formats in connection with the advertising, marketing or promotion of the Contest.  Sponsor is not liable for entries or Artworks that are lost, late, misdirected, garbled, incompletely received, mutilated, or illegible, for any reason.  Sponsor reserves the right to modify, extend, suspend or terminate this Contest in it sole discretion with or without cause, and with or without notice.

9. Income and other taxes, if any, on the value of the prize are the sole responsibility of the winner.  Sponsor may issue a Form 1099 to the winner for the approximate retail value of the prize for any prizes of $600 or more.

10. By accepting the prize, winner agrees that Sponsor may use winner’s name and likeness for editorial, advertising and publicity purposes, including without limitation, posting on Sponsor’s website, without further compensation, except where prohibited by law.  By entering and/or by accepting the prize, each entrant agrees to release Sponsor Entities, their affiliates, and any of their directors, officers, employees and agents from any and all liability arising out of his/her participation in this Contest with respect to the awarding, receipt, use and/or misuse of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.  Winner acknowledges that Sponsor does not make any warranties, express or implied, relating to the prize itself and that Sponsor expressly disclaims the implied warranties of merchantability and fitness for a particular use.

11. Entrants represent and warrant that their Artwork is original to them and that it does not infringe or violate any copyright, trademark or other intellectual property right or any privacy or right of publicity of any third party, and is not obscene, defamatory or otherwise in violation of any applicable law.  Entrants agree to defend, indemnify and hold harmless Sponsor Entities from any and all losses, expenses, claims or liabilities arising out of a breach of this representation or warranty.
12. Winners may be required to sign an affidavit of eligibility, a publicity release (where permitted by law), and a liability release, which must be signed and returned within 14 days of the date on the prize notification or the prize will be forfeited and an alternate winner will be chosen.

13. No substitution of prizes, including cash substitutions, will be permitted, except that Sponsor has the right in its sole discretion to substitute a prize of greater or equal value if the stated prize is not available. Prizes are not transferable.

14. Each entrant agrees that he/she shall not upload, post or transmit any materials to the Archstone website which contain any computer viruses, Easter eggs, worms, Trojan horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

15. Sponsor reserves the right to disqualify any entrant found tampering with the entry process or with the operation of the Contest or who violates these Official Rules.  Caution: any attempt by an entrant to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification of such entrant.  Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such participant to the fullest extent of the law, including criminal prosecution.

16. This Contest is subject to all federal, state and local laws and regulations. It is void outside of the State of California and where prohibited.  This Contest is governed by the laws of the State of California, without regard to its choice of law principles.

17. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

18. All trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Contest.

19. For a winner’s list, send a stamped, self-addressed envelope after April 2, 2010: Archstone, Attention: Allison Walentowicz, 4157 Via Marina, 3rd Fl, Marina del Rey, CA 90292.

20. The Sponsor:  Archstone, 9200 East Panorama Circle, #400, Englewood, CO 80112