LOG HOME LIVING
CUSTOM HOME DESIGN GIVEAWAY
AFFIDAVIT OF ELIGIBILITY AND RELEASE
I understand that my entry has been selected to receive from Home Buyer Publications, Inc., d/b/a Log Home Living (“Log Home Living“): (a) design services provided by Jean A. Steinbrecher, A.I.A. of a custom log home with up to three thousand square feet (3,000 sq. ft.) of living space (garage and basement not included); (b) up to two hundred (200) hours of the architect’s (Jean S. Steinbrecher’s) time, which shall include a visit to the building site; (c) (subject to the architect’s time limitation in item b. above) final floorplans, elevations and a computer model of the home (engineered construction drawings are not included); and (d) inclusion in one or more feature articles in Log Home Living magazine (collectively, the “Prize”), as a prize in the Custom Home Design Giveaway. I understand that I must sign and return this Affidavit of Eligibility and Release prior to redeeming the Prize.
I understand that the Prize is not transferable or redeemable. I further understand that any and all local, state, and federal taxes, or other fees, including any engineered construction drawing fees, arising out of or in connection with my winning or using the Prize are my responsibility and not the responsibility of Log Home Living, or its officers, directors, employees, agents, affiliates, subsidiaries, successors, or assigns.
I hereby authorize Log Home Living to record my picture and voice on photographs, films and tapes, to edit these recordings at its discretion, and to incorporate these recordings into print media, software, movie and sound films or tapes, broadcasts (radio and television) programs, or otherwise, and to use and license others to use such recordings, print media, software, movie and sound films and tapes and broadcast programs in any manner or media whatsoever, including unrestricted use for purposes of publicity, advertising and promotion and to use my name, signature, likeness, voice, and biographic or other information in connection therewith. I agree that there were no promises of any compensation for such use by Log Home Living or by anyone associated with the latter, and that Log Home Living exclusively owns all rights to these materials irrespective of the form in which they are produced or used.
I acknowledge that I am 18 years of age or older and a resident of the United States. I warrant that I own land on which I intend to build the home designed for me hereunder, and will use best efforts to work with the architect to complete the design of the home by no later than August 1, 2004. I further acknowledge that neither I, nor any member of my family, is an employee of Log Home Living or its affiliates, subsidiaries, parent company, distributors, judges or agencies, or resides in the same household as any of the foregoing. All designs will remain the property of the architect, who reserves the right to further use and commercialize the design. I waive all rights in the final design, except as to the construction of a single structure based on or substantially similar to the final design, and to use a single copy of the floorplans, elevations, and computer model of the home to build a home implementing or substantially similar to the final design.
I understand that Log Home Living will use commercially reasonable efforts to provide me with the Prize; provided, however, that no failure or omission by Log Home Living shall be deemed a default or create any liability if the same shall arise from any cause or causes beyond the control of Log Home Living including, but not limited to the death or disability of the architect, Jean S. Steinbrecher. I acknowledge and agree that Log Home Living shall not be directly or indirectly liable for, and I agree to indemnify and hold harmless Log Home Living, its licensees, agents, successors and assigns from, any and all claims and liability for damages, losses or expenses of any sort, including personal injury, under any theory whatsoever, arising out of or in connection with the Contest, the Prize and the recordings of me. I understand that any claims with respect to the Prize are a matter solely between me and the architect or builder as the case may be. Further, I understand that my family members residing with me must execute a similar affidavit releasing Log Home Living from all liability concerning the Contest, the Prize and the recordings as related to them. I agree to assist Log Home Living in obtaining the signatures of such family members and to sign on behalf of any such family members under the age of 18.
I understand that this Affidavit of Eligibility and Release is to be interpreted under the laws of the Commonwealth of Virginia.