HOMER FUND: Homer bobble head DESIGN CONTEST GUIDELINES

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1 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 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 to Homer_Fund@HomeDepot.com or by fax to (770) 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 The winner s name and Home Depot location will be printed on the back of the bobble head. Key Dates Contest Begins Contest Ends Monday, May 20, 2013, 8 am Eastern] Friday, June 14, :00pm Eastern Winner Announcement On or around Friday, June 24, 2013 Contact Homer_Fund@HomeDepot.com Phone: , ext

2 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, 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 15 th anniversary.

3 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 15 th anniversary. SEND COMPLETED FORMS VIA: Homer_Fund@HomeDepot.com (Scan entry form and attach to the ) OR FAX: (770)

4 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) (b) be 18 years of age or older; 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, 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.

5 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,

6 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.

7 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