OFFICIAL RULES
NO PURCHASE NECESSARY.
PROMOTION DESCRIPTION:
The 10th Annual U.S. Kids Cover Contest (the “contest”) begins on October 23, 2009 and ends on June 8, (the “contest period”). The contest provides each entrant with the opportunity to submit artwork for consideration, as more fully set forth below. Entry in the contest does not constitute entry into any other U.S. Kids promotion, contest, or sweepstakes. By participating in the contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of U.S. Kids, 1100 Waterway Blvd, Indianapolis, IN 46202 (“sponsor”), which shall be final and binding in all respects.
ELIGIBILITY:
Residents of any country who are ages three (3) to twelve (12) at the time of entry are eligible to enter. Officers, directors and employees of sponsor and its parent, subsidiaries, affiliates, distributors, advertising, and promotion agencies (such individuals and entities collectively, the “promotion entities”), and the immediate family members of and/or people living in the same household as any such officers, directors or employees are NOT eligible to enter the contest or win a prize. This contest is void where prohibited.
HOW TO ENTER:
To enter the contest through a U.S. Kids magazine (Turtle Magazine for Preschool Kids, Humpty Dumpty Magazine, or Jack and Jill, “the magazine”), complete the entry form found in the magazine with the requested information, and create an entry based on the magazine’s theme. Entrants may use the drawing page provided in the magazine, download a drawing page from the U.S. Kids website or their own paper.
To enter the contest via the Internet, visit the U.S. Kids Web site http://www.uskidsmags.com/artcontest (the “Web site”), read these Official Rules, and select the contest from the magazine that is most age-appropriate for your child. Download and print the entry form and drawing page found on the contest page. Create an entry based on the selected magazine’s theme, and complete the entry form with the information requested.
Mail entries and entry forms to U.S. Kids Annual Cover Contest, P.O. Box 567, Indianapolis, IN 46206. Include school photo with the entrant’s name and age written on the back. Submissions become property of U.S. Kids and cannot be returned.
No substitutions or new versions of submission will be accepted under any circumstances once the original submission is submitted for consideration. Any submission that is considered by sponsor in its sole and absolute discretion to be objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Except as otherwise stated in these Official Rules, personal information collected online in connection with this contest will be used in accordance with sponsor’s privacy practices and with the consent given by an entrant at the time of entry Any communication or information transmitted to sponsor and/or the Web site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt of such entry. Sponsor shall have no liability for any submission that is lost, intercepted, or not received by the sponsor for any reason. Tampering with the entry process or the operation of the contest, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted a submission cannot be resolved to sponsor’s satisfaction, the affected submission will be deemed ineligible.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her submission does so at his or her own risk. If sponsor is duly notified that any element of an entrant’s submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected submission from the Web site because of such infringement, such submission may be removed from the Web site and/or disqualified from the contest, as sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless sponsor determines, in its sole and absolute discretion that such entrant’s submission has been or can be sufficiently cleared for legal purposes.
Entries must be postmarked by the end of the promotion period and received by sponsor no later than June 8, 2010. Proof of sending an entry by U.S. Mail is not considered proof of delivery to or receipt by sponsor of such entry. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the contest will be used in accordance with sponsor’s privacy policy, which, for convenience, can be located at http://www.saturdayeveningpost.com/privacy-policy
Limit one (1) entry per person.
WINNER SELECTION AND NOTIFICATION:
Once a submission is mailed to the sponsor, it may be made available for viewing on the Web site by the general public and any such posting will be deemed to have been made at the direction of the entrant. At the end of the submission period, sponsor will judge all eligible submissions entered to select a first-, second-, and third-place winner for each magazine, totaling in nine (9) winners overall. The sponsor in its discretion will make the determination of the winners and such determination will not be subject to challenge or appeal. Each first-, second-, and third-place winner will be notified using the contact information provided at the time of entry. The school’s art department of each first-, second-, and third-place will also be notified using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a winner for any reason. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION:
Each person who enters this contest (and his or her parent or legal guardian) represents and warrants as follows: (i) the submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the submission is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the promotion entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS:
By making a submission or otherwise participating in this contest, each entrant (and his or her parent or legal guardian) hereby irrevocably grants sponsor the non-exclusive right and license (but not the obligation) to reproduce, distribute, publicly perform, display, exhibit, host, cache, store, archive, index, categorize, comment on, transmit, broadcast, stream, edit, alter, modify, make derivative works of, exploit, and otherwise use the submission, in whole or in part, in any and all media throughout the universe in perpetuity, without further notice to, consent from, or payment to the entrant. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the submission for any purpose which sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the submission. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any other person or entity.
PUBLICITY RELEASE:
By participating in the contest, in addition to any other grants which may be granted in any other agreement entered into between sponsor and any entrant in or winner of the contest, each entrant (and his or her parent or legal guardian) irrevocably grants the promotion entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and submission, and any individual(s) described therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Web site or the contest or other promotions, and hereby release the promotion entities from any liability with respect thereto.
PRIZES/ODDS:
At least three (3) prizes are available for individuals. First place consists of: winner’s artwork featured on the cover of their magazine and/or on the USKidsmags.com Web site, one (1) Mission: Renaissance The Art of Drawing for Kids DVD at a $100 value, and ten (10) b.dazzle Color ‘n Seek posters with hidden pictures and non-toxic markers at a $80 value. Second place consists of: winner’s artwork featured in the pages of their magazine and/or on the USKidsmags.com Web site, one (1) Mission: Renaissance The Art of Drawing for Kids DVD at a $100 value, and ten (10) b.dazzle Color ‘n Seek posters with hidden pictures and non-toxic markers at a $80 value. Third place consists of: winner’s artwork featured in the pages of their magazine and/or on the USKidsmags.com Web site, one (1) Mission: Renaissance The Art of Drawing for Kids DVD at a $100 value, and ten (10) b.dazzle Color ‘n Seek posters with hidden pictures and non-toxic markers at a $80 value. No cash alternative or substitution of prizes will be allowed. At least one (1) prize is available for the art department of each winner’s school. First place consists of: a $1,500.00 check written to the school’s art department. Second place consists of: a $1,000.00 check written to the school’s art department. Third place consists of: a $500.00 check written to the school’s art department. Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
GENERAL PRIZE CONDITIONS:
Prizes will be awarded only if the potential prizewinner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, and print advertising, promotional packaging, and other contest materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by sponsor in its sole discretion. Each prizewinner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If required by law, sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. With respect to non-cash prizes, it may be necessary under the US Internal Revenue Code and/or the California Revenue and Taxation Code or other applicable tax law (as determined by sponsor in its sole discretion) for the applicable prizewinner to pay the amount of any tax before receiving the prize. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). Because the winner is a minor, the applicable prize either will be awarded in the name of the parent or legal guardian, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. The winner may be required to execute additional liability and likeness releases in connection with prize activities in order to redeem prize(s).
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
NO OBLIGATION TO USE:
Sponsor shall have no obligation (express or implied) to use any submission, or to otherwise exploit any submission or, if commenced, to continue the distribution or exploitation thereof, and sponsor may at any time abandon the use of the any submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS:
Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the contest. Sponsor cannot accurately predict the number of entrants who will participate in the contest.
GOVERNING LAW/JURISDICTION:
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF INDIANA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNER’S LIST/OFFICIAL RULES:
To obtain a copy of these Official Rules by mail, please send a self-addressed stamped envelope to: U.S. Kids Annual Cover Contest Official Rules Request, 1100 Waterway Blvd, Indianapolis, IN 46202. All such requests must be received by the end of the contest period. These Official Rules will also be posted on the Web site during the contest period.
