NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Open to legal U.S. residents who are 18 years of age or older or the age of majority in their state, whichever is greater, and who are the parent/legal guardian of a child of the developmental age between two and seven years, and who reside in the 48 contiguous United States and the District of Columbia. Employees, officers and directors of PBS KIDS Sprout ("Sprout"), Children’s Network, LLC ("Sponsor") and its parent companies, subsidiaries, affiliates, TV production partners, advertising agencies, promotional suppliers, any agencies or other individuals engaged in the development or implementation of this contest and the immediate family members (spouses and parents, children and siblings and their respective spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals (collectively, "Contest Entities") are not eligible. All applicable federal, state, and local rules apply. Void where prohibited or restricted by law. Residents of Alaska, Hawaii and Puerto Rico are not eligible to win. Many will enter, few will win.
2. CONTEST DESCRIPTION: The Entry Submission Period for Sprout's Kindest Kid Contest ("Contest") begins at 6:00AM AM Eastern Time ("ET) on September 6, 2013 and ends at 11:59 PM ET on September 30, 2013 ("Entry Submission Period"). The Contest provides an opportunity for entrants to submit a short essay describing how their child between the ages of two and seven years has shown kindness in his/her community or beyond. The essay must be accompanied by a photo of the child you are entering in the Contest (essay and photo together constitute a "Contest Entry"). The Contest Entries will be judged according to the judging criteria described in Section 5 to determine one Grand Prize and three Runner-Up Prize winners. See Section 6 for complete prize details.
3. HOW TO ENTER: Visit www.sproutonline.com/kindness-counts/kindest-kid during the Entry Submission Period to access the Contest entry page. Complete the online entry form, being sure to include your essay of 250 words or less, then upload your photo as directed. Submit your Contest Entry so that it is received by Sponsor's server by 11:59 PM ET on September 30, 2013. Refer to Section 4 for more details regarding the requirements for your Contest Entry. You may only enter once for each child. Duplicate entries will be void; incomplete entries will be disqualified. For the avoidance of doubt, entrant must own or have the right to convey any and all right, title and interest in and to the Contest Entry. Submitting a Contest Entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
4. ENTRY REQUIREMENTS: Essays must be written in English and must be 250 words or less. Photos may be color or black and white, must be submitted in .jpeg/.jpg, .gif, .png, or .bmp format, and must be ten (10) Mb or less in file size. Contest Entries may not contain any copyrighted elements other than elements owned by the entrant or by Sponsor. Any elements that appear in a Contest Entry, including, without limitation, logos, images, or other materials used must be either: [a] entirely original, created by the entrant; [b] property of the Sponsor; or [c] in the public domain. Use of any other elements will result in disqualification of a Contest Entry, in the Sponsor's sole discretion. Contest Entries must not contain personally identifiable information such as last names, addresses, phone numbers, screen names, email addresses, etc. Entrants must not engage in any violent, dangerous, or illegal behavior in creating a Contest Entry. Contest Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote violence. Contest Entries must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Contest Entries that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of the Contest. Contest Entries that are deemed by Sponsor in its sole discretion to be immoral, obscene, profane or NOT IN KEEPING WITH SPONSOR'S IMAGE WILL BE DISQUALIFIED.
5. ENTRANT'S REPRESENTATIONS: By submitting a Contest Entry, you represent and warrant that [a] you are the creator of the Contest Entry, [b] the Contest Entry is wholly original (apart from any allowable public domain or Sponsor-owned elements), [c] the Contest Entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, [d] the Contest Entry has not previously been entered in any other contest, [e] the Contest Entry has not been previously published in any medium, and [f] you own all rights to your Contest Entry (excluding any allowable public domain or Sponsor-owned elements). If persons other than you appear in the photo, you must have their written consent to submit the photo in the Contest. If a person appearing in the photo is a minor, you must have the written consent of the minor's parent/legal guardian to submit the photo in the Contest. Further, if the submitted photo was taken by anyone other than you, you represent and warrant that such person(s) have granted you all rights to the Photo. By entering, you agree to give copies of all such written permissions to the Sponsor upon request. Sponsor's determination as to whether any Contest Entry potentially violates the rights of any third party is final. By entering, entrant agrees to indemnify and hold harmless Releasees (as defined below) from any action or liability resulting from the publishing of his/her entry and/or use of the entry as otherwise permitted by these rules.
6. RIGHTS TO CONTEST ENTRIES: Contest Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned, nor will any correspondence about entries will be entered into. By submitting a Contest Entry, you grant the Sponsor and its affiliated companies the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Contest Entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. You agree that, upon request by the Sponsor, you will sign a copyright assignment and provide a digital copy of your Contest Entry in native resolution. By submitting a Contest Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined below), or any other person or entity, on the grounds that any use of the Contest Entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that unless your Contest Entry is chosen as a winner, the Sponsor is in no way obligated to broadcast, publish or use your Contest Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
7. ENTRY JUDGING/FINALIST SELECTION: All qualified Contest Entries will be preliminarily judged by an independent, qualified judging organization, based on the following Judging Criteria:
- Impact the child’s kind act had on the community or beyond (30% of total score)
- Inspirational value to motivate others (30% of total score)
- Uniqueness of kind act (20% of total score)
- Sincerity/credibility (20% of total score)
The twenty-five (25) entries that receive the highest cumulative scores will be deemed Semi-Finalist entries and will be forwarded to a panel of judges from Sprout who will judge the Semi-Finalist entries based on the impact of the act of kindness had on the community and the inspirational value of the act of kindness to motivate others, to determine four (4) Finalists.
In the event of a tie at any level, a tie-breaking judge will make the final decision. The judges' decisions are final and binding. If the event that an insufficient number of qualified entries is received for the Contest, the judges may choose fewer than twenty-five (25) Semi-Finalists and/or fewer than four (4) Finalists.
8. FINALIST NOTIFICATION: Each potential Finalist will be notified by phone and by email and will be required to complete and return, within two (2) days of receipt, an affidavit of eligibility, release of liability and, if legally permissible, publicity form and/or other paperwork as required by Sponsor. Inability to contact a potential Finalist within two (2) days from the first attempted notification and/or the return of any documentation as undeliverable will result in selection of the next highest scoring entrant.
9. FINALIST FILMING: Once all Finalists have been verified, the Sponsor will arrange with each Finalist to visit his/her home and to create and film a short video featuring the Finalist’s child and his/her kind act that was featured in the Contest Entry. The Sponsor will then post the videos at for public viewing and voting at Sprout’s website.
Each Finalist will be required to provide written consent for him/herself and his/her child to be filmed and to permit the live and/or recorded broadcast, publication, or other use of said film footage, in whole or in part, by Sponsor, and those acting on its behalf, for advertising or commercial purpose, worldwide without limitation and without additional compensation. Each Finalist agrees to grant Sponsor the results and proceeds of the film footage (hereunder “Materials”) with the right for the full period of copyright, including all extensions and renewals thereof, and thereafter in perpetuity, throughout the world, to use and re-use all or any part of the Materials for the purpose of making and producing television programs and other works, and advertising, publicizing and exploiting the same, by all means and in all media, whether now known or hereafter devised, and to authorize others to do so. Neither a Finalist, his/her child, nor any other party now or hereafter having an interest in the Materials shall have any right or action against Sponsor or any Promotion Entities or any other party arising out of any use of said Materials. Each Finalist further agrees that Sponsor may elect, in its sole discretion, to not use the Materials or to use only a portion of the Materials. The requirements of this section are void where prohibited by law.
10. VIEWER VOTING: From November 27, 2013 through December 17, 2013, members of the public who are fourteen (14) years of age or older (the “Voters”) are invited to go to the Website to vote on the Finalist videos posted at the Contest website www.sproutonline.com/kindness-counts/kindest-kid Voters will be asked to select the video that in their opinion shows the kindest kid. The Finalist whose video receives the highest number of votes will be declared the Contest’s (potential) Grand Prize Winner. The Finalist who receives the second highest number of votes will be declared the Contest’s First Prize winner; the Finalist who receives the third highest number of votes will be declared the Contest’s Second Prize winner; The Finalist who receives the fourth highest number of votes will be declared the Contest’s Third Prize winner. In the event of a tie in the Viewer Voting, the tie-breaking judge will make the final decision as to which video shows the kindest kid, at his/her sole discretion.
Limit one vote per person/email address per day of the Public Voting Period. Only votes submitted via the Contest website in accordance with these Official Rules during the Viewer Voting Period will be considered. Voters using multiple email addresses will be immediately disqualified and forbidden from future voting. Voting using assistance of any kind including mechanical, form filling or other software or robotic or automated assistance with regard to all or any part of the voting process is not allowed, and these votes will be disqualified. Any individual who, at the sole determination of the Sponsor, abuses the voting process in any way will be disqualified from participating in the Contest. Registered users of Sproutonline.com will have the option to share their vote through social media outlets and/or via email. Non registered users will not have that option.
Notwithstanding any other provision of these Rules, if at any time during the Submission Period, the Judging or the Viewer Voting or at any time thereafter, the Sponsor determines that not enough or no eligible entrants exist from which to determine Semi-Finalists, Finalists or a winner, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible contestants exist, and then may either suspend or terminate the Contest or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these rules.
For each eligible vote that is cast during the Public Voting Period, the Sponsor will donate $1 to Kids In Distressed Situations (K.I.D.S.) (“Sponsor-selected charity”), up to a maximum of $25,000.
One (1) Grand Prize: a $5,000 donation in the winner’s name to K.I.D.S. and a trip for the winner and his/her child to Philadelphia to be Sprout’s Chief Kindness Officer for a day.
One (1) First Prize: a $2,500 donation in the winner’s name to K.I.D.S. and a Sprout gift basket valued at approximately $100.00.
One (1) Second Prize: a $1,500 donation in the winner’s name to K.I.D.S. and a Sprout gift basket valued at approximately $100.00.
One (1) Third Prize: a $1,000 donation in the winner’s name to K.I.D.S. and a Sprout gift basket valued at approximately $100.00.
The donations will be made by the Sponsor to K.I.D.S. in the name of the winner. The winner will not be entitled to any tax gain or benefit on the total value of the donation made by the Sponsor or liable for taxes (if any) imposed on said donation.
No prize transfer or cash redemption. No prize substitution, in whole or in part, except by Sponsor due to prize unavailability, safety or security considerations, or any other reason as solely determined by Sponsor in which case a prize of comparable or greater value will be awarded.
12: WINNER ANNOUNCEMENT: The winners will be announced on or about December 20, 2013 during the TODAY show on NBC and will be shared through social media by Sprout.
13. GRAND PRIZE TRIP DESCRIPTION: The Grand Prize trip consists of one way coach air travel to New York, NY, from a major commercial airport near winner's residence (as determined by Sponsor) for winner, winner’s child, and up to two (2) guests and one way return coach air travel from Philadelphia PA to a major commercial airport near winner's residence; one quad occupancy hotel for one (1) night in New York City, roundtrip airport SUV transfer in New York; America breakfast at hotel; and a visit to the set of the TODAY show. Train travel from New York, NY to Philadelphia, PA for winner, winner's child, and up to two (2) guests; one quad occupancy hotel for two (2) nights in Philadelphia, roundtrip airport SUV transfer in Philadelphia; daily America breakfast at hotel; visit to the Sprout’s corporate headquarters and a on-air appearance on Sprout during the live Kindest Kid Countdown that will take place on December 21, 2013. Total ARV of Grand Prize is $4,500. All expenses not specified are winner’s responsibility. Actual value will be determined by winner's residence and seasonal rates. Travel and accommodations are subject to availability and certain restrictions; blackout dates may apply. Air carriers, hotels and other transportation selected by Sponsor. Trip must be taken on dates specified by Sponsor in potential winner’s notification letter (or other communication), or prize will be forfeited in its entirety. Winner, winner’s child, and guests must travel on the same itinerary and are responsible for obtaining all necessary travel documents. Travelers are responsible for any travel insurance. All other costs and expenses associated with prize acceptance and use not specified herein as being provided, including transportation, luggage fees, meals, souvenirs, and gratuities, are the sole responsibility of the winner.
Winner's guest(s), or a parent/legal guardian if guest is under the age of 18, must complete and return a notarized liability/publicity release prior to issuance of travel documents. By accepting the Grand Prize, the winner and his/her guest(s) represent that they understand that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. Grand Prize winner and his/her guest represent that they recognize that such risks may be present at any time before, during and after the trip. In order to be considered the winner and partake of the enjoyment of this trip, the winner and his/her guest(s) must be willing to accept the risk, and to confirm their acceptance to such risk in writing at Sponsor's request.
14. GENERAL: All taxes on prizes and expenses relating to acceptance and use of prizes and not specified are the sole responsibility of winners. By participating, entrants (and entrant's parent/legal guardian, if entrant is a minor in his/her jurisdiction of residence) agree [a] to these rules and decisions of Sponsor and Administrator which shall be final and binding in all respects and in all matters relating to this Promotion; [b] to hereby release, discharge, indemnify and agree to hold harmless Contest Entities and all of their respective parents, affiliates, subsidiaries, agencies, advertising and promotion agencies, and all of their respective employees, officers, directors, agents and representatives (individually and collectively "Releasees") from any liability or responsibility whatsoever for any claims, costs, injuries, losses or damages (whether due to negligence or otherwise) of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss of or destruction of property), arising out of or in connection with the Promotion or from their acceptance, possession, use or misuse of any prize, or participation in the Contest or any Contest related activity; [c] to grant the Sponsor (not withstanding anything else in these Rules) a license to reproduce and use entry materials for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to use, publish, or otherwise exploit any entry materials (whether altered, changed, modified, edited, used alone, together or with other works and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for any trade, advertising, publicity and promotional purpose without notice, review or approval; and [d] if a winner to the announcement/use of name, voice, image and/or likeness for trade, advertising, publicity and promotional purposes without additional compensation (unless prohibited by law) by Sponsor and those acting pursuant to Sponsor's direction, in all media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web, without notice, review or approval and agrees to execute specific consent to such use if asked to do so. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. Releasees are not responsible and shall not be liable for: [a] telephone, electronic, hardware or software, program, network, Internet or computer malfunction, technical errors or by any human error which may occur, or any error in the processing of entries, or the incorrect or inaccurate capture of entry, or other information, or the failure to capture, or loss of, any information; [b] failed, incomplete, garbled, corrupted or delayed computer transmissions, or internet or Web site accessibility or availability; [c] lost, late, misdirected, mutilated, incomplete or illegible entries or email or [d] any condition caused by events that may cause the Promotion to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the Promotion or any portion thereof should computer hardware or software malfunctions (such as but not limited to virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures) or any other causes corrupt the administration, security or proper play of the Contest, and select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. Entry materials will be deemed a Work Made For Hire under the Copyright laws of the United States, but if winner's entry materials cannot be so deemed, then winner agrees to irrevocably sell, assign and transfer to Sponsor all of his/her rights, title and interest in and to the entry materials, including all copyrights (including but not limited to renewal, derivative rights), in the United States and worldwide, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Winners (and winner's parent/legal guardian if winner is a minor in his/her jurisdiction of residence) hereby waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that the winner may nor or later have in the entry materials. Sponsor reserves the right to alter, change or modify any of the winning stated materials, in its sole discretion. Upon the request of Sponsor, winner shall execute and deliver such additional instrument of sale, transfer and assignment, in a form deemed necessary and as may be solely determined by Sponsor. Sponsor's failure to request such an assignment shall not be deemed a waiver of the right to request the assignment at any time, and winner agrees to comply with any such request.
15. ADDITIONAL CONDITIONS: Releases are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or technical error or programming error or unauthorized access to the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or Web site; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party or like entry methods, will disqualify all entries using such methods. Entry information and entries become property of Sponsor. No more than the stated number of prizes will be awarded. In case of dispute, entries will be declared made by the authorized account holder of the email address used to participate at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.sproutonline.com/kindness-counts/kindest-kid OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
16. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants (and entrant's parent/legal guardian if entrant is a minor) agree that: [a] any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and [b] any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' fees; and [c] under no circumstances will entrant be permitted to obtain awards for 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Releasees in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of any jurisdiction, and all proceedings shall take place in State of New York.
17. WINNER LIST: To receive a list of winners, mail a self-addressed, stamped envelope to be received by December 31, 2013, to: Sprout's Kindest Kid Contest Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750.
SPONSOR: Children's Network, LLC, P.O. Box 288, Fort Washington, PA 19034.
© 2013 Children's Network, LLC. All rights reserved.