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ELIGIBILITY: Open to legal U.S. residents who are 18 years of age
or older and who are the parent/legal guardian of a child between the ages of two
and six. Parent/legal guardian will be entering on behalf of his/her child. Employees,
officers and directors of PBS KIDS Sprout, an entity of Children’s Network, LLC
(“Sprout”) and Lions Gate Entertainment Corp., (collectively, “Sponsor”) and each
of their respective parent and/or member companies, subsidiaries, affiliates, TV
production partners, advertising agencies, promotional suppliers (including without
limitation, The Promotional Edge), any agencies or other individuals engaged in
the development or implementation of the contest and the immediate family members
(spouses and parents, children and siblings and their 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.
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PROGRAM DESCRIPTION: Sprout’s “We Heart Your Videos” Contest
(the "Contest"), which begins at 5:00 PM Eastern Time (“ET”) on January 15, 2009
and ends at 9:00 AM ET on February 16, 2009 (“Contest Period”), provides parents/legal
guardians of children between the ages of two and six (“Entrant”) an opportunity
to create a video that shows their child between the ages of two and six doing something
he/she loves to do, such as singing, dancing, making a craft or going on an adventure
(“Video”). The Video should be the Entrant’s original expression, in audio-visual
form, made by the Entrant of the Entrant’s child. A Contest entry shall consist
of the Contest entry information form accurately completed by the Entrant, together
with an original Video that complies with these Official Rules.
The Video must be in digital format that meets the requirements for upload specified
below and at the Contest Website, may not exceed 100 MB in size if uploaded on SproutOnline,
and must constitute original work. Video entries are also accepted by mail with
signed submission form, available on Sprout Online. Entrant must have all exclusive
rights over all aspects of the Video. Videos must be submitted in English and may
not use any commercially copyrighted music or images. If anyone other than the Entrant
and/or the Entrant’s child appears in the Video, the Entrant must know the names
and addresses of all identifiable persons and must have permission in writing from
those persons to submit the Video.
By participating in the Contest, each Entrant unconditionally accepts and agrees
to comply with and abide by these Official Rules and the decisions of the Sponsor
and judges, which shall be final and binding in all respects.
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TO ENTER THE CONTEST: Make a Video of your child between the ages
of two and six that shows the child doing something he/she loves to do, such as
singing, dancing, making a craft, blowing bubbles or going on an adventure. Visit
http://www.sproutonline.com/sprout/stunt/videocontest.aspx
during the Contest Period and follow the directions to access the official Contest
entry information form. Provide all the information required and upload your Video
in accordance with the instructions posted at Web site. Videos must be received
by Sponsor’s server by 9:00 AM ET on February 16, 2009. Sponsor’s server is the
official clock for this Contest. Video entries will also be accepted by mail, with
signed submission form available on Sprout Online, to: PBS KIDS Sprout, Attention
Dept SS, PO Box 9303, Bridgeport, NJ 08014, Attention: Sprout’s Sharing Show. See
submission form for complete details. There is no limit on the number of Videos
an Entrant may submit, however each Video must be different, must be submitted separately
and must meet all entry requirements. One winner per household.
Videos may not exceed 100 MB in size if uploaded onto Sprout Online and must only
be in one of the following formats: MOV, MPEG, MPG, MP4, WMV. It is recommended
that a video be at least one minute in play time length for best use on Sprout.
If a Video is unable to be viewed by the Sponsor and its agents for any reason whatsoever,
that Video shall be disqualified (and Contest Entities will not be responsible or
liable for any such inability).
By submitting an entry, Entrant agrees Sponsor shall own the entry submitted (including
all rights embodied therein) and that it and its designees may exploit, edit, modify,
and distribute the entry and all elements of such entry, in any and all media (including
on www.Sproutonline.com for online voting) now known or not currently known, throughout
the world in perpetuity without compensation, permission or notification to entrant
or any third party. Once submitted, Videos become the sole property of Sponsor.
No correspondence about the Contest will be entered into nor will Videos be acknowledged
or returned. By submitting an entry, Entrant agrees Sponsor shall own the entry
submitted (including all rights embodied therein) and that it and its designees
may exploit, edit, modify, exhibit and distribute the entry and all elements of
such entry, in any and all media (including on www.Sproutonline.com for online voting)
now known or not currently known, throughout the world in perpetuity without compensation,
permission or notification to Entrant or any third party. Entrants further warrant
and represent (a) that Entrant’s entry Video does not violate any law or regulation,
(b) that Entrant’s entry Video does not violate or infringe any right, of any third
party, including but not limited to intellectual property rights, such as but not
limited to, rights of copyright, trademark or patent, or rights of publicity and/or
privacy, and is not defamatory, slanderous or libelous or portray any person in
a false light, (c) that Entrant’s entry Video is Entrant’s own original work and
that she owns or controls all right, title and interest in the Video, including
but not limited to its copyright, (d) that the entry Video has not been accepted
for previous publication or submitted in any other competition or contest, (e) that
the Video does not contain any virus, bugs, or other deleterious material, and (f)
that the Entrant has followed these Official Rules. Videos cannot contain, among
other things, the trademark, trade name or logo of any third party, and cannot contain
any material that is protected by copyright.
Any Entrant may be required to obtain written permission and/or provide releases,
as solely determined by Sponsor to post the Video and/or to otherwise use the Video
in accordance with the requirements of this Contest, and the advertising, promotion,
and publicity of this Contest, and Official Rules. The form of any such permission
or release will be as solely determined by, or acceptable to Sponsor. Failure by
Sponsor to request such permission(s) and/or release (s) is not a waiver of Sponsor’s
right to require same, and Entrant (and Entrant’s parent/legal guardian if Entrant
is a minor) acknowledges that failure to comply with any such request may cause
disqualification. By entering, Entrant agrees to indemnify and hold harmless Contest
Entities from any action or liability resulting from the publishing of his/her Video
and/or use of the Video as otherwise permitted by these rules.
Sponsor reserves the right in its sole discretion to disqualify any Video, at any
time, if it is determined, in the Sponsor’s sole discretion that the Video is not
appropriate, or, that the Entrant has not complied with these Official Rules.
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CONTEST JUDGING/DETERMINATION OF WINNERS: Videos will be judged
by Sprout staff and production team members to determine the five (5) top-scoring
Videos, which will be named “Picks-of the Day” winners. Videos will be judged based
on the following criteria: creativity and originality of presentation, photogenic
quality of child, and personality of child as expressed through the Video, with
equal weight given to each criterion. In the event of a tie, the tie will be broken
by the highest creativity/originality score.
Each day from March 2, 2009 through March 6, 2009, one of the “Picks-of-the-Day”
winners will be announced between 2:45pm and 3:30pm ET followed by an on-air screening
of the video submitted by such Pick-of-the-Day winner. On March 6, 2009, the Grand
Prize winner (which is also Friday’s “Pick-of-the-Day” winner) will be announced
between 2:45pm and 3:30pm ET.
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PRIZES: One (1) Grand Prize – a trip for four people to see the
live musical adventure, Thomas and Friends Live! On Stage: A Circus Comes to Town.
Location and date of the event will be determined by the Sponsor, in its sole
discretion, based on the closest tour stop to the winner’s residence and the 2009
Thomas and Friends Live! tour schedule. The winner will receive
four tickets to the Thomas and Friends Live! event selected by the Sponsor and $3,700
to be used by the winner to secure necessary transportation and accommodations to
attend Thomas and Friends Live!. Total approximate retail value of Grand Prize is
$3,900. Grand Prize winner will be required to complete an affidavit of eligibility,
a liability release and (where legal) a publicity release, which must be returned
within time period specified in notification letter or an alternate winner may be
selected. Each guest (or parent or legal guardian of guest if guest is a minor)
must complete a liability/publicity release prior to issuance of travel documents.
Details regarding upcoming dates and locations for the Thomas and Friends Live!
event can be found at http://www.thomasandfriends.com/usa/news_live.asp)
Five (5) Picks-of-the-Day Prizes, each consisting of a Sprout prize package valued
at approximately $100. Prize package may include a Thomas DVD and Sprout
items. Exact details of Sponsor gift basket are at the sole discretion of Sponsor.
Picks-of-the-Day Prizes will be sent within 10 weeks of the end of the Contest period.
Winners will be notified by email, phone, postal mail and/or express mail at Sponsor’s
sole discretion. No prize transfer or cash redemption. No prize substitution, in
whole or in part, except by Sponsor due to prize unavailability or any other reason
as solely determined by Sponsor, in which case a prize of comparable or greater
value will be awarded.
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GENERAL: Taxes on prizes and all expenses related to acceptance
and use of prize are the sole responsibility of winners. Tax implications are based
on the actual value of the prize. Entrants agree to grant Sponsor: [a] all rights
of ownership, reproduction and use of Video 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 assign,
use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display,
copyright, create derivative works or otherwise exploit entries, for commercial
or non-commercial use; [b] to release, discharge, and hold harmless Sponsors, and
each of their parent and/or member companies, subsidiaries, affiliates, TV production
partners, advertising agencies and promotional suppliers, and each of their respective
directors, officers, shareholders, agents, and employees (collectively, “Releasees”)
from any and all injuries, liability, losses, and damages of any kind resulting
(including, without limitation, personal injury, death, and property damage, and
claims based on publicity rights, copyright, trademark, defamation, or invasion
of privacy), in whole or in part, directly or indirectly, from their participating
in the Contest or their acceptance, use, possession or misuse of any awarded prize
(including any travel related hereto) or Released Parties’ use of any of the rights
granted herein or any use of entry submitted; and if a winner, [c] to permit Contest
Entities to use his/her name, Entrant’s child’s name, photograph, likeness, Video,
biographical information, voice, voice likeness, and city and state address for
advertising, publicity and promotional purposes in all media, including but not
limited to within Sponsor's website, in perpetuity, without compensation (unless
prohibited by law) and agree to execute specific consent to such use upon request.
Contest Entities are not responsible for and shall not be liable for: [a] any telecast,
cable or telephone malfunctions, human error, satellite transmission failures, or
delayed telecasts; [b] electronic, hardware or software program, network, Internet
or computer malfunctions, failures, or difficulties of any kind, including without
limitation, server malfunction or by any human error which may occur 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 such information; [c] failed, incomplete,
garbled or delayed computer transmissions; [d] late, lost, misdirected or incomplete
entries; or [e] any condition caused by events beyond the control of the Sponsor
that may cause the promotion to be disrupted or corrupted. Sponsor reserves the
right in its sole discretion to cancel, terminate, modify or suspend the Contest
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 conduct of the Contest, and select the winners from entry Videos received
prior to the action taken or in such other manner as deemed fair and appropriate
by Sponsor. Contest Entities are also not responsible for any incorrect or inaccurate
information, whether caused by site users, tampering, hacking, or by any equipment
or programming associated with or utilized in the Contest. Contest Entities are
not responsible for injury or damage to participants' or to any other person's computer
related to or resulting from participating in this Contest or downloading materials
from or use of the web site. Persons who tamper with or abuse any aspect of the
Contest or website or who are in violation of these Official Rules or who attempt
to undermine the legitimate operation of the Contest by cheating, deception or other
unfair playing practices, or intend to annoy, abuse, threaten or harass any other
entrant or Sponsors’ representatives, as solely determined by Sponsors, will be
disqualified and all associated entries will be void. ANY ATTEMPT TO DELIBERATELY
UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL
AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL
TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Should any portion
of the Contest be, in Sponsors’ sole opinion, compromised by virus, worms, bugs,
non-authorized human intervention or other causes which, in the sole opinion of
the Sponsors, corrupt or impair the administration, security, fairness or proper
play, or submission of entries, Sponsors reserves the right at its sole discretion
to suspend, modify or terminate the Contest and, if terminated, at its discretion,
award the prizes from all eligible, non-suspect entries received prior to action
taken using judging procedure specified above.
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ADDITIONAL CONDITIONS: Internet entry must be made by the Entrant
only at the authorized web site address of www.sproutonline.com/sprout/stunt/videocontest.aspx
or by mail, with signed submission form available on Sprout Online, to: PBS KIDS
Sprout, Attention Dept SS, PO Box 9303, Bridgeport, NJ 08014, Attention: Sprout’s
Sharing Show. Entries may not be made by any other individual or any entity, and/or
originating at any other Internet website or e-mail address, including but not limited
to commercial contest and sweepstakes subscription notification and/or entering
service sites. Any person who enters by any of the methods described above will
be disqualified. Any use of robotic, automatic, macro, programmed or like judging
methods, will disqualify all votes using such methods. Contest Entities 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 Contest 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 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 Contest or Web site; to be acting in violation of the Official Rules; to
be acting in violation of the terms of the Web site, or to be acting in a non- sportsmanlike
or disruptive manner, or with intent to annoy, abuse, threaten or harass any other
person. In case of dispute, the authorized subscriber of email account used to enter
Contest, or vote in Contest, at actual time of entry or of voting, will be deemed
to be participant and must comply with these Official Rules. Authorized account
subscriber is deemed to be natural person who is assigned an email address by an
Internet Access Provider, online service provider, or other organization that is
responsible for assigning email addresses. CAUTION: ANY ATTEMPT BY AN ENTRANT
TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE
PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT
BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION/CHOICE OF LAW: Except where prohibited, Entrants agree
that: (a) any and all disputes, claims, and causes of action arising out of or connected
with this Contest, or any prize awarded, or the determination of the winner, 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
Contest 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 Sponsor in connection with the Contest, shall be governed by,
and construed in accordance with, the laws of the State of New Jersey, with jurisdiction
and venue in Gloucester County, New Jersey, without regard for conflicts of law
doctrine, and all proceedings shall take place in the courts of Gloucester County,
New Jersey.
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USE OF ENTRY INFORMATION: The collection and use of entrant information
will be governed by the on-line privacy policy of PBS KIDS Sprout, available for
viewing at http://www.sproutonline.com/sprout/Info/PrivacyPolicy.aspx.
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WINNER LIST: For a list of winners, mail a self-addressed, stamped
envelope to be received by March 31, 2009 to: “We Heart Your Videos” Contest Winner
List, PMI Station, PO Box 750, Southbury, CT 06488-0750.
Sponsor: PBS KIDS Sprout, P.O. Box 9303, Bridgeport, NJ 08014