Please read these rules before before applying on behalf of your child for the Kidbox Kids Board of Directors program. By applying, you agree that you will be bound by these official rules and that you acknowledge that you satisfy all eligibility requirements.
1. CHALLENGE TIMING: The Kids Board of Directors Challenge (the “Challenge”) Application period begins on Tuesday, September 20, 2016 at 12:01 a.m. Eastern Time ("ET") and ends on Thursday, December 15, 2016 at 11:59:59 p.m. ET (the “Application Period”). All eligible entries will be judged based on a predefined judging criteria as later described in these rules to select up to four (4) Kids Board of Directors. The Award winning entries will be announced on or around Friday, December 30, 2016. Application in the Challenge does not constitute application into any other promotion, Challenge or sweepstakes. By participating in the Challenge, each Entrant, as defined below unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of KIDBOX, 20 West 33rd, 3rd Floor, New York, NY 10001 (the “Sponsor” and "Judge"), whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
2. ELIGIBILITY: The Challenge is open only to legal residents of the United States, who reside in the United States at the time of Application and who are between the ages of 6-15 years of age by January 1, 2017 (collectively the "Entrant"). IF UNDER THE AGE OF 13, YOU MUST HAVE OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S APPROVAL PRIOR TO ENTERING. By participating in this Challenge, Entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she and their respective parent or legal guardian meet all the eligibility criteria set forth in these Official Rules; and (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations. LIMIT: You may enter one (1) time per child in this Challenge. Sponsor, Judge, and each of its respective companies, subsidiaries, vendors, advertising and promotion agencies, and any and all other companies associated with the Challenge (collectively, the “Promotion Entities”), and each of their employees and their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor’s database clock will be the timekeeper for this Challenge. This Challenge shall be void where prohibited by law.
3. HOW TO APPLY (“APPLICATION”):
Follow these easy steps to enter:
Does your child dream of being a fashion mogul? Are they entrepreneurs at heart? Do they love doing good for others? If so, then they may have what it takes to join the first ever KIDBOX Kids Board of Directors—an ultimate force for good!
Here is what you will need to register your kid.
A) Complete or download the Challenge registration form located at http://try.kidbox.com/kidsboard. Form must be completed by the Entrant’s parent or legal guardian. If you download the form, you may send the completed form via email to KIDSBOARD@KIDBOX.COM or mail to KIDBOX 20 West 33rd, 3rd Floor, NY, NY 10001.
B) Registration will include an essay (not to exceed 100 words in English) telling KIDBOX about your child.
C) To complete your kid’s registration you will need to produce a video (not to exceed 2-minuts in length). HINT: The Sponsor is looking for creativity and impact—anything that would convince the Sponsor and the world that your child has what it takes to make this world better! The video must be uploaded to YouTube and either a) email the applicable link to KIDSBOARD@KIDBOX.COM or b) Like the Sponsor’s Facebook page and share it on Facebook.com/kidboxfamily.
D) Once you have completed steps A-C your Application will be reviewed for compliance and will be made available to the Judge.
All Entries are subject to verification and approval by the Sponsor. Entries that Sponsor decides, in its sole discretion, do not meet the requirements for the Challenge specified below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of Application other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid Application. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Challenge if fraud, misrepresentation, or technical failures impair the integrity of the Challenge as determined by the Sponsor, in its sole discretion, and to award the Award based on Eligible Entries received prior to the cancellation.
If you opt to access the Challenge via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Challenge. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges or lack of functionality of wireless devices.
Entries must NOT contain:
(a) advertising or commercial content for any party other than KIDBOX or the participating media or promotional partners of the Challenge, if any;
(b) content that endorses/promotes illegal or harmful activity;
(c) violent, profane, vulgar, obscene, defamatory or otherwise objectionable material;
(d) adult material;
(e) any video content identifying any persons i.e. license plates, street address numbers, name tags, etc.
By submitting an Application, Entrants grant Sponsor and/or the participating partners of the Challenge, if any; a perpetual, worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, broadcast, perform, display, or otherwise use the Application with or without modifications, in any form or medium whether now existing or later developed.
Entrant’s Representations: By entering Entrants represent and warrant that the essay and video are Entrant’s original work product and do not infringe the rights of any third party (including but not limited to intellectual property rights such as copyrights and rights of publicity/privacy) and that Entrant has the right to submit it.
Application Notes: Entrants will be able to review his or her Application prior to submission, but once any Application is submitted, Entrant cannot access/revise such Application in any way. Entries made on another’s behalf by commercial Challenge/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Challenge. Tampering with the Application process or the operation of the Challenge 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 an Application cannot be resolved to Sponsor’s satisfaction, the affected Application will be deemed ineligible. By entering, all Entrants participants release and agree to indemnify, defend and hold harmless the Sponsor, Judge and their parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns from and against all claims and damages arising out of or in connection with each Entrant's and Entrant’s child’s participation and/or Application in the Challenge and/or his/her/its receipt or use of the Award awarded in this Challenge.
Sponsor is not responsible for problems downloading or uploading any Challenge-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail, or mailed Application to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Challenge.
4. JUDGING: Entries will be judged based on the following criteria:
5. Kids Board of Directors Benefits (“Benefits”): Only the Benefits listed below will be awarded in this Challenge.
Four (4) Kids Board of Directors Awards will be offered. Sponsor reserves the right to award more than or fewer than four (4) awards (s) if, in Kidbox’s sole discretion, an insufficient number of eligible and/or qualified applications are received: Each winner will become a volunteer member of the KIDBOX Kids Board of Directors. Board members will also be eligible to participate in the following:
Award Notes: All travel arrangements must be made through Sponsor’s agent and on a carrier of Sponsor’s choice. Winner and travel companions (parent or legal guardian) must travel together on the same itinerary and have valid travel documents (e.g., government issued I.D., passport, major credit card, etc.) along with any other travel requirements in order to travel to the Award destination prior to departure, and failure to do so may result in forfeiture of the Award. If in the judgment of Sponsor air travel is not required due to winner’s proximity to the Award location (home address is within 150 miles of NYC), ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion and no compensation will be provided for difference in value, if any. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner and his/her travel companion are solely responsible for satisfying all legally required conditions of travel. Parent or legal guardian must have a major credit card to check in to the hotel. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation or delay or any weather or airline issues that prevent the Award winner and travel companion from traveling, in which event any missed portion of the Award is forfeited in its entirety and no substitution will be provided. All expenses and incidental travel costs associated with Award acceptance and use not expressly stated in the package description above as being provided, including but not limited to, non-Sponsored provided meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport luggage fees, service charges or facility charges, personal charges at lodging, security fees, travel of other type of insurance, taxes or other expenses are the responsibility solely of winner. Board member’s travel companion must be a parent or legal guardian and the parent or legal guardian will be required to execute and return a liability/publicity release. If the winner is a minor, the Award will be awarded in the name of the Parent for the benefit of the minor.
No substitution of an Award is permitted except by Sponsor. If the Award or the Award notification is returned as undeliverable or in the event of any non-compliance with the Official Rules or failure to respond within the applicable time period, the Award with be forfeited. Any forfeited Award may be awarded to the next ranked Application with the highest Judges’ score as determined by the Judges.
All expenses and costs associated with Award acceptance and use not expressly stated in the package description provided herein are the sole responsibility of winner, including all federal, state and local taxes.
6. WINNER NOTIFICATION: Award winners will be notified on or before Tuesday, January 10, 2017. Conduct of the Challenge is under the supervision of the Sponsor. Winner will be notified via email, phone or mail based on the information supplied during the registration process. The Award winner will be required to reply confirming Award winner's e-mail address, full mailing address and phone number within (48) hours of notification. The potential winners and their parent or legal guardian will be required to execute and sign (a) an Affidavit of Eligibility, (b) an Agreement of Publicity (granting Sponsor the right to use the name and image of the winner for advertising and promotion purposes), (c) a liability release, and (d) a form W‑9, Taxpayer Request for Identification, and return each of the properly executed documents to the Sponsor within seven (7) days of attempted notification as a condition of awarding the Award. A potential winner who satisfies all of the Sweepstakes requirements, including without limitation, those set forth in this paragraph, will be designated the official winner (the “Winner”). If any Award Winner or his or her parent or legal guardian fail or refuses to sign and return all Award Claim Documents within seven (7) days of Award notification, the winner may be disqualified and an alternate winner may be selected.
Once eligibility has been verified and the Sponsor receives the Award winner’s requested information, the Sponsor will arrange to award the Award. Award winner must reply with all required information in order to receive their Award.
If a potential Award Winner is unable to participate in or accept the Award or any portion of the Award for any reason, Sponsor will have no further obligation to the potential winner. Award or Award Documents returned as undeliverable will result in forfeiture of Award. Sponsor expressly reserves the right to delay the announcement of the Award Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Award Winners in the event that any potential winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified
7. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Submission of an Application constitutes Entrant’s permission for the Promotion Entities to use Entrant’s Application materials, name, photograph, likeness, voice, conversation, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation, notification or authorization, (except where prohibited by law), and releases the Promotion Entities and Released Parties (as defined below) from all claims arising out of the use of such Attributes. Submission of an Application grants the Sponsor and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such Application in any way, in any and all media, without limitation and without any compensation to the Entrant in perpetuity. Submission of an Application further constitutes the entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the Application, including, without limitation, all copyrights.
8. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the Application process or the operation of the Challenge, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner or which would bring Sponsor into disgrace, or with the intent to disrupt or undermine the legitimate operation of the Challenge, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. LIMITATION OF LIABILITY AND INDEMNITY: Neither Sponsor, Judge, the Promotion Entities or Facebook nor any of their respective parent, subsidiary or affiliated entities or any of their respective shareholders, officers, officers, directors, employees, agents, attorneys, successors and assigns (the “Released Parties”) shall be held responsible for, and Entrant and Award Winners hereby irrevocably release the Released Parties from any claims arising from or in any way relating to: (1) the essay and video submission, including without limit, any claim from misdirection or misdelivery of the Application; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the Application process or the Challenge; (v) electronic or human error which may occur in the administration of the Challenge or the processing of entries; (vi) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Challenge (vii) use of any Award and (viii) the judging process including the outcome of the Challenge.
By participating in the Challenge, all Entrants and Award Winners agree to indemnify, defend and hold harmless Related Parties from any and all damages, claims, and liability (including attorney’s fees and costs) arising out of or relating in any way to Entrant’s and Award Winners participation in Challenge and acceptance or use of any Award and to release all rights to bring any claim, action or proceeding against Released Parties. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or damage of any kind, or any other harm suffered directly or indirectly arising from or in connection with potential Award Winner’s participation in and/or Application into the Challenge or acceptance or use of any Award or, including but not limited to, traveling to, preparing for and/or participating in any Challenge Award-related activity and for any claims based on publicity rights, defamation, invasion of privacy, and Award delivery.
10. DISQUALIFICATION/FORCE MAJEURE: In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Award or continuing with the Challenge as contemplated herein by any event beyond its control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Challenge. If the Challenge is terminated before the designated end date, Sponsor will (if possible) judge all eligible, non-suspect entries received as of the date of the event, giving rise to the termination. Inclusion in such judging shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Award described in these Official Rules will be awarded.
11. DISPUTES: Except where prohibited by law, Entrant AND AWARD WINNERS agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any Award shall be resolved individually, without resort to any form of class action, and exclusively by the state of New York without regard its conflict of laws principles with state New York, and all claims must be resolved in the courts of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant and Award winners hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than 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 the entrant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules (whether of the state of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. THE PARTIES CONSENT TO EXCLUSIVE PERSONAL JURISDICTION IN New York. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. ARBITRATION PROVISION: By participating in this Challenge, each Entrant and Award Winners agree that any and all disputes the entrant may have with, or claims Entrant and Award Winners may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Challenge, (ii) the awarding or redemption of any Award, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location in New York or at such other location as may be agreed by Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Challenge. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. Entrant and Award Winners irrevocably waive all rights to a jury trial.
13. WINNERS LIST: To obtain the name of the winners, send a self-addressed stamped envelope to: The Kids Board of Directors Challenge Winners, Kidbox, 20 West 33rd, 3rd Floor, New York, NY 10001. All such requests must be received by January, 23, 2017.
14. All Entrants and other participants acknowledge that this promotion is not endorsed, sponsored or administered by Facebook and that all information, entries, submissions are being provided to Sponsor and not Facebook.
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