Official Kidizen Contest Rules
The following rules (these “Rules”) are the Official Rules of a Contest (as defined below) sponsored by Kidizen, Inc., a Delaware corporation (“Sponsor”).
For purposes of these Rules, the following terms have the following meanings:
“Contest” means a giveaway, sweepstakes or similar contest described in a Contest Notice, which Contest Notice (or similar communications from Sponsor) provides that such giveaway, sweepstakes or contest will be governed by these Rules.
“Contest Notice” means an email, posting at www.kidizen.com (or a subpage thereof) or on a social media website (such as Facebook or Instagram) or a similar message or written communication sent or made available by Sponsor to users of the Kidizen mobile application or others notifying such users and others of the opportunity to enter into or otherwise participate in a Contest.
A “participant”, “you” or “your” means any one that enters into a Contest in accordance with a Contest Notice and these Rules.
Information, terms or conditions set forth in a Contest Notice for a given Contest is intended to supplement these Rules with respect to such Contest in shall (to the extent constituting terms and conditions) be binding on participants. In the event of any conflict between any terms and conditions set forth in a Contest Notice and these Rules, the terms and conditions set forth in the Contest Notice shall control. In the event that a Contest Notice does not specify applicable information contemplated by these Rules, or any ambiguity exists in the interpretation of a Contest Notice and these Rules, such missing information or ambiguity shall be determined or resolved by Sponsor in its sole discretion.
1) ENTRY PERIOD: The entry period (the “Entry Period”) for the Contest is as described in the Contest Notice. Entries that are submitted before the Entry Period will be disqualified. Submissions will be accepted only if made in compliance with Section 3 below.
2) ELIGIBILITY: The Contest is open only to persons who on the date of entry are legal residents of one (1) of the fifty (50) United States or the District of Columbia, at least 13 (thirteen) years of age. If you are under eighteen (18) or under the age of majority in your state of residence you must obtain consent from your parent/guardian to enter the Contest. By entering into the Contest you represent and confirm you received this consent. Further, if you are under eighteen (18) or under the age of majority in your state of residence at the time the winner is announced, you must have a parent/legal guardian accept the prize on your behalf. Employees, officers, directors and their immediate family members of Sponsor are ineligible to enter. For purposes of this Contest, “immediate family members” means parents, spouses, children, siblings, in-laws, grandparents as well as each of their spouses and household members, whether related or not.
4) INTELLECTUAL PROPERTY: Entrants, upon submission of an entry to the Contest, hereby irrevocably grant to Sponsor, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the entry submitted as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it. Sponsor will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the entries submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with entries submitted as part of the Contest. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of entries and are not obligated to use any entry. Sponsor shall not be responsible for returning or preservation of the entries submitted. All entries that are posted on Facebook (or any similar site) may be available to be viewed by anyone with access to the Internet.
6) PRIZE CONDITIONS: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES, AND ANY OTHER FEES OR COSTS ASSOCIATED WITH THE PRIZE, ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are non-transferable, non-refundable and non-negotiable, and cannot be redeemed for cash unless required by law. The winner may be required to provide Sponsor with a valid social security number before his or her prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize received. Unclaimed prizes will be forfeited.
Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winners, or if the potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. When a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be selected. If a potential winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information notifying the Sponsor. Failure to update such registration information may affect a potential winner’s ability to receive a prize.
7) SELECTION OF WINNER: Except as otherwise described in a Contest Notice, Sponsor will randomly select one winner of each Prize from the pool of eligible entries. Sponsor’s decision is final and no correspondence will be entered into relating to the Contest’s result. Each winner will be announced as promptly after the first qualifying submission is received.
Each potential winner will be notified via the email address associated with the Kidizen account (or other reasonable means) and must respond within forty-eight (48) hours of being contacted. Failure of a winner to claim his or her prize when notified within forty-eight (48) hours of notification or failure to comply with any term or condition of these Rules may result in disqualification, the forfeiture of his or her prize, and the award of the Prize to another eligible entrant, as reasonably determined by Sponsor. Sponsor will have complete discretion over interpretation of these Rules, of administration of the Contest, and of selection of the winner(s). Decisions of the Sponsor as to the administration of the Contest, interpretation of these Rules, and the selection of the winner(s) will be final.
Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent these Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future contests. CAUTION: Any attempt by an entrant to undermine the legitimate operation of Contest may be in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such entrant to the fullest extent of the law, including criminal prosecution. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
9) SPONSOR’S ADDRESS: Kidizen, Inc., 807 Broadway NE Suite 200, Minneapolis, MN, 55413.
10) DISPUTES: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Minnesota. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, entrants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Minnesota, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Minnesota.