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"TDmonthly's Charitable Kid" Contest
Official Rules
- NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- SPONSOR: The sponsor of the Sweepstakes is ToyDirectory.com, Inc. ("Sponsor"), 12340 Santa Monica Blvd. Suite 226, Los Angeles, CA 90025. Tel: 424-272-6854
- SWEEPSTAKES PERIOD:The "Sweepstakes Entry Period" for each month's contest runs for 30 days after the first announcement. Exact dates and or announcements will be posted on the sponsor's homepage and main web pages, and may be extended at Sponsor’s discretion.
- ELIGIBILITY: : Children entered into the contest should be between the ages of 0 and 14 years and must be entered by their parents and/or legal guardians, or with their parents’ and/or legal guardians’ express written consent. The Sweepstakes is open only to residents of the 50 United States of America or the District of Columbia who are entering on behalf of their children or charges if the parents or legal guardians are 18 years of age or older as of their time of entry. This means that, for example, residents of Puerto Rico, and overseas U.S. territories, possessions, commonwealths and military installations are not eligible. In addition, the Contest/Sweepstakes is void wherever prohibited, licensed, restricted or taxed. All applicable federal, state, and local laws and regulations apply. Employees and agents, including their family (parents, children, siblings, spouse) and members of their household (whether or not related), of Sponsor and its subsidiaries, affiliates, parent companies, distributors, divisions, agencies or of any related entity, including any consultants to Sponsor, are not eligible to participate in the Sweepstakes. Sponsor can accept only those entries that are completed and submitted as specified in the contest announcement. Sponsor will not be responsible or liable for: (a) any failure to receive entries owing to transmission failures and other conditions beyond its reasonable control or (b) any printing or typographical errors in any materials associated with the Contest. Entrants must not be affiliated with commercial talent unions, such as, without limitation, the Screen Actors Guild.
- PRIZE: Prize consists of the item as currently promoted in the contest, said item to be determined in advance solely by Sponsor. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. The Prize cannot be redeemed for cash and may not be substituted, sold or transferred by the winner. Standard Domestic Shipping is included. Additional shipping expenses are the responsibility of the winner. WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. The value of the prize will be treated as ordinary income to prize recipient for income tax purposes and an IRS Form 1099 for the year will be sent to winners of prizes valued over $600.
- ODDS: The odds of winning depend upon the number of eligible entries received.
- HOW TO ENTER: If required by the relevant Contest, your parents must help you create and upload a photograph or a video to Youtube, or write an email or letter, as the case may be (Note: If you choose to make a video and want to add music to your video, it must be original or royalty-free music. Some suggested sites for royalty-free music. Some suggested sites for royalty-free music are: www.royaltyfreemusic.com, www.opuzz.com/free_tracks.asp, and www.incompetech.com/m/c/royalty-free.) Have your parents mail to ToyDirectory.com, Inc. 12340 Santa Monica Blvd. Suite 226, Los Angeles CA, 90025 and at the same time, have your parents email to contact2@toydirectory.com; in the email and letter, have your parents tell us: Their name, your name, mailing address, their email address, and telephone number; and a link to your online video; do include the name of the file which you uploaded (if applicable) and the type of media which you have uploaded, i.e. photograph or video (if applicable), for submission as an entry to the Contest. The winner's parents must email the video file to the sponsor upon request in the format requested. All entry information and materials sent to sponsor become the property of Sponsor and will not be acknowledged or returned.
- WINNER SELECTION: The winner will be determined by the rules as specified in the contest announcement in Los Angeles, California. All results of the selections are final and binding, subject to these Official Rules. In the event the winner is unreachable within three days of the selection, or a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, or if within 21 days of when sent, fails to return an executed affidavit and consent, the winner will forfeit his or her prize and the prize will be awarded during a later contest. If, by reason of a printing, computer or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random selection to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
- WINNER WAIVES: By accepting a prize, winner waives
the right to:
• Assert as a cost of winning the prize any and all costs of
verification and redemption or travel to redeem said prize; and
• Claim any liability (including attorney's fees and costs)
which might arise from redeeming or seeking to redeem said prize (including
any travel related thereto). If a prize winner is less than 18 years
of age, an Affidavit of Eligibility, Liability and Publicity Release
will have to be signed by a parent or legal guardian of said person
before the relevant prize may be provided.
- PROVISIONS: If any provision of this Contest shall
be deemed to violate any federal, state, provincial or municipal law,
it shall be amended to conform to such law and all other provisions
shall remain in full force and effect. All federal, state, provincial
and local laws and regulations apply. All taxes are each winner's and winning-charities' responsibility.
- CONDITIONS: Sponsor is not responsible for telecommunications,
network, electronic, technical or computer failures of any kind, including
any that may affect your entry or the Sweepstakes. Sponsor is not responsible
for lost, stolen, misdirected, mutilated, late or illegible entries.
Entries not in compliance with these Official Rules are disqualified.
Sponsor shall have the absolute right to determine if an entry is in
compliance with these Official Rules without notice to the person attempting
to enter.
- NOTICE TO WINNER: Attempts to notify potential winners
for verification purposes will be made by email or phone within three
(3) days of the selection. Sponsor is not responsible for lost, stolen,
late or misdirected email or delivery or communication problems of any
kind. If Sponsor is unable to make contact with the potential winner
on the first two attempts, the Prize may be forfeited and awarded to
an alternate winner.
- VERIFICATION OF WINNER:Unless prohibited by applicable law, potential winners or their parents may be required to sign, notarize and return to Sponsor an Affidavit of Eligibility and a Prize and/or Publicity Release consent to the use of their name, home town, likeness, and/or prize information for promotional and other purposes without further payment, except where prohibited by law. (There is typically a fee of $10.00-$15.00 for the services of a Notary Public. Notaries Public can be found at most bank locations, as well as other locations.) In addition, by entering the Contest, unless prohibited by applicable law, entrants consent to being placed on sponsor’s mailing list.
- CONDITIONS: Sponsor is not responsible for telecommunications,
network, electronic, technical or computer failures of any kind, including
any that may affect your entry or the Sweepstakes. Sponsor is not responsible
for lost, stolen, misdirected, mutilated, late or illegible entries.
Entries not in compliance with these Official Rules are disqualified.
Sponsor shall have the absolute right to determine if an entry is in
compliance with these Official Rules without notice to the person attempting
to enter.
- GENERAL RELEASE: By entering the Sweepstakes, each
participant explicitly warrants that he or she has read and agrees to
abide by these Official Rules and that he or she is not prohibited from
participating in the Sweepstakes. Each participant agrees to release,
discharge, indemnify and hold harmless Sponsor and its parents, subsidiaries,
affiliates, shareholders, employees, officers, directors, agents, representatives,
advertising and promotion agencies and prize suppliers from any liability
arising from or related to the Sweepstakes, including, without limitation,
personal injury, death, property damage, or claims based on publicity
rights, defamation, or invasion of privacy (including, without limitation,
claims, costs, injuries, and losses related to personal injuries, death,
damage to or destruction of property, rights of publicity or privacy,
defamation, or portrayal in a false light). By entering the Contest,
you also give sponsor, and its respective affiliated companies, directors,
officers, employees, representatives, agencies, and strategic partners
permission to contact you concerning products, services, membership
benefits, association news and information, and any other applicable
information.
- ENTRANT'S CERTIFICATION, GRANT OF RIGHTS AND REPRESENTATIONS:
By entering this Contest, you explicitly:
• Grant to sponsor and
its affiliates, legal representatives, assigns, agents and licensees,
the unconditional and perpetual right and permission to copyright (as
applicable), reproduce, encode, store, copy, transmit, publish, post,
broadcast, display, publicly perform, adapt, exhibit and or otherwise
use or reuse (without limitation), any Entry to a Contest, including
but not limited to: (1) the biographical information winner's parent provides, including winner's name, city and state, image, voice, and likeness (except street address, telephone number and email address) (the "Likeness"); (2) winner's photograph; (3) any statements which winner or winner's family make about the Contest, as well as any additional photographs, videos or statements relating to your participation in the Contest; (4) the Entry (including all text, and photograph or video, as applicable) in all media
throughout the
world for any purpose and without limitation, including, but not limited
to, online displays, television, cable, video productions, wireless
applications and other media channels and applications; to be used for
advertising, promotions, other contests sponsored by the sponsor without
further consent (unless you are a resident of TN) or compensation, or
otherwise where prohibited by law, and without additional review, compensation,
or approval by you or any other party. In addition, you agree to irrevocably
assign and transfer to Sponsor and any contest co-sponsors, or advertisers
or affiliates any and all rights, title and interest in the content
you provided Sponsor as part of your contest submission, including,
without limitation, all copyrights and moral rights in any email/mails
submitted as part of the Entry, and in the email, photograph or video,
as the case may be, which were also submitted as part of the Entry.
In addition, you agree to grant Sponsor and any contest sponsor the
right to modify, adapt, sell, publish, use or not use the Entry in any
way, in whole or in part, in any and all media now known or later developed,
without time, territorial limitations or compensation, except where
prohibited by law, and you agree not to sue or assert any claim against
Sponsor for the use of the Entry or the use of your Likeness or statements
made by your regarding the Contest or your Entry.
• Agree that Sponsor, and any contest sponsor, or those acting on its behalf, may photograph and film winner and/or family and use such photographs and film for all advertising, promotional, trade and other purposes and in all media, including, but not limited to, newspapers, magazines, online displays, television, cable, video productions, online access, wireless applications and other media channels and applications without further consent (unless you are a resident of TN) or compensation, except where prohibited by law. Sponsor has the absolute right to use the videos, emails, photographs, letters and/or articles and other media associated with the Contest however it may deem necessary in all current and subsequent publicity associated with the Contest and giveaways.
• Represent and warrant that you have the right to grant to Sponsor
the rights described above in the submitted Entry
• Certify that you are not affiliated with commercial talent unions including, without limitation, the Screen Actors Guild (SAG);
• Represent and warrant that you have not used licensed material or any material owned by someone other than you in your Entry, including, without limitation, text, music, graphics or artwork, without said owner's permission (unless the content is royalty free music as discussed in How to Enter, above); and
• Represent and warrant that winner's Entry is original and winner has not copied or plagiarized the concept for winning video, photos, email and/or letter from other material. In addition, you explicitly warrant that the images, likenesses and voices used in your or your child's Entry are of people who have consented to be included in your Entry. If the submitted video was taken by a professional videographer or anyone other than you, you must demonstrate that the videographer has granted you the right to publish, reproduce and otherwise display the video by providing a signed copyright release.
- ADDITIONAL PRIVACY CONSENT: By entering the Sweepstakes,
participants consent to the use of their company name, their name, likeness,
image and biographical data for advertising and promotional purposes
without compensation, except where prohibited by law. BECAUSE SPONSOR
COLLECTS PERSONAL INFORMATION FROM PARTICIPANTS ENTERING THE SWEEPSTAKES,
SPONSOR ENCOURAGES ALL PARTICIPANTS TO REVIEW ITS PRIVACY POLICY, WHICH
CAN BE REVIEWED AT WWW.TOYDIRECTORY.COM/PRIVACY.ASP as we, the Sponsor,
ToyDirectory.com, WILL PLACE A COOKIE ON YOUR COMPUTER AND TRACK ALL
OF YOUR FUTURE VISITS TO AND ACTIVITIES ON OUR SITES, AND WE WILL SHARE
YOUR CONTACT INFORMATION AND ACTIVITIES WITH OUR ADVERTISERS AND MEMBERS.
- ENTRIES MUST:
• Be original;
• Be submitted solely by one entrant (this may be a group effort,
but only one person may register and win);
• Not have been previously published, submitted in other contests
or won previous awards; and
• Not infringe on the rights of any third party. Videos, photos, emails and/or letters must not contain pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language or any material that would be offensive to a group or to an individual. Sponsor reserves the right to edit out any portion of a submitted video it deems unacceptable in its sole discretion prior to publication. Sponsor reserves the right to disqualify any contest entry it deems to be inappropriate, in its sole determination, and will not engage in any form of communication or discussion with anyone who submits a video, photos, letter or email.
- MISCELLANEOUS: Sponsor reserves the right to suspend or cancel the Sweepstakes or modify these Official Rules as necessary for any reason or as required by applicable law. Sponsor reserves the right, at its sole discretion, to disqualify from the Sweepstakes, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules, attempted to disrupt the contest or circumvent the rules, act in an unsportsmanlike manner or with an intent to annoy or harass any other entrant or tampered with any element of the Sweepstakes without notice to the disqualified or banned person. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Using the site's messaging systems (forum posts, private messages, comments etc.) to notify potential voters of a vote, or request a vote, is grounds for disqualification. Members are free to use certificates and other promotional tools provided by the site as a means of promotion.
- OFFICIAL RULES VALIDITY, INTERPRETATION AND ENFORCEABILITY:
The construction, validity, interpretation and enforceability of these
Official Rules, and the rights and obligations of entrant and Sponsor
in connection with the Sweepstakes, shall be governed by, and construed
in accordance with the laws of the State of California, without giving
effect to any choice of law or conflict of laws, rules or provisions.
Any legal claims arising out of or relating to the Sweepstakes or these
Official Rules must be brought in the federal or state courts located
in Los Angeles, California.
- WINNERS LIST AND OFFICIAL RULES: To obtain a list
of the official winners (after the conclusion of the Sweepstakes) or
a copy of these Official Rules, send a self-addressed envelope with
the proper postage affixed to: "TDmonthly Charitable Kid Contest" ToyDirectory.com,
Inc., 12340 Santa Monica Blvd., Suite 226, Los Angeles, CA 90025. Residents
of WA and VT may omit return postage. Please specify "winners list"
or "Official Rules" in your request.
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