CHRIS EVERT CHILDREN’S HOSPITAL POWERFUL KID CONTEST
OFFICIAL RULES
1. NO PURCHASE OR USE OF SERVICES NECESSARY TO ENTER OR WIN. A PURCHASE OR USE OF SERVICES DOES NOT IMPROVE YOUR CHANCES FOR WINNING. VOID WHERE PROHIBITED BY LAW. ALL PRIZES AWARDED STRICTLY IN ACCORDANCE WITH THE OFFICIAL CONTEST RULES.
2. SPONSOR: The "Powerful Kid" Contest (“Contest”) is sponsored by the Chris Evert Children’s Hospital ("Sponsor") and administered by North Broward Hospital District d/b/a Broward Health, 303 SE 17th Street, Ft. Lauderdale, FL 33316 ("Administrator").
3. ELIGIBILITY: The "Powerful Kid" Contest is open only to individuals who are: (a) legal residents of Broward, Miami-Dade and Palm Beach counties and (b) the parent or legal guardian of a child between the ages five (5) to eighteen (18) years at the time of entry (“Contestant”). The child nominated by the Contestant in the Contest shall be referred to as “nominee. The terms “you” and “your” herein shall refer to Contestant. Employees of Broward Health and its affiliates are eligible to enter, however these submissions will be judged separately and different prizes will be awarded to these winners. The "Powerful Kid" Contest is subject to all federal, state/provincial, and local laws and regulations and is void outside of the U.S. and where prohibited by law. Sponsor reserves the right to disqualify ineligible entries.
4. AGREEMENT TO OFFICIAL RULES: Participation in the "Powerful Kid" Contest constitutes your full and unconditional agreement to and acceptance of these "Official Rules" and the decisions of Sponsor, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein in a timely manner.
5. CONTEST ENTRY PERIOD: The "Powerful Kid" Contest submission period begins on Monday, April 18, 2011 at 12:00:01 a.m. EST and ends on Sunday, May 8, 2011 at 11:59:59 p.m. EST (the "Submission Period"). Administrator's computer is the official time keeping device for the Contest.
6. TO ENTER: Contestant must visit PowerfulKidCare.org and complete the online entry form. You must include on the entry form complete and accurate information, as requested. Entries originating outside of Broward, Miami-Dade and Palm Beach counties are ineligible. Online entry into the "Powerful Kid" Contest must be completed in a single, continuous session during the Submission Period. By entering the Contest, Contestants represent and warrant that each entry is an original.
To qualify, all submissions, in whole and in part:
There is no limit on the number of entries that a Contestant may submit, however, a Contestant may not submit the same entry more than once. No automated entry or voting devices or programs are permitted. You are solely responsible for the equipment and internet access required to enter or participate in the "Powerful Kid" Contest. Sponsor reserves the right, in its sole discretion, to restrict participation in the "Powerful Kid" Contest to any person at any time for any reason and/or to disqualify any entry at any time for any reason.
Any attempted entry by any means except as permitted in these Official Rules is void. Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information. Proof of submission will not be deemed to be proof of receipt by Sponsor.
7. SELECTION OF WINNER: By participating in the "Powerful Kid" Contest, Contestant agrees that Sponsor and Administrator and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right to (a) use, review, assess, evaluate, score, verify and judge your entry, publicly or otherwise, in any manner they elect, and (b) control or restrict voter qualification and the frequency and manner of voting.
8. PUBLIC VOTING: Qualifying entries will be posted at PowerfulKidCare.org. Members of the public will be invited to vote among the finalists online at PowerfulKidCare.org between May 23, 2011 at 12:00:01 a.m. EST and June 5, 2011 at 11:59 PM EST, or based on different timing as determined and at the sole discretion of the Sponsor. Members of the public will be allowed one vote per person per day during the voting period. The finalist whose qualifying entry receives the highest number of eligible votes will be a potential winner of the Grand Prize, subject to verification (including verification of eligibility, compliance with the Official Rules, and completion of documentation specified herein) and satisfaction of any prize-related conditions or specifications. Sponsor's decisions are final and binding in all matters relating to the "Powerful Kid" Contest, including but not limited to eligibility and winner selection. If a potential winner cannot be reasonably notified, verified or confirmed within two (2) days of first notification attempt (and further attempts at Sponsor's sole discretion), a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner will be chosen in accordance with these Official Rules.
9. REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, potential winners will be required to complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules) and a comprehensive liability waiver and publicity release within two (2) days of the date of notification, if so requested by the Sponsor. Potential winners may also be required to complete additional liability waivers required by third party service providers. Such liability waivers will prevent you and your successors, heirs and assigns from bringing a lawsuit or other action against any released party, including without limitation Sponsor and Administrator and their subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party. The affidavit of eligibility, Form W-9, and liability waiver and publicity release must be signed by his/her parent or legal guardian on his/her behalf, with prize delivered to such parent/guardian.
10. PRIZE: One (1) Grand Prize winner will receive:
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Two (2) Finalists may receive:
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Substitutions are allowed at Sponsor’s sole discretion. The prize is not redeemable for cash. Winner is solely responsible for all federal, state and local taxes incurred by their participation in the Contest.
11. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, and/or modify the "Powerful Kid" Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the "Powerful Kid" Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Sponsor's identification of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the "Powerful Kid" Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the "Powerful Kid" Contest may be a violation of criminal and civil law 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All activity arising out of and relating to the "Powerful Kid" Contest is subject to verification and/or auditing for compliance with the Official Rules and Contestant agrees to cooperate with Sponsor concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Sponsor verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the "Powerful Kid" Contest at any time.
12. PUBLICITY: Except where prohibited, by participating in the "Powerful Kid" Contest and regardless of whether you are a winner, Contestant grant Sponsor and Administrator and their subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter, adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, your child’s name, video, likeness, photograph(s), written and other entry materials, as well as additional photographs, video footage or other images that Sponsor and/or Administrator may take of you and the child if you are the winner, in whole or in part, in any manner and for whatever purpose Sponsor and/or Administrator shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.
13. PRIVACY: By submitting an entry, Contestant warrants that the entry does not invade the right of privacy of any individual. All personal information submitted by the Contestant as part of this "Powerful Kid" Contest will be treated in accordance with Sponsor and Administrator's Privacy Policy (accessible from PowerfulKidCare.org), except as otherwise described in these Official Rules and the "Powerful Kid" Contest materials. By participating in the "Powerful Kid" Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Sponsor's agents, representatives, and other third parties involved in the execution, administration, or hosting of the "Powerful Kid" Contest, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor's Privacy Policy, these Official Rules shall govern.
14. Videographer/Copyright: Entries must be submitted by the individual with the expressed, legally-binding written consent of the creator to enter the "Powerful Kid" Contest. The Contestant must be the sole owner of the copyright of any video or photo submitted. By submitting a video or photograph, Contestant warrants and represents that they are the sole copyright holder of such video or photo and that they have not granted exclusive rights to all or part of the entry to any other person or entity. In addition, by entering, Contestants represent and warrant that the entry submitted does not infringe on any other person's or entity's rights, including but not limited to any trademark, trade name, trade secret, intellectual property right, or other common law or statutory right, and Contestant has the expressed consent of any person(s) to be featured in any speaking or "narrative" role.
15. Ownership/Use Rights: By virtue of a non-exclusive, worldwide, royalty-free, perpetual license for the video or photo granted by the Contestants to the Sponsors, Sponsors shall have the right to edit, adapt and publish any or all of the descriptions and/or videos or photos submitted, and may use them in any media without compensation to the Contestant, the nominee, his or her successors or assigns, or any other entity. By entering the Contest, Contestants agree to have the submitted video or photo used and displayed, either singly or in combination with others on any Sponsor property without any fee or other form of compensation due at any time for so long as desired by the Sponsors. Videos and photos will be credited to the Contestant named in the Entry form. Descriptions or titles, if any, used with the videos or photos are in the Sponsors' sole discretion.
16. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: The Sponsor and Administrator are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the "Powerful Kid" Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the "Powerful Kid" Contest or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in the "Powerful Kid" Contest or receipt of any prize.
SPONSOR AND ADMINISTRATOR AND THEIR SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "HOSTS") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOSTS SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL HOSTS BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH the "Powerful Kid" Contest OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT the "Powerful Kid" Contest OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH the "Powerful Kid" Contest. HOSTS WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN the "Powerful Kid" Contest, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY ENTERING the "Powerful Kid" Contest AND/OR ACCEPTING A PRIZE, CONTESTANT AGREES THAT THE HOSTS SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY CONTESTANT AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY HOSTS OF ANY ENTRY, PARTICIPATION IN the "Powerful Kid" Contest, OR ANY OTHER CLAIM OR CAUSE OF ACTION CONTESTANT MAY HAVE AGAINST HOSTS.
17. DISPUTES: Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the "Powerful Kid" Contest, and the decisions by Sponsor are final and binding on all matters relating to the "Powerful Kid" Contest. You agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the "Powerful Kid" 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 the State of Florida, Broward County; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the "Powerful Kid" Contest, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the "Powerful Kid" Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Florida. By participating in the "Powerful Kid" Contest, you agree that Florida will be the exclusive forum for any formal dispute resolution.
18. OFFICIAL RULES AND WINNERS LIST: A copy of these Official Rules and a list of winners will be posted on PowerfulKidCare.org.