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By submitting an entry to kidkontest.com for inclusion in our Company's online contests you
unconditionally agree to the following Rules / Regulations / Terms and Conditions to the
exclusion of all other terms and conditions;
Definitions: "Company" shall mean kidkontest.com, its successors, assigns, agents,
representatives, and affiliated corporations, and their respective officers, directors,
employees, contractors, and agents. "Contest" shall mean any and all contests, competitions,
pageants, and other voting systems operated by the Company. "Images" shall mean any and
all images, photographs, depictions, or likenesses whether in digital format or otherwise
submitted to the Company for inclusion in the Contest. "Entrant" shall mean the actual baby,
toddler, child or person submitted for inclusion in the Contest. "Contestant" shall mean the
party or parties submitting the Image's of the Entrant. "Subject" shall mean the Entrant and
the Contestant, for themselves, and their respective heirs and legal representatives jointly
and severally.
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The Contestant is the legal guardian or parent of the Entrant and that they have the legal right to enter the Entrant in the Contest. |
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| 2) |
The Contestant is at least eighteen years of age. |
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The Images submitted to the Company by the Contestant are free of any Copyright, intellectual property, trademark or patent violations and are the sole property of the Contestant. The Contestant indemnifies the Company for any breach of Copyright, intellectual property, trademark or patent caused or as a result of the Company using the Images. Images taken by professional photographers may be subject to Copyright restrictions and can not be submitted if such is the case. Contestant must check with the photographer if unsure.
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The Images may be used in any manner whatsoever by the Company in connection with the kidkontest.com world wide web site (s), advertising and promotions at the sole discretion of the Company. No claims whatsoever can be made against the Company for the use by the Company of the Images. |
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The Contestant hereby grants the rights to the Company to publish the Images in electronic form and to publish the first name and city of the Entrant. |
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No employee of the Company or any of the advertisers or sponsors of the Company, nor any of their family members are eligible to participate in the Contest. |
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The Company accepts no responsibility for server outages, network difficulties and other technical difficulties beyond the control of the Company, or the Company's Internet service providers. |
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The Contest, prizes and winning of such prizes are void where prohibited by law. The Contestant assumes the total responsibility of knowing if they are subject to any local, state or national laws. The Company accepts no responsibility for making these individual legal determinations. |
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Privacy Policy Any information provided to the Company through participation with the Contest is used by the Company and participating sponsors to communicate with the Contestant, either through e mail, post or other communication as needed. The contact and personal information of the Contestant is never sold, rented, nor otherwise given away or distributed without consent from the Contestant. |
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A list of the prizes including retail value is available at kidkontest.com. The Company reserves the right, exercisable in its sole discretion, to alter or replace the prize structure, add additional prizes, substitute prizes of equal value for prizes that become unavailable; or discontinue any individual prizes at any time without notice. Prizes are nontransferable. All federal, provincial, state and/or local taxes are the sole responsibility of the winner.
10a. NOTE: Rules, Awards, Cash / Savings Bond (s), Prizes, and Availability, subject to change without notice. Our official certificate of placement suitable for framing, not all placement winners receive cash US savings bonds, or prizes.
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| 11) |
Winners of the Contest will be notified by e mail within thirty (30) days of the close of the Contest voting and verifiication of the results. The Contestant will have twenty (20) days from notification to mail in all the required information to us. The Company is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winning Contestant's. The Contestant will be required to sign and return a release of liability, declaration of eligibility, and where lawful, a publicity consent agreement, all within (30) days of acknowledged notification. By accepting and/or using prize, the winning Contestant agrees to the use of their name, voice, and/or likeness and the name, voice, and/or likeness of the Entrant for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law. If a selected winning Contestant cannot be contacted, is ineligible, fails to claim a prize, or fails to timely return the completed and executed declaration and releases as required, prize (s) may be forfeited and an alternate winner selected. In the event of a dispute regarding who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the e mail account per time and date stamp contained within our database.
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The Company, sponsors, agents and representatives of sponsors, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and can not be liable for late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible entries; or telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, or difficulties of any kind; or failed, incomplete, garbled, or delayed computer transmissions; or any condition caused by events beyond the control of the Company or sponsors that may cause the Contest to be disrupted or corrupted; or any injuries, losses, or damages of any kind arising in connection with or as a result of the prize (s), or acceptance, possession, or use of the prize (s), or from participation in the Contest; or any printing or typographical errors in any materials associated with the Contest. |
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Entry date (s) Any entry that is not received by the cutoff date is simply entered into our next available contest date. |
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The Company reserves the right, at its sole discretion, to extend the contest date (s), move all entrants to next contest date (s) due to lack of entry's, or suspend or cancel the Contest at any time if a computer virus, bug, or other technical problem effects the administration, security, or proper play of the Contest. By participating in the Contest, the Contestant agrees to release and hold harmless the Company, sponsors and the employees, officers, directors, shareholders, agents, representatives of said sponsors, their parent company, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize (s), including without limitation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy. |
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| 15) |
The Contestant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration in the State of Delaware; any and all claims, judgments and awards shall be limited to actual 'out of pocket' costs incurred, and in no event attorneys' fees; and under no circumstances will the Contestant be permitted to obtain awards for, and the Contestant hereby waives all rights to claim, punitive, incidental and consequential 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 Terms and Conditions, or the rights and obligations of the Contestant and the Company in connection with kidkontest.com world wide web site shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect of any choice of law or conflict of law rules or provisions, which would cause the application of laws of any jurisdiction other than the State of Delaware. The Company reserves the exclusive right, exercisable at any time, without notice, to amend, add to, delete from, alter or otherwise change these Terms and Conditions. If any provision (s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision (s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
15a.The Contestant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, and that the Contestant agrees to give KidKontest 120 day to investigate said dispute.
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Company reserves the right to disqualify any contestant for any legitimate reason including, but not limited to excessive repeat voting, cheating, tampering, automated voting, misuse of the web site, etc. All votes will be counted and verified before any prizes are awarded. Company reserves the right to choose the winner based on the verified results and at Company's discretion. |
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Photography Release The Subject hereby assigns and conveys to the Company all of the Subject's right, title and interest, including but not limited to right of publicity and right of privacy in the Images of the Subject at any time. The Subject acknowledges and agrees that all the Images verbal assertions, representations, or endorsements, express or implied, and other likenesses or depictions of the Subject made or caused to be made by the Company and all materials used in connection therewith, shall be the absolute property of the Company and may be used by the Company at any time and from time to time in its sole discretion for any purpose, including but not limited to promotional, advertising and other purposes, through any medium, whether local, national, foreign, or international, including without limitation newspaper, magazine, television, Internet, point of purchase display, public relations, and product packaging, without further consideration to or approval of the Subject. The Subject hereby releases and forever discharges the Company, its successors and all persons acting under its permission or authority, from any and all claims, actions, liabilities, and causes of action in any manner arising or resulting from the Company's use of the Images or otherwise depicting the Subject or the Company's use of any of the Images of the Subject for any use including but not limited to promotional, advertising, or other purposes. The Subject hereby agrees to hold the Company harmless from any and all claims and actions by any persons not a party to these Terms and Conditions arising from the Company's use of the Images, photographs, videotapes, or other depictions or likenesses of the Subject.
By participating in any of Company’s contests, Contestant agrees to the entire rules and regulations provided herein. Company reserves the right to change these rules at any time and agrees to notify Contestants of any such changes.
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