"Henkel Helps Get Kids Fit" Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Participation constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules. The "Henkel Helps Get Kids Fit" Contest (the "Contest") will begin on August 1, 2012, at 12:00:01 pm ET ("Contest Start Date"), and end on September 16, 2012, at 11:59:59 pm ET ("Contest Period"). Contest is sponsored by Henkel Corporation, 19001 N. Scottsdale Rd., Scottsdale, AZ 85255 ("Sponsor"), who is solely responsible for all aspects of this Contest. The Contest is intended for viewing and participation in the United States only and shall only be construed and evaluated according to United States law.
The Contest is open to all legal residents of the 50 United States and D.C., 18 years of age or older, as of August 1, 2012. Employees, officers and directors of Sponsor and Brandmovers, Inc. ("Administrator"), and any of their parent companies, franchisees, affiliates, subsidiaries, agents and advertising and promotion agencies (collectively, "Promotion Parties"), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, or restricted by law.
2. How to Enter:
Participants can enter their local school— public, private or charter— grades Kindergarten through 12, into the contest by visiting www.henkelhelps.com.
To enter, each participant ("Entrant") must complete the contest registration form ("Registration Form") and an accompanying essay (the "Essay", as described below), referred to collectively as the "Story" or the "Entry". The Essay must address the following question in five hundred (500) words or less:
"How could $25,000 be used to improve fitness, inspire self-esteem and build teamwork at your school?"
To complete the Registration Form, Entrants must provide their name, date of birth, address (including city, state and zip code), home phone number, email address; in addition, the Entrant must provide the School (public, private or charter) (collectively, the "Honoree") name, address (including city, state and zip code), and the name and phone number of the main contact of the Honoree.
All Stories must be received by Sunday, September 16, 2012, at 11:59:59 pm ET. An Entrant may submit one Story per Honoree during the Contest Period. There is no limit to how many Stories may be submitted naming one Honoree, provided each Story is submitted by a separate and distinct Entrant. Sponsor reserves the right to disqualify any person or email address that submits more than maximum allowed entries. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Contest, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest.
3. Contest Winner Determination:
Each Story will be judged by a panel of qualified judges ("Panel of Judges"), to be selected by Sponsor, whose decisions are binding and final. All essay submissions will be judged based on the following criteria ("Judging Criteria"):
How could your school benefit from the $25,000 grand prize?
Why would the prize money improve fitness, inspire self-esteem, and build teamwork at your school?
(a) Relevance to Topic (40%)
(b) Originality/Creativity (30%)
What is your creative idea or unique solution to helping kids get fit?
(c) Inspiration (30%)
Would your idea inspire people, or change, for the better? Why?
Could your idea make a difference in your school? Why?
The Panel of Judges will determine the top five (5) Stories (each a "Top 5" or "Finalist") on or about October 1, 2012. In the event of a tie, the person among the tied Entrants with the highest score in Relevance will be a Finalist. Sponsor reserves the right to select fewer than five (5) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
All Finalists are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms (as described below). Each Finalist will be sent a Video Camera and will have until October 30, 2012, to complete and return a video (taken with the Video Camera provided or any video camera Entrant wishes to use) in response to the question: "How could $25,000 be used to improve fitness, inspire self-esteem and build teamwork at your school?" The Video can be a maximum of one (1) minute. The Video is subject to all of the terms and conditions outlined below in the Section titled "Story and Video Terms and Conditions" (with exception of the Video duration as specified herein). Videos may NOT contain:
Any copyrighted material not in the public domain or for which the entrant has not obtained the rights to use;
3rd party music for which entrant has not obtained the rights to use
3rd party voice-overs for which entrant has not obtained the rights to use;
3rd party stock photography or artwork for which entrant has not obtained the rights to use;
Nudity, lewd or vulgar behavior; offensive language and/or gestures
Voting Phase: November 14, 2012, 12:00:01 pm ET – December 7, 2012, 12:00:01 pm ET
During this Voting Phase the Top 5 (including the Story and Video) will be displayed online at www.henkelhelps.com. The public will be invited to vote (the "Public Vote") for the Entry that they believe best answers the question: "How could $25,000 be used to improve fitness, inspire self-esteem and build teamwork at your school?" Participants can visit online at www.henkelhelps.com and follow the instructions to view the voting page section. Once on this page they must complete the required entry form and select the school they wish to vote for; Voting Limit: Only one (1) vote per school, per person, per day is allowed during the Voting Phase. Any persons voting may not share the same email address. Any attempt by anyone to submit more than the stated number of votes by using multiple/different email addresses will void all their votes and he or she will be disqualified from further participation in the Contest. The Finalist who’s Entry accumulates the most valid votes, as described herein, and in the opinion of the judges, will be declared the winning Entry ("Winning Entry" or "Winner" as described below). In the event of a tie during the Voting Phase, the Panel of Judges will re-evaluate the tied Entries using the Judging Criteria until a final Winner is determined.
Story and Video Terms and Conditions:
Each Story and Video and the components thereof, including the essay must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the Story or Video contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Story and Video, any and all releases and consents necessary to permit the use and exhibition of the Story and Video and all of the components thereof by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Story or Video, and permission to reproduce, distribute, publicly display or otherwise use the Story (collectively, the "Clearances"). By submitting a Story and Video, Entrant warrants and represents that the Honoree consents to the submission and use of the Story in the Contest, and to its posting on the Internet in connection with the Contest.
Story or Video entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; ii) Materials which contain identifiable commercial product brands; iii) Materials which contain clothing items bearing designer insignia, logos, profanities, or bearing the name or likeness of any celebrity, living or dead; iv) Materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; v) Materials which contain profanities, vulgar language, lewd behavior, or are otherwise obscene or inappropriate for a general audience; vi) Materials which contain nudity or any depiction of real or simulated sexual acts; vii) Materials which contain extensive or gratuitous violence; viii) Materials which constitute or contain recording of actual illegal acts; ix) Materials which contain unsafe actions, or use of fire that may result in personal injury or destruction of property; x) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; xi) Materials which are derogatory to Sponsor, or any affiliated entity or person; xii) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; xiii) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xiv) Materials which contain any computer virus, worm or other harmful computer programming; xv) Materials which do not comport with the Entry requirements; and xvi) Materials which Sponsor, in its sole discretion, deems to be otherwise objectionable. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any photo if it believes that the necessary Clearances have not been obtained.
By entering this Contest, Entrants agree that each Entry becomes the property of Sponsor and that the Sponsor may use such Story and Video for any proper purpose. Any personally identifiable information of Entrant collected during participation in this Contest will be collected and used by the Promotion Parties, their respective affiliates, agents and marketers, for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules.
By submitting a Story and Video, Entrant irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns any and all right, title, and interest in perpetuity throughout the world in and to the Entrant’s Story, including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or "droit moral", and other intellectual property and proprietary rights in the Story, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Story in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, Entrant hereby waives and releases Sponsor, from any and all claims that Entrant may now or hereafter have in any jurisdiction based on such "moral rights" or "droit moral" or unfair competition with respect to Sponsor’s exploitation of the Story without further compensation to Contestant of any kind. Entrant agrees that email shall satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights. Entrant shall execute and deliver such documents, at Sponsor’s expense, as requested by Sponsor or as may be necessary to vest in Sponsor the rights and waivers provided herein. Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the Story, or any derivative works, infringe or violate any of entrant’s rights therein. Entrant grants the Sponsor and its agents the right to associate the Story with entrant’s name, image, likeness, hometown, and biographical information, without limitation and without compensation. Entrants shall not receive any compensation or credit for Sponsor’s use of entries, other than that disclosed in these Official Rules.
5. Grand Prize:
There will be exactly one (1) Grand Prize Winner ("Winner") in the Contest. The Winner will receive a twenty-five dollar ($25,000 USD) cash prize, to be disbursed to the Honoree named in the Winning Entry, to spend on fitness programs in their school. The Grand Prize is not exchangeable or transferable. The total Approximate Retail Value ("ARV") of the Grand Prize is twenty-five thousand dollars ($25,000 USD). There will be no substitutions of the Grand Prize unless specified by the Sponsor.
6. Internet Limitations of Liability:
If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.
Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Contest or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
7. Winner Notification:
The Winner will be selected based on the aforementioned Judging Criteria and Public Voting, from among all eligible Entries received. The aforementioned Honoree featured in the Winning Entry will be contacted on or about Monday, December 10, 2012 either by telephone and/or USPS mail, or other delivery service of Sponsor’s choice ("Notification").
8. Prize Conditions:
The Winner is solely responsible for all applicable federal, state, and local taxes (if applicable) associated with the receipt of any prize. The Grand Prize Winner will be required to sign an Affidavit of Eligibility and Liability and Publicity Release (collectively "Affidavit and Release"), where applicable, and return it within 14 days of Notification. If a Prize or Notification is returned as unclaimed or undeliverable to a potential Winner, if potential Winner cannot be reached within five (5) calendar days from the first Notification attempt, or if potential Winner fails to return any requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such Winner shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected from eligible Entries for the prize at issue. The Winner’s Entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, including for advertising or purposes of trade, in perpetuity, without notice or further compensation.
9. Terms & Conditions:
This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, Entrants agree to release Sponsor, Administrator and their parent companies, subsidiaries, affiliates, retailers, distributors and advertising and promotion agencies, and each of their respective directors, officers, employees, shareholders and agents (collectively the "Released Parties") from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Contest or from their acceptance, receipt, possession and/or use or misuse of any prize, or for any typographical or other error in the printing, offering or announcement of the prize. Entrants further acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, Entrants agree to waive any right to claim ambiguity in the Contest or these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines, in its sole discretion, violates these Official Rules.
By entering the Contest, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of, or in connection with, the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and shall not include any punitive, consequential or other damages, including costs associated with entering the Contest but in no event include attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All dispute resolution shall be made by the Sponsor in their sole discretion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Contest, shall be determined by the Sponsor in its sole and absolute discretion. These rules shall be governed by, and construed in accordance with, the laws of the state of Arizona, without giving effect to any choice of law or conflict of law rules or provisions, including those of the state of Arizona, that would cause the application of the laws of any jurisdiction other than the state of Arizona. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the state of Arizona, and the Entrants consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the Contest prizes set forth above represents Sponsor’s determinations of the ARV in its sole and absolute discretion thereof, and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
11. Winners List:
For the Winner List and/or Official Rules, send a self-addressed, self-stamped envelope by January 21, 2013 to:
Henkel Helps Get Kids Fit Contest
c/o Brandmovers, Inc.
1575 Northside Drive
Building 200, Suite 200
Atlanta, GA 30318.
Residents of Vermont may omit return postage if requesting official rules.
Sponsor: Henkel Corporation, 19001 N. Scottsdale Rd., Scottsdale, AZ 85255