Official Contest Rules
NO PURCHASE NECESSARY.
1. ELIGIBILITY: Island Family and Island Baby Magazines 2010 Cover Kids Search (the "Contest") is open only to Oahu residents, between six (6) months of age to twelve (12) years of age at time of entry. Parents/guardians will need photo uploading capabilities as of August 11, 2009. Void where prohibited. Employees, officers and directors of Pacific Basin Communications, KHNL 8 Television, KRATER96 Radio, Diversified Foods, Chicken of the Sea, Kimberly Clark, Cottonelle, Huggies, Family Foods, Koko Marina Center, Salt Lake Shopping Center, Kapolei Marketplace, Aikahi Park Shopping Center, Mililani Shopping Center, Kunia Shopping Center (collectively, the "Sponsors"), Island Family and Island Baby Magazines (the "Administrator"), all advertising and promotional agencies and their respective parent companies, subsidiaries, affiliates, sales representatives, distributors, manufacturers, licensees or agents, advertising and Contest agencies, and their immediate family members and those living in the same household of each, are not eligible to participate in this Contest. Subject to all applicable federal, state, municipal, and local laws and regulations.
2. SPONSORS: Pacific Basin Communications, KHNL 8 Television, KRATER96 Radio, Diversified Foods, Family Foods, Koko Marina Center, Salt Lake Shopping Center, Kapolei Marketplace, Aikahi Park Shopping Center, Kunia Shopping Center. Administrator: Island Family and Island Baby Magazines, 1000 Bishop Street, Suite 405, Honolulu, HI 96813.
3. CONTEST PERIOD: The Contest runs between 12 noon Hawaii Standard Time ("HST") on August 11, 2009 and 11:59 p.m. HST on November 14, 2009 (the "Contest Period") as set forth in the chart below:
Administrator's computer is the official time keeping device for the Contest.
4. HOW TO ENTER: Visit islandfamilymagazine.com khnl.com/Global/story.asp?S=10799418, krater96.com and follow the links and instructions to upload and submit a photograph of your child (the "Photo"). You must be the parent or legal guardian of the child featured in the Photo. There are four (8) categories for Photos. Photos of baby boys who are between 6 months to 11 months old at the time of submission will be entered into the IF Cover Kids baby boy category. Photos of baby girls who are between 6 months to 11 months old at the time of submission will be entered into the IF Cover Kids baby girl category. Photos of boys who are between 1 to 3 years of age at the time of submission will be entered into the IF Cover Kids little boy category. Photos of girls who are between 1 to 4 years of age at the time of submission will be entered into the IF Cover Kids little girl category. Photos of boys who are between 5 to 8 years of age at the time of submission will be entered into the IF Cover Kids big boy category. Photos of girls who are between 5 to 8 years of age at the time of submission will be entered into the IF Cover Kids big girl category. Photos of boys who are between 9 to 12 years of age at the time of submission will be entered into the IF Cover Kids tween boy category. Photos of girls who are between 9 to 12 years of age at the time of submission will be entered into the IF Cover Kids tween girl category. By completing the registration and uploading your Photo(s), you agree that your Photo(s) conform(s) to the Photo Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsors, in their sole discretion, may remove your Photo(s) if they believe, in their sole discretion, that your Photo(s) fail(s) to conform to the Guidelines and Restrictions in any way, in which case you shall be disqualified from the Contest.
- The Photo must be the property of the entrant's parent and/or legal guardian
- The Photo must be no larger than two (2) MB;
- The Photo must be in .jpeg format;
- The Photo must have been taken within the last three (3) months of the date of submission;
- The Photo submitted must only include the image of one child;
- The Photo must not be altered or manipulated, except for cropping, red eye removal and adjustment for color and brightness;
- The Photo may be color or black and white; and
- The Photo cannot have been submitted previously in a contest of any kind or exhibited or displayed publicly through any means previously.
- The Photo must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Photo must not contain brand names or trademarks;
- The Photo must not contain photos or artwork not created by entrant;
- The Photo must not contain material that is hateful, tortuous, defamatory, slanderous or libelous;
- The Photo must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
- The Photo must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Photo is created.
For all Photos: Your Photo(s) will be posted online and viewed by other people. At the conclusion of the Contest, Photos will no longer be viewable online. Sponsors are not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Photos, which are disqualified. Limit: You may submit one (1) Photo per child during the Submission Phase. Multiple participants are not permitted to share the same email address. Any attempt by any person to obtain more than the stated number of photos by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that person's entries and he/she may be disqualified.
Entries must be submitted by the original photographer or entrant must have obtained the ownership rights in the Photo. Do not submit a Photo taken by someone other than you if you have not obtained the ownership rights in the Photo. You must be the sole owner of the copyright of any image submitted. Your submission of a Photo is your guarantee that you are the copyright holder of the Photo.
Contestants retain the copyright to their photographs, and all rights thereto, except as follows. By entering the Contest, contestants agree to have their Photo displayed on the Contest website without any fee or other form of compensation, and agree that Island Family magazine, KHNL 8 television and KRATER96 radio may display winning photographs in a "past winners" photo gallery and may make and retain copies of the photograph for archival purposes. Photographs will be credited to the contestant named in the entry form. In the event that ownership of any photograph submitted is contested in any manner, Sponsors may disqualify that photograph and discontinue use of the photograph. Photographs produced during the photo shoot shall be the sole and exclusive property of Island Family and Island Baby Magazines and winner shall have no rights to such photos. Island Family and Island Baby Magazines may elect to use such photographs in conjunction with marketing campaigns without any fee or any form of compensation to the contestants or their respective children.
5. JUDGING/VOTING/CONTEST WINNER DETERMINATION:
(a) Judging by Qualified Panel: During the Judging Phase, a panel of qualified judges (selected by Island Family and Island Baby Magazines in their sole discretion), whose decisions regarding the Contest and related matters are final and binding, will select from all eligible entrants who uploaded a Photo during the Submission Phase forty (40) semi finalists: four (4) from the IF Cover Kids baby boys category, four (4) from the IF Cover Kids baby girls category, six to eight (6-8) from the IF Cover Kids little boys category and six to eight (6-8) from the IF Cover Kids little girls category, six to eight (6-8) from the IF Cover Kids big boys category, six to eight (6-8) from the IF Cover Kids big girls category, two (2) from the IF Cover Kids tween boys category, two (2) from the IF Cover Kids tween girls category (the "semi finalists"). The judges will make this decision based upon the following judging criteria: 34% overall appearance of the child as shown in the Photo, 33% overall personality of the child as expressed through the Photo and 33% quality of the Photo. In the event of a tie between two (2) or more entries for the last Finalist, the entry with the highest score for overall appearance will be deemed the Finalist. Should a tie remain, a new judge (determined by Island Family and Island Baby Magazines in their sole discretion) will re-judge the remaining tied entries based upon all criteria set forth above. If the qualified panel is unavailable for any reasons to judge the Finalist Photos, then new judges shall be selected by Island Family and Island Baby Magazines in their sole discretion.
(b) Voting and Contest Winner Determination: During the Voting Phase, Sponsors will post one (1) photograph of each of the forty (40) semi finalists taken by a professional photographer during the IF Cover Kids photo shoot described in Section 6 below and at islandfamilymagazine.com, khnl.com/Global/story.asp?S=10799418, krater96.com. Sponsors shall have the sole and exclusive right to determine which photograph of each Finalist will be posted on the website during the Voting Phase. During the Voting Phase, and using the same voting criteria listed above, visitors to the website will be invited to cast one (1) vote each day in each category for the Finalist the voter feels should be featured in an upcoming Island Family or Island Baby magazine cover. Each visitor may vote one (1) time per day per category during the Voting Phase. Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, mailing addresses, identities or any other methods will void that voter's votes, his/her Photo(s) (if any) will be void and removed from public voting and he/she will be disqualified from the Contest. Voters must be eighteen (18) years of age at the time of voting and legal residents of Hawaii.
The twenty four (24) Finalists that received the highest number of votes by the judges and/or online votes will be finalists. Sixteen (16) Finalists will be deemed the Grand Prize winners. The Finalists who did not receive the highest number of votes will be deemed Runner-up winners. In case of a tie or fraud, Sponsors, in their sole discretion, will select the Grand Prize winner based upon the photographs that feature a child they deem to best represent Island Family and Island Baby Magazines and meet eligibility requirements.
6. FINALIST VERIFICATION/DISQUALIFICATION: Potential Finalists will be notified on or about November 10, 2009 by phone, email, and/or mail using the contact information given at the time of entry. Each potential Finalist (parent or legal guardian) will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") within two (2) days from the date of notification. Potential Finalists will also be required to execute releases and photo releases for Island Family and Island Baby Magazines, KHNL 8 television and KRATER96 radio. If a potential Finalist does not return such documentation within the required timeframe, then he/she will be disqualified. The Sponsors, in their sole discretion, may disqualify a Finalist for any reason relating to behavioral issues with respect to the Finalist's child and/or illness/death of Finalist's child. In the event of disqualification, Sponsors will select another potential Finalist in accordance with the judging procedures listed in Section 5(a), up to two (2) times (if time permits), after which the applicable Finalist Prize will not be awarded.
7. CONTEST GRAND PRIZE WINNERS VERIFICATION: The potential Grand Prize and Runner-up winners will be notified in person at the live event on November 14, 2009. Each potential Grand Prize and Runner-up winner (parent or legal guardian if winner is a minor in his/her state of residence) will be required to sign and return an Affidavit within five (5) days from the date of notification. If a potential Grand Prize or Runner-up winner does not return the Affidavit within the required timeframe, the prize will be forfeited. If requested, winners agree to conduct any and all media interviews (including, but not limited to, radio and television) related to the Contest and not to disparage the Sponsors. The Grand Prize winners may be asked to conduct media interviews in December 2009 or January 2010. Failure to comply with this requirement for any reason, or return of prize notification or prize as undeliverable, or noncompliance with these Official Rules will result in forfeiture of the prize and selection of an alternate potential winner. In the event that any potential winner is disqualified for any reason, the prize will be awarded to the Finalist who received the next highest votes whose Photo is in the same category as the disqualified Grand Prize winner. Sponsors will successively attempt to contact up to two (2) alternate winners in accordance with the above procedure, after which the applicable prize will not be awarded.
8. PRIZES: Sixteen (16) GRAND PRIZES: Winners will receive an Island Family and Island Baby magazine photo shoot prize package, consisting of: a professional photo shoot and fifty (50) composite cards with four (4 poses) and one 8 x 10 glossy of one pose or two 5 x 7 glossies of two poses; one (1) year's worth of milk from Diversified Foods ($250 Hershey brand), $60 in products from Chicken of the Sea, Kimberly Clark and Cottonelle. $150 in gift certificates or products from Family Foods (brands TBD); $50 Island Family and Island Baby Magazine gift pack. Approximate Retail Value ("ARV"): $1,000. Limit: One (1) Grand Prize per person.
Eight (8) RUNNER-UP PRIZES: Runner-up winner will receive: a $25 gift pack from Island Family and Island Baby Magazines; and a case of milk ($25) from Diversified Foods, $25 gift pack from Chicken of the Sea, Kimberly Clark and Cottonelle, $25 in products from Family Foods. Approximate Retail Value ("ARV"): $100.
For Photo Shoot: Sponsors are not responsible if the photo shoot is delayed, postponed or cancelled for any reason or if Island Family and Island Baby magazine does not permit a Grand Prize winner's child to appear in any related marketing, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsors' sole discretion.
For Gift Cards/Certificates: Terms and conditions of gift cards and gift certificates apply.
For All Prizes: No cash equivalent, all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsors' sole discretion. Sponsors reserve the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Finalist Prize and one (1) Grand or Runner-up Prize per person. In no event will more prizes be awarded than those listed in these Official Contest Rules. Total ARV of all prizes: $18,200.
9. PUBLICITY, ADVERTISING AND MERCHANDISING: Except where prohibited, participation in the Contest constitutes the Finalists' and Grand Prize winners' irrevocable consent and release to Sponsors and their agents to use, record, reproduce, publish, display, perform and translate: (1) the name, likeness, voice, quotations, opinions and biographical information of the Finalists/Runners-up/Grand Prize winners, including without limitation any photograph or recording, for promotional purposes in any media, worldwide, without further payment or consideration; and (2) the name, likeness, voice and biographical information of the Finalists'/Runners-up/Grand Prize winners' child, including without limitation any photograph or recording, for any promotional purpose in any media, worldwide, and/or for any other commercial or non-commercial corporate purpose, including without limitation use on merchandise or for marketing, without attribution or further payment or compensation to the entrant, his/her successors or assigns or any other entity.
10. GENERAL RULES: By entering or participating in the Contest, entrants agree to be bound by these Official Rules. Sponsors assume no responsibility for electronic hardware, programming or software malfunctions, or failures, or line connections, accessibility or availability, or technical failures of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of any entry or other information, or for the failure to capture any such information. Sponsors are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. Further, if, for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsors, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsors reserve the right, at their sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winners or Finalists for the Contest, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsors.
Entrants, by participating in this Contest, hereby waive and release, and agree to hold harmless the Sponsors, the Administrator, all promotions and advertising agencies, and their respective parents, subsidiaries, affiliates, distributors, advertising and promotions agencies and all of their respective officers, directors, employees, representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the prize in the Contest, or their participation in the Contest, or their participation in any Contest or prize related activity, or any travel related to the Contest or any travel for any prize related activity. Winners and Finalists also further acknowledge that Sponsors, their affiliates, subsidiaries, employees, officers, directors, and promotions and advertising agencies have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Contest including but not limited to quality, condition or fitness for a particular purpose.
11. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Honolulu (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages 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 Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Hawaii, 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 the State of Hawaii.
12. PERSONAL INFORMATION: The personal information collected through the Contest is subject to Sponsors' privacy statements set forth at khnl.com/Global/story.asp?S=10799418, krater96.com, as well as online at Island Family and Island Baby magazine,islandfamilymagazine.com. Any personal information handled by an agency or vendor of Sponsors, will be done solely on their behalf and all such information shall be handled exclusively in conformance with Sponsors' privacy statements.