THE FOSTERS FAMILY STORIES CONTEST OFFICIAL RULES ("Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. SPONSOR: International Family Entertainment, Inc., dba Freeform (“Sponsor”), 3800 W. Alameda Avenue, Burbank, CA 91505, is solely responsible for all aspects of this contest (“Contest”).
2. ADMINISTRATOR (“Administrator”): Ventura Associates International LLC, 60 East 42nd Street, Suite 650, New York, NY 10165, an independent judging organization whose decisions are final and binding with respect to the Contest.
3. ELIGIBILITY: To be eligible for this Contest, at the time of entering you must: [a] be 18 years of age, or the age of majority in his/her jurisdiction of residence, whichever is older, as of date of entry, [b] be a legal resident of, and physically residing in one of the fifty (50) United States or the District of Columbia ("Territory"); [c] not be an employee of the Sponsor, Administrator; their parent, divisions, affiliates, subsidiary company or their advertising, promotion or fulfillment agencies involved in this Contest (collectively, "Entities"), nor a household member or immediate family member of such employee; [d] not have any contractual relationships which could interfere with or prohibit you from entering and fully participating in the Contest (the Sponsor retains the right to determine in its sole discretion if an existing agreement represents a conflict); and [e] be willing to have your Entry (as defined below in Section 4) published in advertising and marketing materials used to promote and advertise the Freeform television show The Fosters (“Series”) or otherwise distributed, in connection with, or to promote, the Contest and/or Freeform.com/FostersFamilyStories (“Website”), and/or for any other commercial or other purpose as determined by Sponsor.
Void where prohibited and subject to all applicable federal, state, local, and municipal laws and regulations.
“Household member” shall mean people who share the same residence at least three (3) months a year, whether related or not. “Immediate family member” shall mean parents, step-parents, grandparents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. For the avoidance of doubt, the above categories of ineligible persons refer to both the Entrant and anyone in the Photo, Video or Story (as defined in section 4 below).
For purposes of these Rules, all times and days are Pacific Time (“PT”). Sponsor's computer is the official time keeping device for this Contest; and the awarding of any prize is subject to the eligibility and forfeiture provisions set forth herein. Normal Internet access and usage charges imposed by your on-line service will apply. It is your sole responsibility to notify the Sponsor if you, as an Entrant (as defined in section 4 below), change your email address (“Address”).
4. BRIEF OVERVIEW OF CONTEST:
Contest is being conducted in two (2) phases as follows:
Phase 1/Entry Phase: You, as the entrant (“Entrant”) may enter this Contest starting at 12:00 PM (PT), April 19, 2017, and ending at 12:00 PM (PT) September 21, 2017 ("Entry Period"), by completing the following steps:
[a] create a photo (“Photo”) in which you as either (i) as one person, or (ii) as part of a group with up to ten (10) other people who are part of your Story (as defined below) (for a total of eleven (11) total members including yourself) (each, an “Individual”; collectively, a “Group”) and write a personal story that describes in five hundred (500) words or less how your life was positively impacted by the Series or how you relate to the Series (“Story”), or
[b] create a video (“Video”) (of no more than five (5) minutes in duration) in which you as either (i) as one person, or (ii) as part of a group with up to ten (10) other people who are part of your Story (for a total of eleven (11) total members including yourself) describes how your life was positively impacted by the Series or how you relate to the Series, and include a Story.
[c] follow the instructions (“Instructions”) within these Rules and posted on the Website to create your Photo or Video and Story; and [d] submit your Photo or Video, Story and complete an entry form (“Entry Form”) on the Website (Photo or Video, Story and Entry Form are collectively referred to herein as "Entry" and “Entries”). Incomplete Entries will be disqualified. See Section 10C(ii) for more details on the use of Disney intellectual property (“Disney IP”) or The Fosters intellectual property (“Fosters IP”). No purchase is necessary to enter this Contest or for the creation of the Entry nor will it increase your chances of winning. Grand Prize will be awarded solely to the winning entrant. Video must be less than 300 Megabytes in file size and submitted in avi, .wmv, .asf, .mov, .3gp, .mp4, .mpg, or .m4v file format. Photo must be less than 10MB in file size and in jpg file format.
No background music can be used in your Video. Entries must be appropriate for PG audiences as determined by Sponsor.
ALL INDIVIDUALS WHO APPEAR IN THE PHOTO OR VIDEO OR ARE MENTIONED IN THE STORY MUST CONSENT TO BE INCLUDED IN THE PHOTO, VIDEO OR STORY AND THE CONTEST AND MUST AGREE TO ALL USES PER SECTION 3 HEREOF. IF ANY MEMBER OF YOUR GROUP IS A MINOR, THEN THEY MUST BE 13 YEARS OF AGE OR OLDER AND YOU MUST HAVE CONSENT FROM THEIR PARENT OR LEGAL GUARDIAN (“PARENT”) TO INCLUDE THEM IN THE PHOTO, VIDEO OR STORY. EACH INDIVIDUAL WILL BE DEEMED A THIRD PARTY PARTICIPANT FOR ALL PURPOSES HEREUNDER INCLUDING, WITHOUT LIMITATION, THE TERMS OF PARAGRAPH 5(h) BELOW.
Limit one (1) Entry per Entrant, regardless of whether an Entrant has more than one (1) Address or more than one Entrant uses the same Address. Each Entry must be unique, and you cannot submit the same Entry more than once. If you attempt or are suspected of attempting (in the sole discretion of Sponsor or Administrator) to circumvent this limitation by any means, including but not limited to establishing multiple Addresses, you may be disqualified from the Contest. Any duplicate or materially similar Entries will be disqualified. In the event that the same Entry is received from more than one (1) Entrant, the Entry will be deemed to be submitted by the first Entrant who the Entry was received from.
Phase 2/Judging/Winner Selection Phase: Entries will be judged by Sponsor’s appointed panel of judges consisting of employees of Sponsor ("Judges") who will score the eligible Entries based on the following criteria ("Criteria"): Passion (30%), Creativity (30%), and Quality (40%). The highest scoring Entry will be determined the potential winner.
TIED ENTRIES: In the event of a tie, the tie will be broken by the Judges based on the first Criterion – Passion. The decision of the Judges shall be final and binding.
When creating your Entry, please adhere to the Do’s & Don’ts below and on the Website.
DO’s & DON'Ts
Do get their Parent’s permission if you include a Minor in your Photo, Video or Story. Each person who is seen in the Photo or Video or mentioned in the Story must be 13 or older, and if he/she is a Minor, he/she must have their Parent’s permission to participate in the Photo or Video and to enter the Contest.
Do protect your privacy. Please avoid personal information in your Entry. Also, only include names and/or likenesses of person(s) who have consented to be included in the Contest. Do not include confidential information in your Entry.
Don't show any brands or logos. That means no prominent and/or visible/recognizable use of brands or logos (other than Disney IP and Disney or The Fosters-branded items) in the background or any part of the Entry.
Don't include any names and/or likenesses of any person in the Photo or Video and Story without first obtaining written permission from such person. You will be responsible for getting written permission from any person included in your Photo or Video and Story.
Don’t include more than eleven (11) people total (including yourself) in your Entry.
Don't be rude or use profanity. Avoid bad language, rude gestures and other inappropriate stuff, and for your safety, don't try any risky moves.
Don’t wear revealing clothing or display suggestive movements.
Don't submit a Photo or Video that is too big or in the wrong file format or go too long on the Video or Story.
5. CONTEST ENTRY REQUIREMENTS: All Entries must meet the following requirements and specifications to be eligible:
a. The Entry must be authorized. This means that you must have the legal right and any and all permissions necessary to submit the Entry into the Contest. By submitting the Entry, you hereby represent that you have all rights necessary to distribute the Entry through the Website or any other website and to grant to Sponsor the rights set forth herein.
b. With the exception of any Disney IP or Fosters IP you may use, the Entry must be your original work and must not infringe the copyright, trademark, privacy, publicity or any other intellectual property right of any person or entity.
c. The Entry must meet all specifications set forth by Sponsor in these Rules, including, without limitation, file size, file format, and length and those specifications described in the Rules.
d. The Entry must not, in the sole discretion of Sponsor, contain any inappropriate content including but not limited to, material which is (or promotes activities which are) abusive, harassing, threatening, an invasion of a right of privacy of another person, bigoted, hateful, racially offensive, discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), vulgar, obscene, pornographic or otherwise sexually explicit, harmful or can reasonably be expected to harm any person or entity, profane, offensive or otherwise objectionable as determined by Sponsor and/or Administrator in their sole discretion; must not contain material which is (or promote activities which are) illegal or encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them (including but not limited to Entries that are, or represent an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, underage drinking, drug dealing and/or drug abuse, harassment, computer hacking, theft, or conspiracy to commit any criminal activity) or otherwise unlawful. The Entry must not violate these Rules or the TOU.
e. The Entry must not disparage the Entities.
f. With the exception of any Disney IP or Fosters IP you use in your Entry, you represent and warrant that: (i) you are the sole and exclusive creator and owner of the Entry, and all rights thereto; (ii) you have the full and exclusive right, power and authority to submit the Entry to Sponsor upon the terms and conditions set forth herein; (iii) the Entry has not been previously published nor has it received any previous awards and/or prizes; (iv) no rights in the Entry have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited; and (v) the full use of the Entry or any part thereof will not in any way violate or infringe upon any copyright (statutory or otherwise), constitute a libel or defamation of or an invasion of the rights of privacy or publicity of, or otherwise violate or infringe upon any other personal, property or other rights of any person, firm, corporation or other entity or subject Sponsor to any costs or liability of any kind or nature whatsoever.
g. Any Entry that fails to meet Sponsor's specifications may be disqualified. All Entries must be received during the Entry Period. In the event that the same Entry is received from more than one (1) Entrant, only the first Entry received will be accepted. Any Entry received after the applicable Entry Period will be disqualified. Proof of submitting an Entry does not constitute proof of receipt or entry into the Contest.
h. You are responsible for, and must have obtained, prior, written approval from any identifiable person (or such person’s Parent if such person is a Minor) that appears in, is mentioned in, or otherwise contributed to the Entry (each a “Third-Party Participant”) for you to include such person in the Entry. By entering, you represent and warrant that you have obtained such permission and all other necessary authorizations from any Third-Party Participant (or such Third-Party Participant’s Parent if Third-Party Participant is a Minor) allowing use of such person’s name, likeness or contribution in the Entry, and you and each Third-Party Participant (or such Third-Party Participant’s Parent if Third-Party Participant is a Minor) agree to and do hereby assign all rights for usage to Sponsor. You may be required, at any time, to provide Sponsor with evidence of all such written permission(s) and authorizations immediately upon request, or you may be disqualified and rendered ineligible to receive a prize in this Contest.
6. SPONSOR'S RIGHT TO DISQUALIFY: Sponsor reserves the right, in its sole discretion, to disqualify and remove any Entry that is not in compliance with the TOU or these Rules, including without limitation, any Entry that Sponsor believes potentially or actually infringes upon the copyrights, or other rights of any third party, or any Entry that is inappropriate, objectionable, or unsuitable for the uses contemplated in these Rules. In the event that a winner is disqualified, the prize will be forfeited and may or may not, at Sponsor’s sole discretion, be awarded to an alternate winner selected from among the remaining eligible Entries.
7. ONE (1) GRAND PRIZE (“PRIZE”)/APPROXIMATE RETAIL VALUES (“ARV”): Grand prize winner (“Winner”) will receive a gift basket (ARV: $200). Gift basket includes: (a) Freeform tote bag, (b) Freeform notebook, (c) The Fosters signed script, (d) Freeform t-shirt, (e) Freeform sunglasses, (f) autographed mini poster, and (g) The Fosters water bottle.
Winner may also have their Photo or Video and/or Story (in whole or in part) exhibited on the Website, and/or Sponsor’s website and/or social media channels at discretion of the Sponsor.
Prize is not redeemable for cash or transferable. No substitution allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted. Prize must be validly claimed by November 30, 2017, after which date no alternate Winner will be selected, nor unclaimed Prize awarded. Prize is subject to verification of eligibility, execution of an Affidavit/Release and compliance with these Rules and the TOU. All taxes are solely the responsibility of the Winner.
8. WINNER NOTIFICATION PROCESS: The potential Winner will be notified by email to his/her Address on or about September 29, 2017. At the sole discretion of the Sponsor, disqualification and the selection of an alternate Winner may result from any of the following, without limitation: [a] a potential Winner’s failure to respond to notification within forty-eight (48) hours after its transmission; [b] the return of an email notification as undeliverable; [c] a potential Winner’s failure to provide Sponsor with satisfactory proof of age, identity, residency and clearances; [d] a potential Winner’s failure to execute and return by e-mail or fax any Sponsor-requested documents including without limitation, a depiction and materials release/publicity release for each Entrant or other person depicted and/or mentioned in the Entry (collectively, "Winner Releases") within two (2) business days after transmission; [e] any other non-compliance with these Rules or TOU. In the event of a disqualification or Prize forfeiture, the Sponsor may, in its sole discretion, select or not select, an alternate Winner and award or not award the forfeited Prize.
10. GENERAL RULES:
a. Disputes Over Winner's Identity: In the event of a dispute as to the identity of a Winner based on the Address, the winning Entry will be declared made by the Authorized Account Holder of the Address. For purposes of these Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an Address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning Addresses for the domain associated with the submitted Address.
b. Site Marks: By participating in the Contest, you acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sponsor in writing, you agree not to use, reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works from content on the Website, including its interface, in whole or in part, or any other logos and product and service names that are trademarks of the respective owners (the "Website Marks"). Unless you have written permission, you hereby agree not to display or use in any manner the Website Marks.
i. Name and Likeness Rights: By participating in the Contest and accepting a Prize, you grant to Sponsor and its advertising and promotion agencies, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide right to use the names, likenesses, voices and biographical information, of Entrant and any other person(s) appearing in the Entries. All rights granted to Sponsor in this paragraph shall be in all media formats and channels now known or hereafter devised (including, but not limited to, on the Website, on third party websites, on Sponsor's broadcast and cable networks and stations, on Sponsor's broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
ii. Entry/Entry Rights: By participating in the Contest and accepting any award, you grant to Sponsor:  a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit your Entry, in whole or in part, in all media formats and channels now known or hereafter devised (including on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity;  if your Entry includes, uses and/or features Disney IP or Fosters IP, Sponsor grants you a non-exclusive license to create the Entry using Disney IP or Fosters IP for the purposes of creating an Entry for this Contest only, provided that such license shall be conditioned upon your assignment to Sponsor of all rights into the Entry (if such rights are not assigned to Sponsor, your license to create the Entry using Disney IP or Fosters IP shall be null and void); and  not withstanding any other provisions in these Rules you agree that if your Entry is a Prize winning Entry, you agree to sign an affidavit assigning all rights in and to your Entry to Sponsor.
d. Not Responsible for Errors or Entries not Received: Sponsor is not responsible for any human, typographical or other errors in the printing of the Rules, marketing materials and/or the Website, administration of the Contest or the announcement or distribution of the Prize, or for lost, late, misdirected, damaged, incomplete or illegal Entries.
e. No Confidential or Fiduciary Relationship: You understand and agree that creative ideas, suggestions or other materials you submit are not made in confidence or trust and that no confidential or fiduciary relationship is established by your submitting the Entry hereunder, that you have no expectation of review, compensation or consideration of any type and nothing in these Rules or as a result of your submitting the Entry shall be deemed to place Sponsor in any different position from anyone else to whom you have not submitted the Entry.
f. Comments: You agree that Sponsor, its affiliates, and its and their third-party vendors engaged to implement this Contest, are authorized to display the Entries for promotional or any other purpose.
g. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, an insufficient number of Entries, or any other causes beyond Sponsor's control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, extend and/or suspend the Contest and/or to award the Prize based on alternate means including, without limitation, based on Entries received prior to termination.
11. RELEASE, WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION/CONDITIONS: You expressly understand and agree that: [a] You hereby release and hold harmless the Entities, and their respective agents, employees, officers, directors, shareholders, representatives and independent contractors (the "Released Parties") from any and all liability for claims, demands, losses and liabilities, including, without limitation, for death and bodily injury, resulting, in whole or in part, directly or indirectly, from your participation in the Contest and/or the use or acceptance of any Prize won; [b] YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE CONTEST IS AT YOUR SOLE RISK. THIS CONTEST IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; [c] You agree to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities (including, but not limited to, attorneys' and experts' fees, costs and disbursements), demands and actions of every kind and nature, whether or not now known or suspected (collectively, "Claims"), arising out of or in connection with (i) your participation in the Contest; (ii) any Entry submitted by you (including, but not limited to, any and all Claims of third parties, whether or not groundless, based on the Entry of such material); (iii) any posting by you on Sponsor's Website; (iv) the use by Released Parties of any of the rights granted by you in connection with the Contest; and (v) any breach by you of any warranty, agreement or representation contained in these Rules or TOU or in any documentation submitted by you; [d] any and all Claims shall be resolved individually, without resort to any form of class action; [e] Winner’s acceptance of any prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the prize (“Fulfillment Filming”), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works from, and otherwise use and permit others to use the Fulfillment Filming throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, for any commercial or promotional or other purpose, except where prohibited by law; [f] Sponsor’s use of the Fulfillment Filming as described herein will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees; and [g] Sponsor shall have the right to make such changes to the Fulfillment Filming and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Fulfillment Filming in perpetuity, in its entirety or in part, for any commercial or promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution.
a. Sponsor is not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of any Entries submitted, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind, or any inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet.
b. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY YOU IF YOU TAMPER OR ARE SUSPECTED OF TAMPERING WITH THE ENTRY PROCESS. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OWNED OR OPERATED BY SPONSOR, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM YOU TO THE FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE CONTEST.
13. GOVERNING LAW: All issues and questions of your rights and obligations in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the borough of Manhattan. Any legal controversy or legal claim arising out of or relating to these Rules or this Contest, shall be settled by binding arbitration in accordance with the terms set forth in the TOU.
14. WINNER AND/OR RULES: For a copy of the Rules and/or the name of the Winner, send a separate, stamped, self-addressed envelope to: Fosters Family Stories Contest Winner/Rules Requests, c/o Ventura Associates, Dept. HD, 60 East 42nd Street, Suite 650, New York, NY 10165, designating either Winners list or Rules. Requests must be received no later than October 31, 2017.
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