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SpacePOP October Challenge Terms and Conditions

Last Updated: Oct 05, 2016 09:00PM EDT

SpacePOP Storybird Contest


OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ENTRY MATERIALS FOR WINNING ENTRIES MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, INCLUDING BUT NOT LIMITED TO ON SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS, AS DESCRIBED BELOW.

 

ELIGIBILITY: THE CONTEST IS OPEN TO ENTRANTS WITH A STORYBIRD PROFILE. CONTEST ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA AND ARE AT LEAST 7 YEARS OF AGE AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID OUTSIDE THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW.  THE CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees of Genius Brands International, Inc. (the “Sponsor”), Storybird Inc. and each of their respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, event production, fulfillment and/or judging agencies, and related entities (collectively, the “Related Entities”), and their  immediate family members (mother, father, brothers, sisters, sons, daughters, spouse, step-parents, step-children and step-siblings regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter this Contest or  win a prize. All federal, state and local laws and regulations apply. 
 

HOW TO ENTER: To enter the Contest, (i) Have an active Storybird account or sign up for a FREE Storybird account at storybird.com (under 13s require parental permission) and (ii) Create a Poem using the SpacePOP word sets designated for the contest. Additional personal information will NOT be collected from any individual who enters this Contest at the time of entry. If selected as a Winner, entrant will be required to have his/her parent or legal guardian complete, sign and return a Prize Verification Form (which will require the parent or legal guardian to agree to these rules) in order to redeem the prize. You may enter as often as you wish, but each Entry must be different. Entrants must have internet access and a valid Storybird account at the time of entry in order to participate. Student accounts are not eligible.


Entries may not contain, as determined by Sponsor’s sole discretion, any content that:

  • Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, sexual orientation or identity, religious, professional or age group; profane or pornographic; obscene or offensive;
  • Feature celebrities or public figures or any animated characters that Genius Brands International, Inc. does not own; 
  • Promotes consumption of alcohol; promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
  • Defames, misrepresents or contains disparaging remarks about other people or companies;
  • Contains trademarks, trade names or copyrighted materials owned by others;
  • Contains any personal identification, such as license plate numbers, personal names, email or street addresses;
  • Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or
  • Violates any law or infringes upon the rights of any other person or company.

 

Sponsor reserves the right to monitor all Entries.  By an Entrant winning a prize in this Contest, the parent or legal guardian of the Winner will be required to allow Sponsor to post that winning entry at Sponsor’s website or on Sponsor’s social media platforms including but not limited to Facebook, Twitter, Instagram, Pintrest, Tumblr, Google+, Vine and YouTube at Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry submitted by any Entrant. The use of an Entry by Sponsor or any Related Entity does not have any effect on the judging process or winner selection process. Entries posted are the views/opinions of the individual entrant and do not reflect the views of the Sponsor in any manner. By an Entrant winning a prize in this Contest, the parent or legal guardian of the Winner will be required to grant the Sponsor and the Related Entities a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s first name), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the entrant or parent or legal guardian, except where prohibited by law. In addition, the parent or legal guardian of each Winner forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require the parent or legal guardian’s permission to use the Entry (or any part thereof) for the purposes stated herein. By an Entrant submitting an Entry, the parent or legal guardian of the entrant warrants and represents that the Entry is original and was created solely by his/her child, and that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor will disqualify the Entry. Use of robotic, automatic, or macro devices is not valid for Entry. Any Entry that is submitted with the use of a robotic, automated or macro device will be void. If an entrant posts updates to or receives updates via SMS from his/her wireless phone, that wireless-service provider may charge for each text message sent and received and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans. By an Entrant submitting an Entry, the parent or legal guardian of the entrant agrees to abide by the terms of these Official Rules, the decisions of the Sponsor and Related Entities, and the Sponsor’s Privacy Policy available at http://gnusbrands.com/privacy.

 

DIGITAL MILLENNIUM COPYRIGHT ACT: Once a Submission is entered into the Contest, any such posting will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. THE PARENT OR LEGAL GUARDIAN OF EACH WINNING ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR. If requested, the parent or legal guardian of each winning Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights the winning Entrant is granting to use the Submission.

 

SELECTION OF WINNERS: Winners will be selected by a panel of judges from Storybird and Genius Brands. Entries are subject to verification of eligibility and compliance with the terms of these Official Rules.

 

PRIZES AND THEIR CORRESPONDING APPROXIMATE RETAIL VALUES (“ARV’S”): THREE (3) GRAND PRIZES:  Three (3) Winners will receive one (1) SpacePOP book signed by the author and one (1) SpacePOP CD. ARV of Grand Prize: $24.98; TOTAL ARV OF ALL PRIZES: $74.94. No cash substitutions, prize substitutions, assignment, or transfer of any prize permitted. In the event an advertised prize is unavailable for any reason, Sponsor reserves the right, at its sole discretion, to substitute a prize of equal or greater value.  PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED.

 

WINNER NOTIFICATIONS: All potential winners will be notified by email using the contact information provided when registering for a Storybird account. The parent or legal guardian of each potential Winner will be emailed a Prize Verification Form and Publicity Release of the corresponding potential Winner and parent or legal guardian will be required to complete, sign and return the Prize Verification Form (and where permitted) a Publicity Release to Sponsor within five (5) business days. In the event a parent or legal guardian does not return the completed and signed Prize Verification Form (and where permitted) a Publicity Release within five (5) business days, that Winner will be disqualified and the prize will be awarded to an alternate Winner in a random drawing from among all remaining eligible entries received. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and prize forfeiture and, at Sponsor’s sole discretion and may cause an alternate potential Prize Winner to be randomly selected from among all remaining eligible entries received. 

 

WAIVER OF LIABILITY/PUBLICITY RELEASE: By an Entrant participating in the Contest and submitting an entry, the parent or legal guardian of that Entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of the Prize (or any portion thereof) or any activity related to the receipt or use of a Prize (or any portion thereof).By a prize Winner accepting a prize, the parent or legal guardian of each prize Winner grants to Sponsor, and each of their respective designees the right to publicize such Prize Winner’s first name, photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. Sponsor is not responsible for fraudulent calls or e-mails made to potential Winners not by Sponsor.
 

GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, incorrect, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, misaddressed, undelivered, mutilated or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of a Prize or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Sponsor, and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, in their sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Prize Winners and award the Prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.

 

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Nevada law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. 

 

BY AN ENTRANT PARTICIPATING IN THE CONTEST, THE PARENT OR LEGAL GUARDIAN OF THE ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ENTRANT OR PARENT OR LEGAL GUARDIAN BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT AND PARENT OR LEGAL GUARDIAN HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S OR PARENT OR LEGAL GUARDIAN’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT AND PARENT OR LEGAL GUARDIAN IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT, PARENT OR LEGAL GUARDIAN.

 

GOVERNING LAW & JURISDICTION: The Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California 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 “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Los Angeles.

 

WINNERS LIST/OFFICIAL RULES:  To obtain a list of Winners, (available after October 28, 2016) or a copy of these Official Rules, send a self-addressed stamped envelope to be received by November 30, 2016 to: SpacePOP Storybird Contest c/o Genius Brands International, Inc., 301 North Canon Drive, Suite 305, Beverly Hills, CA 90210. Vermont residents do not need to affix return postage.  Please indicate if you would like to receive a copy of these Official Rules or a Winners List. 

 

SPONSOR: The Sponsor of this Contest is Genius Brands International, Inc., 301 North Canon Drive, Suite 305, Beverly Hills, CA 90210. 

 

NATURE OF SPONSOR'S BUSINESS: Global brand management company that creates and licenses multimedia content for toddlers and tweens.  

© 2016 Genius Brands International, Inc.  All rights reserved.

 

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