KIDSMART AND BLUES FOR KIDS FOUNDATION SWEEPSTAKES

OFFICIAL RULES

 

OPEN ONLY TO LEGAL RESIDENTS OF MISSOURI AND ILLINOIS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER AS OF SEPTEMBER 10, 2018.

 

  1. Overview: KidSmart and the Blues for Kids Foundation promotion (the “Sweepstakes“) begins on the KidSmart website (www.kidsmartstl.org) on Monday, September 10, 2018 and ends on Wednesday, October 10, 2018 (the “Sweepstakes Period”). By participating in the Sweepstakes, each entrant (the “Participant“) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of KidSmart and the Blues for Kids Foundation (the “Sponsors“), which shall be final and binding in all respects. Winning any prize is contingent upon fulfilling all requirements set forth herein.

 

  1. Eligibility: The Sweepstakes is open only to legal residents of Illinois and Missouri who are at least eighteen (18) years old as of September 10, 2018. Participation constitutes Participant’s full and unconditional agreement to these Official Rules and the Sponsors’ decisions, which are final and binding in all matters related to the Sweepstakes. Winning any prize is contingent upon fulfilling all requirements set forth herein. The Sponsors’ decisions as to the administration and operation of the Sweepstakes are final and binding in all matters related to the Sweepstakes. Notwithstanding anything herein to the contrary, persons in any of the following categories are NOT eligible to participate or win prizes in the Sweepstakes: any person who on or after July 27, 2018, was or is: (a) a director, officer, employee, agent, or independent contractor of Sponsors, or any parent company, subsidiaries, affiliates, distributors, dealers, sales representatives, web masters/suppliers, advertising and promotional agencies, other service agencies, or any entities retained by Sponsors for the administration of the Sweepstakes; (b) an individual engaged in the development, production or distribution of Sweepstakes materials; and (c) an immediate family member (defined as spouse, IRS dependent, or biological, adoptive or step- mother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who resides in the same household as, any person in any of the preceding categories.

 

  1. Sponsors: KidSmart, 8816 Manchester Road #287, St. Louis, Missouri 63144 and the Blues for Kids Foundation, 1401 Clark Avenue, St. Louis, Missouri 63103.

 

  1. How to Enter: During the Sweepstakes Period, visit the KidSmart website (www.kidsmartstl.org) to donate five dollars ($5). Every five-dollar ($5) donation will receive one (1) entry into the Sweepstakes. There is no limit to the amount of donations that can be made. However, the amount of entries a Participant receives is directly related to the Participant’s donation, divided by five, so that a Participant donating $19 receives three entries, but a Participant donating $20 receives four entries.

 

  1. Prizes and Prize Redemption: All eligible Participants are entered for a chance to win one (1) of eleven (11) prizes. Ten (10) eligible Participants will be chosen at random to receive a signed hockey puck (worth $5). One (1) eligible Participant will be chosen at random to receive a signed hockey stick (worth $200) and two (2) Plaza Level tickets (worth $200). Winners will be notified via the phone number or email address provided by the Participant by October 19, 2018. All prizes must be picked up in person by Participants within thirty (30) days. Sponsors are not responsible if any winner is unable to be notified via the contact information submitted in order to enter the Sweepstakes. Any winner that Sponsors are unable to (i) directly get into contact with or (ii) verify meet the eligibility requirements, forfeits his/her prize. Winners that do not pick up his/her prize within thirty (30) days, forfeit such prize.

The odds of winning are dependent upon the number of eligible entries received. The prizes are non-assignable and non-transferable and no substitution will be made except as provided herein at the Sponsors’ sole discretion. The Sponsors reserve the right to substitute any prize for one of equal or greater value if the designated prize should become unavailable for any reason. The prizes consist of only those items specifically stated as part of the prize. Participants shall be responsible for all federal, state and/or local income taxes incurred in association with acceptance of the prize. Further, all other expenses, fees, and costs associated with the acceptance or use of the prize that are not expressly specified in these Official Rules as being part of the prize are the sole responsibility of the Participants. Participants must comply with all laws and regulations, as applicable. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.

 

  1. Release: By receipt of any prize, Participant agrees to release and hold harmless Sponsors and each of their parent companies, affiliates, subsidiaries, distributors, dealers, sales representatives, web masters/suppliers, advertising and promotional agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes, and/or receipt or use or misuse of any prize.

 

  1. Publicity: Except where prohibited, participation in the Sweepstakes constitutes the Participant’s irrevocable, unrestricted consent to Sponsors’ and their agents’ worldwide right to use, publish, display, broadcast, and distribute materials bearing Participant’s name, likeness, image, photograph, voice, opinions, hometown and state, and/or any other identifiable representation of Participant including, but not limited to, statements attributable to Participant (“Participant’s Likeness“), without further payment or consideration. Participant hereby waives any and all rights to inspect or approve Sponsor’s use of Participant’s Likeness, or any part or element thereof.

 

  1. General Conditions: Sponsors reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsors in their sole discretion. Sponsors reserves the right, in their sole discretion, to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

 

  1. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information (whether caused by Sponsors, Participants, printing errors, clerical errors, typographical errors, or other errors in any Sweepstakes materials or printed copy or artwork) or any errors by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, website errors or trouble connecting or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Participant’s participation in the Sweepstakes, and/or receipt or use or misuse of any prize including, but not limited to, those related to defamation, portrayal in a false light or privacy rights, resulting from or in connection with participation in the Sweepstakes or from acceptance, receipt, possession and/or use or misuse of a prize, including from the posting or publication of any information or portion thereof online or in any media. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

Some prizes may be shared by the winner, or allow someone to accompany or share in the prize with the winner. For such prizes, by accompanying a winner or sharing in the prize with a winner, any winner’s guest(s) or accompanying party(ies) agree to be bound by all Official Rules governing the Sweepstakes.

 

  1. Disputes: Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes 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 the Eastern District of Missouri or the appropriate Missouri State Court located in St. Louis County, Missouri; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant 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 Participant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.

 

  1. Participant’s Personal Information: PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES PARTICIPANT’S CONSENT TO SPONSORS’ USE OF ANY AND ALL INFORMATION SUBMITTED IN ORDER TO REGISTER FOR THE SWEEPSTAKES, including, but not limited to: (1) Participant’s name; (2) Participant’s email address; (3) Participant’s phone number; (4) Participant’s address; and (5) any and all other personally identifiable information. The information received from Participant will be used by Sponsors to send periodic email messages about special promotions and/or upcoming events, such as contests, sweepstakes, etc. While Sponsors will use reasonable efforts to keep Participant’s personal information secure and confidential, Sponsors cannot be held responsible for the collection and use by a third party that might thereafter send unsolicited messages, advertisements or other communications. Further, there may be instances when there is a legal requirement to disclose Participant’s personal information or a good faith belief that such action is necessary to: (1) conform or comply with a government request (such as a subpoena); (2) protect and defend the rights or property of Sponsors, their affiliates or business partners; (3) enforce the terms or use of an existing agreement; or (4) protect the personal safety or interests of Sponsors employees, users of the site or members of the public in urgent circumstances.

Sponsors strictly adhere to the Children’s Online Privacy Disclosure Act and will not knowingly collect, use or disclose Personal Information from any child under the age of thirteen in any manner that violates the law. Obviously, no matter what steps are taken such transmissions on the Internet cannot be absolutely secure. For that reason, Sponsors cannot assume any responsibility or liability for disclosure of any of Participant’s personal information due to errors in transmission, unauthorized third-party access or other causes beyond Sponsors’ reasonable control.

If at any time Participant wishes to UNSUBSCRIBE and be removed from KidSmart’s database notifying Participant of special promotions and/or upcoming events, Participant must email Jessica@kidsmartstl.org, with the subject line “Unsubscribe,” stating Participant’s desire to be removed from the KidSmart database.

 

  1. Social Media Promotions: Any promotions on social media platforms, including, but not limited to: (1) Facebook; (2) Twitter; (3) Instagram; (4) YouTube; and (5) SnapChat, are in no way sponsored, endorsed, administered by or associated with such platforms.

 

  1. Invalidity: These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsors. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

 

 

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