THIS CONTEST IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ELIGIBILITY: The Children’s Miracle Network Hospitals #PlayYellow contest (“Contest”) is open individuals over the age of eighteen (18) years old who are legal residents of the United States or the District of Columbia. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Certain eligibility restrictions may apply.
- AGREEMENT TO CONTEST OFFICIAL RULES: By participating in the Contest, each entrant (“Entrant”) fully and unconditionally agrees to and accepts these Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest.
- SPONSOR: Children's Miracle Network Hospitals, 205 W 700 S, Salt Lake City, UT 84101 (“Sponsor”).
- CONTEST TIMING: Contest begins at 12:00 a.m. Eastern Time (“ET”) on May 26, 2019 and ends at 11:59 p.m. ET on June 2, 2019 (“Contest Period”).
- CONTEST PARTICIPATION: NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT, OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
HOW TO ENTER:
PHASE 1: Entry Phase
To enter, participants must comply with the following entry requirements (“Entry Requirements”):
- Participants must post a photo of themselves and/or others “Playing Yellow” on social media (Instagram, Twitter and/or Facebook) and tag @playyellow4kids.
- By following the Entry Requirements, participants agree that they have read and are bound by these Rules.
Entry may not contain, as determined by Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
Compliance with the Entry Requirements and Entry Guidelines will be determined by Sponsor in its sole discretion. One Entry per person allowed. Entries that violate, as determined by the Sponsor, in its sole discretion, these Entry Requirements and the Entry Guidelines or do not meet the Entry deadlines will be disqualified from the Contest.
Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Entries, which are disqualified. Use of any automated program to enter will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the social media account used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder.
If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Entrants are responsible for any data and messaging rates that might apply. Entries must be in compliance with the Entry Guidelines.
Entry 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. If the Entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to Entry of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the Entry and use of the Entry in the Contest and to its use as otherwise set forth herein.
Ownership of Idea and Essay/License to Use of Entries: By submitting an Entry in this Contest, each Entrant grants to Sponsor: 1) sole and exclusive ownership of the Entry without any obligation of compensation to Entrant; and 2) a royalty-free, worldwide, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entries (along with a name credit) in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes without any obligation of compensation to Entrant. Entrant will sign any documentation that may be required for Sponsor or their designees to make use of the rights Entrant is granting to use the Entry.
Any Entrant who attempts to enter with multiple identities will be disqualified and forfeit any prize won, in Sponsor’s sole discretion.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT ENTRANT’S ENTRY, NAME, LIKENESS, IDEA, ESSAY, PICTURE AND/OR VIDEO MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’s DIGITAL AND SOCIAL MEDIA ASSETS, AT SPONSOR’S SOLE DISCRETION AT ANY TIME WITHOUT ANY COMPENSATION TO ENTRANT.
PHASE 2: Judging Phase
All eligible Entries received by Sponsor will be judged by a panel of from Sponsor’s Content Marketing Department based on the following criteria: creativity (50%); and elevation of the Contest theme (50%) (the “Judging Criteria”). Potential winners are subject to verification of eligibility and compliance with these Contest Official Rules. The Winner will be chosen by Children’s Miracle Network Hospitals in its sole discretion.
PHASE 3: Winner Notification
Potential winners will be notified by Sponsor by social media alerting them of their potential prize. It is each Entrant’s sole responsibility to ensure that they may receive a notification of being a potential winner.
Potential winners must continue to comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. Proof of U.S. residency, age, and identity may be required to claim a prize. Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Contest. An Entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. If a winner is determined to be ineligible or fails to respond to Sponsor within ten (10) days of notification, the applicable prize will be forfeited and Sponsor reserves the right to select a runner-up for the prize in accordance with the judging criteria set out in these Rules.
Potential winners may be required to execute and return to Sponsor a liability and publicity release and affidavit of eligibility (except where prohibited) within 5 days of winner notification. If a winner fails to execute and return a liability release and affidavit of eligibility (except where prohibited) within ten (10) days of notice of winning, their prize may be forfeited and Sponsor may notify a runner-up from among the remaining eligible Entries.
Acceptance of prize constitutes permission for the Sponsor to use winner’s name and/or likeness and/or winning Entry, for advertising and promotional purposes without additional compensation, unless prohibited by law.
One Grand Prize will be awarded. The Grand Prize winner will win the #PlayYellow-themed TaylorMade® golf bag used by Rory McIlroy during the The Players® Championship in 2019, autographed by Rory McIlroy. The Approximate Retail Value (“ARV”) of the Grand Prize is One Thousand Dollars ($1,000).
Winners are solely responsible for any taxes on the prize he or she receives, and will receive an IRS Form 1099 for the ARV of the prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value.
Winners will be solely responsible for any and all local, state, and federal taxes. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. Winners will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.
GENERAL CONDITIONS: Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. By entering, each Entrant acknowledges that Sponsor has no obligation to use or post any Entry.
LIMITATION ON LIABILITY: The Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors 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; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.
SPONSOR’S RESERVATION OF RIGHTS: These Rules are subject to modification by Sponsor at any time. In the event of a dispute, all decisions made by Sponsor are final and binding. Sponsor reserves the right, in its sole discretion, to disqualify any person who tampers with or abuses the entry process, or who otherwise acts in violation of these Rules. Sponsor further reserves the right, in its sole discretion, to cancel, terminate, or modify this Contest if, for any reason, the Contest is not capable of completion as planned, including due to force majeure or non-authorized human intervention that compromises or affects the administration, fairness, integrity, or proper conduct of the Contest.
RELEASE OF LIABILITY: By participating in the Contest, Entrants release Sponsor and all of its respective affiliates, officers, directors, employees, representatives, franchisees, and agents from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize, each Entrant; (a) agrees that Sponsor and all of its respective parents, affiliates, subsidiaries, franchisees, officers, directors, employees, representatives and agents, will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest; from acceptance, possession, misuse or use of prize; and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation, unless prohibited by law. Sponsor is not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
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, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Contest. In the event of cancellation, Sponsor will determine the winner from among all eligible, non-suspect Entries received prior to cancellation. This Contest is offered only in the United States and is governed by the laws of the state of California.
DISCLAIMER OF WARRANTIES: THE CONTEST AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
BINDING ARBITRATION: The parties waive all rights to trial in any action or proceeding instituted in connection with these Rules and/or this Contest. Any controversy or claim arising out of or relating to these Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association . Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Utah, in Salt Lake City, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
WINNER'S NAMES: The winner will be announced on Instagram, Twitter and Facebook at @playyellow4kids. For the names of the winner (available after June 2, 2019), send a self-addressed, stamped envelope to: Children’s Miracle Network Hospitals #PlayYellow Contest, 205 West 700 South, Salt Lake City, Utah 84101, for receipt no later than July 2, 2019.