THIS CONTEST WILL BE GOVERNED BY PENNSYLVANIA LAW.
DO NOT PARTICIPATE IF YOU ARE NOT ELIGIBLE.
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
Halloween Hero Network Photo and Video Contest
This Contest is open to legal residents of the Commonwealth of Pennsylvania who are 18 years or older. Employees of the Sponsor (as those terms are defined below in Sections 5 and 15) and their immediate families (spouse, child, parent, sibling and their respective spouses or “step” of each) and any other household members are not eligible.
2. Entry Period:
Entry into this Contest begins on October 23, 2020 at 12:01 AM Eastern Time and ends on October 31, 2020 at 11:59 PM Eastern Time (“the Entry Period”).
3. Methods of Entry:
4. Entry Requirements and Limitations:
- Entries must:
- be appropriate for children and families;
- may not contain political messages, nor endorse (or oppose) candidates or political parties for public office; and
- may not contain hate speech or depictions of violence against any living creature.
Determinations regarding whether Entries are appropriate in accordance with these requirements and limitations and these Official Rules will be made solely by Sponsor. Entries submitted, or tagged on social media in connection with this Contest, do not express or reflect the views or values of the Sponsor or the charitable beneficiaries of this Contest. Entries must be tagged appropriately with the correct hashtags as directed by Sponsor in accordance with the Participation Guidelines on Sponsor’s Website in order to be Eligible Entries.
5. User-Generated Content Requirements:
In addition to complying with the Participation Guidelines and these Official Rules, all photos, videos and written content (“User-Generated Content”) submitted to this contest is subject to the following requirements. Each Entrant retains ownership of any User-Generated Content entered in this Contest. As a condition of entry into the Contest, each Entrant:
(a) Warrants and represents that the Entrant owns all rights to the User-Generated Content submitted;
(b) Warrants and represents that all persons pictured are members of Entrant’s immediate family, and that Entrant is the parent or legal guardian of all children and minors depicted, and that Entrant and spouse or domestic partner have the legal authority to grant the rights to the Sponsor described in these Official Rules, and that any photo submitted only depicts children or minors where the Entrant is the parent or legal guardian;
(c) Warrants and represents that the User-Generated Content are original and have been legally obtained and created;
(d) Warrants and represents that the User-Generated Content does not contain any elements that are copyrighted, trademarked, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless Entrant is the owner of such rights and/or has permission from the rightful owner to make use of such material for the purpose of entering this Contest;
(e) Irrevocably grants, without limiting the rights granted to the Sponsor and its affiliates, legal representatives, assigns, agents, service providers and licensees if the Entrant is one of the Winners, to the Sponsor and its affiliates, legal representatives, assigns, agents, service providers, and licensees the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, advertise, promote, use and/or otherwise edit, adapt or modify as necessary (including, but not limited to, for internal standards/practices review and editorial control) for any purpose, including advertising and promotion, to the extent applicable, the Entrant’s name, state of residence, Contest registration information, image, voice, likeness, statements, biographical material, including without limitation the User-Generated Content and any material contained in such content, as well as any additional photographic images, video images, written communication, portraits, interviews or other materials relating to the Entrant and arising out of Entrant’s participation in this Contest (with or without using the Entrant’s name) (“Additional Materials”), without additional review, compensation or approval from the Entrant or any other party, except as prohibited by law;
(f) Grants to all end users of Sponsor-owned or operated sites and affiliated sites: (i) the non-exclusive license to access the User-Generated Content and Additional Materials through the Website; (ii) the ability to review, comment on and tag the User-Generated Content and Additional Materials; (iii) the ability to post the User-Generated Content and Additional Materials on their respective website or social media pages or accounts; (iv) the ability to send and distribute the User-Generated Content and Additional Materials via e-mail, instant messenger, or other electronic means; (v) the ability to access the User-Generated Content and Additional Materials via the Website’s API or via RSS or any similar XML or related feeds, and (vi) the non-exclusive license to use, reproduce, distribute, prepare compilations and display the User-Generated Content and Additional Materials as permitted through the functionality of the Website pursuant to the respective terms of service applicable thereto.
(g) On behalf of Entrant, Entrant’s spouse or domestic partner and on behalf of Entrant’s children or guardians depicted in the photograph forever waives any rights of privacy, publicity, intellectual property, and any other legal or moral rights that may preclude Sponsor’s use of the User-Generated Content and Additional Materials, or require Entrant’s permission for the Sponsors to use them for promotional purposes, and agrees to never sue or assert any claim against the Sponsor’s use and exploitation of the same as permitted and described herein.
(h) Agrees that the Sponsor may have access to and/or may create materials of any description and for any purpose at any point in the future which may be similar or identical to the User-Generated Content and Additional Materials in theme, idea, plot, format, characters and any and all other respects. Entrant shall not be entitled to additional compensation or other considerations because of the use by Sponsor of any such similar or identical material.
(i) Agrees to indemnify and hold Sponsor and its respective affiliates, officers, directors, agents, co-branders, service providers or other partners and any of their employees, (“Contest Indemnitees”) harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements) brought or asserted by any third party against any of the Contest Indemnitees arising out of or in connection with: (i) the User-Generated Content and Additional Material; (ii) any breach by Entrant of the warranties, agreements or representations contained in these Official Rules, the Participation Guidelines, and any documentation submitted or agreed to by the Entrant; (iii) the Entrant’s conduct during and in connection with this Contest, including, without limitation trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (iv) the acceptance, use or misuse of any award or prize.
6. Right to Disqualify:
At any time during the Contest, the Sponsor reserves the right, in its sole discretion, to disqualify and remove any User-Generated Content or Additional Materials for any reason including, but not limited to, if Sponsor has reason to believe that such User-Generated Content or Additional Materials, or any component thereof, contains content in contravention of the Participation Guidelines, or is otherwise deemed inappropriate, to infringe upon the rights of any third party, violates any applicable laws or regulations, is harmful to any of Sponsor’s businesses, goodwill or reputations, or otherwise does not meet the requirements set forth in these Official Rules. The decisions of Sponsor on this and all matters relating to the Contest are final and binding.
7. Winners and Prize Descriptions:
Contest Winners will receive no monetary or in-kind prizes; instead, in accordance with the following, Sponsor will make charitable donations in honor of each Contest Winner to one or more charities designated and presented by Sponsor on Sponsor’s Website. Sponsor has designated the following charities as recipients of its donations, and these charities have consented to participation as charitable beneficiaries of the Sponsor: TREE HOUSE BOOKS, a Pennsylvania nonprofit organization (PA Entity No. 3310745; EIN 59-3802913; PA charitable solicitation registration no. 37753) and SMITH MEMORIAL PLAYGROUND AND PLAYHOUSE, INC., a Pennsylvania nonprofit organization (PA Entity No. 3174162; EIN 23-1353547; PA charitable solicitation registration no. 31035).
The total contribution made by Sponsor to the charities in connection with this Contest (in other words, the combined contribution made for the “10 for 31 Donation” and the “100 for 100 Grand Prize Donation” aspects of this Contest) will not exceed six thousand two hundred dollars ($6,200.00), and any contributions made by Sponsor will be split evenly between the charities such that each Sponsor-designed charity will not receive more than three thousand one hundred dollars ($3,100.00) total from the Sponsor in connection with this Contest.
Category entry requirements to win one (1) “10 for 31 Donation in Honor of the Entrant”: a minimum of 10 Likes received for Entrant’s Eligible Entry at the end of the Contest Entry Period.
For each Eligible Entry meeting these Donation-in-Honor Prize requirements, Sponsor will make a minimum donation of thirty-one cents ($0.31) for every 10 Likes received by the Eligible Entry up to a maximum donation of thirty-one dollars ($31.00)_per Eligible Entry in accordance with the following calculation (and further subject to a cap of two thousand eight hundred dollars ($2,800.00) for the total donation paid to each Sponsor-designed charity pursuant to this “10 for 31 Donation” aspect of the Contest): Sponsor’s donation amount for each Eligible Entry receiving the requisite number of Likes shall be calculated by multiplying by the number of Likes received by the Eligible Entry rounded down to the nearest 10th Like, divided by ten (10) and then multiplied by thirty-one cents ($0.31). This donation amount would be split evenly between the Sponsor-designated charities. For example, 29 Likes for an Eligible Entry would result in a sixty-two cent ($0.62) donation by Sponsor to be divided evenly between the Sponsor’s charitable beneficiaries (i.e. 20 Likes divided by 10, multiplied by $0.31) whereas 30 Likes would result in a ninety-three cent ($0.93) donation (30 Likes divided by 10, multiplied by * $0.31) from the Sponsor to the charities, and this donation would be split evenly between the two charities. Sponsor’s contributions to each Sponsor-designed charity will be capped at two thousand eight hundred dollars ($2,800.00) for this “10 for 31 Donation” aspect of the Contest. Entrants with winning Eligible Entries may still be recognized for their participation at Sponsor’s discretion.
Category entry requirements to win one (1) “100 for 100 Grand Prize Donation in Honor of the Entrant”: a minimum of 100 Likes received for Entrant’s Eligible Entry at the end of the Contest Entry Period AND the Eligible Entries that have received either the first most, second most or third most Likes at the end of the Contest Entry Period.
For each Eligible Entry meeting these Grand Prize Donation requirements, Sponsor will make a one-time one hundred dollar ($100.00) donation, on top of any amounts donated pursuant to the “10 for 31 Donation” aspect of the Contest, to each of the Sponsor-designated charities. Sponsor’s contributions to each Sponsor-designed charity will be capped at three hundred dollars ($300.00) for this “100 for 100 Donation” aspect of the Contest. Entrants with winning Eligible Entries may still be recognized for their participation at Sponsor’s discretion.
As referred to herein, a “Like” is defined as the total number of “likes” (expressed as hearts) on Instagram and the total number of “likes” (expressed as any sort of emoji feedback, positive or negative) received on FaceBook.
The manner in which donations are conveyed to charities and announcement of the winners is made is up to the sole discretion of the Sponsor and may not be changed for any reason.
No more than three thousand one hundred dollars ($3,100.00) in total Donations will be made to each Sponsor-designated charity.
8. Judging Criteria:
Prior to being accepted and published on the Website, the Sponsor will exercise its exclusive right to determine if an Entrant’s content submission is appropriate and if it appears to comply with the above limitations and requirements.
Following the Sponsor’s acceptance and publishing of an Entrant’s content, Facebook and/or Instagram members may cast votes to “Like” any Entrant’s Content.
9. Tie Votes:
In the event of a tie for the highest number of votes in given category, the Sponsor may choose to break the tie though its own vote, or to award additional Grand Prizes.
10. Winner Notification:
Winners will be identified by November 10, 2020. After such Winners have been identified, Sponsor will arrange to have Winners contacted within one (1) day via the email address provided with the Entry. If a Winner cannot be directly reached during the one (1) day in which they are contacted, then the Winner may be disqualified. If a Grand Prize winner is disqualified, then all Entries will be advanced and the Entry Category ranked next highest in the Entry Period will become a Winner.
11. Winner Verification and Requirements:
Potential Winners may be required to prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Winner. In the event of non-compliance, such Winner will be disqualified and all privileges otherwise due shall be terminated. If a Winner is disqualified, then an Alternate Entry will become a Winner, as described in Section 8. All Winners may be required to sign within three (3) days of receipt of such documents from Sponsor: (a) an affidavit of eligibility and release of Sponsor and Contest Indemnitees from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with Contest or the use/misuse or acceptance of any Prize or any portion thereof to be eligible for the Prize; and (b) except where prohibited by law, a promotional release granting Sponsor and Contest Indemnitees the right use their name and likeness for advertising and publicity purposes without additional compensation. Entry into this Contest constitutes agreement to sign such releases. Winners may be also required to complete any additional legal documents provided with respect to the Prizes and return them as instructed within the timeframe specified or the Winners may forfeit their Prize at the Sponsor’s sole discretion. All decisions of Sponsor relating to this Contest are final.
Any taxes, including federal, state, local income and other taxes, if any, on the value of the prize are the sole responsibility of the Winners.
13. Limitations of Liability:
Entries that are lost, late, misdirected, garbled, incompletely received, mutilated, or illegible, for any reason, including by reason of hardware, software, browser or network failure, malfunction, congestion or incompatibility at Sponsor’s website or elsewhere, will not be eligible and Sponsor and Contest Indemnitees are not responsible for any technical problems related to downloading website forms or other problems relating to online entries. Use of a false email account or an incorrect email address will disqualify any entry. Proof of sending will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to modify, suspend or terminate this Contest in the event that it becomes infected by a computer virus or is otherwise technically impaired or if the Contest cannot be conducted as planned by causes beyond the control of the Sponsor.
14. General Terms:
Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNERS OR ANY BEHAVIOR BY WINNERS THAT WILL BRING SUCH WINNER OR CONTEST INDEMNITEES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
The Contest Indemnitees assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human, mechanical or electronic error which may occur in the processing of the entries in this Contest. The Contest Indemnitees are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest. The Contest Indemnitees are not responsible for any typographical or other error in the printing of the offer, administration of this Contest, errors in processing entries, identifying the Winners or in the announcement of the Prizes and Winners. If, for any reason, this Contest is not capable of running as planned, including, without limitation, changes in any Sponsor’s reputation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in their sole discretion to cancel, terminate, modify or suspend this Contest. Should this Contest be terminated prior to the stated expiration date, notice will be posted on [website] during the Entry Period and the Grand Prize may be awarded to a winner to be selected from among all Eligible Entries received up until and, or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by the sole discretion of the Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual they suspect or find (a) to have used a software generated, robotic, programmed, script, macro or other automated online entry, (b) to have tampered with the entry process or the operation of this Contest, (c) to be acting in violation of these Official Rules, (d) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) to have provided inaccurate information on any legal documents submitted in connection with this Contest. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE PENNSYLVANIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS SWEEPSTAKES AND THE LAWS OF THE STATE OF PENNSYLVANIA SHALL GOVERN THIS CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless the Sponsor from any and all liability resulting or arising from this Contest Indemnitees, to release all rights to bring any claim, action or proceeding against the Contest, and hereby acknowledge that Contest Indemnitees have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes, including express warranties provided exclusively by a prize supplier that are sent along with the Prizes.
Alternatively, for names of winners, send a self-addressed, stamped envelope to:
Halloween Hero Network, LLC, 2222 Wallace St., Philadelphia, PA 19130 ATTN: Contest Winner Names
The Sponsor is Halloween Hero Network, LLC (dba) Halloween Hero Network, which is participating in this Contest as a commercial co-venturer by donating to the Sponsor-designated charities based on the number of Likes obtained by Members’ Eligible Entries.
For any donations that may be separately solicited in connection with the Halloween Hero Network, those charitable contributions are solicited by and through WOODSPHERE DEVELOPMENT LLC, a Pennsylvania for-profit limited liability company that is registered with the Pennsylvania Bureau of Charitable Organizations as a professional solicitor (PA Entity No. 7120336; PA professional solicitor registration no. 116819).Charitable funds will be used by the charities designated herein as those charities deem appropriate for operating their organizations in support of their missions to benefit children and families.
The official registration and financial information of the charities designated herein may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1 (800) 732-0999. Registration does not imply endorsement