VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.

Transcription

1 Official Rules VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN. 1. INTRODUCTION This dcument describes the fficial rules ("Official Rules") f the FireFacts Name Our Fire Huse Puppy Cntest rganized by the FireFacts.rg, (the "Cntest"). The bject f this cntest is t encurage and prmte children and families t learn the imprtance f fire safety in the hme. Infrmatin n hw t enter and abut the prizes is part f these Official Rules. T the extent f any incnsistency, these Official Rules prevail. 2. DEFINITIONS "Entry" means a clring page r clred drawing created by the Entrant fr this Cntest. "Entrant" means the individual that ffers the Entry, and the Entrant s parent r guardian, under the terms f this Cntest. The "Spnsr" means Catalystic Media Grup, LLC dba FireFacts.rg lcated at 422 Brad St, Nevada City, CA 95959, with mailing address f PO BOX 1505, Grass Valley, CA ACCEPTANCE Participatin cnstitutes the Entrant's full and uncnditinal agreement t and acceptance f these Official Rules. By participating in the Cntest, the Entrant is representing and warranting that he/she has read and understd, and agrees t be bund by, these rules. Including the guides and rules referred t herein, these Official Rules cnstitute the entire agreement between the Entrant and the Spnsr in relatin t the Cntest. They gvern the Entrant's participatin and supersede any prir r ther agreements between the Entrant and the Spnsr and relating t the Cntest. 4. ELIGIBILITY Cntest is pen nly t US students, grades K-6 th. Cntest is pen nly t individuals. Cntest is nt pen t cmpanies, educatinal institutins, rganizatins, etc. r t grups assciated with such institutins. Cntest is vid utside the US, and where prhibited by law. Emplyees and cntractrs f Catalystic Media Grup, LLC and their respective parent cmpanies, subsidiaries, affiliates, suppliers, advertising agencies, and families, and persns living in the same husehld as such emplyees, are nt eligible t participate. 5. SEVERABILITY When any prvisin f these Official Rules is fund t be invalid by a curt f cmpetent jurisdictin, the parties nevertheless agree that the Curt shuld endeavr t give effect t the intentins f the parties as reflected in the prvisin, and that the ther prvisins f these Official Rules remain in full frce and effect.

2 6. CONTEST PERIOD The Cntest runs frm Octber 1 st 2009 thrugh March 31 st, Spnsr in its sle discretin may cancel r pstpne the Cntest. 7. HOW TO ENTER T enter the Cntest, the Entrant must (a) cmplete entry frm and (b) submit bth entry frm and clring page tgether within the Cntest perid. Entry frm and clring pages are available at There is n fee t enter the Cntest. Entries must be pstmarked n later than March 31 st, Entries submitted will nt be returned r acknwledged. Withut limiting any representatins r warranties, the Spnsr has the right (thugh nt the bligatin) t, in the Spnsr's sle discretin, reject any Entry that, in the Spnsr's sle discretin, vilates these Official Rules r any applicable Spnsr plicy r is in any way bjectinable. Spnsr als reserves the right t disqualify any Entrant r Entry at the Spnsr's sle discretin. N crrespndence shall be entered int. 8. WORK CRITERIA All Entries must meet specific criteria t be accepted int the cntest: (a) Entry frm must be cmplete in its entirety; (d) Clring page r clred drawing must be cmpleted by Entrant and (c) suggested name must nt be trademarked, registered r cpyrighted, r the prperty f an rganizatin, cmpany r individual. 9. PRIZES Prizes will be awarded by categry. The categries are: Best Name/clring page cmb Grades K-1 st Best Name/clring page cmb Grades 2 nd and 3 rd Best Name/clring page cmb Grades 4 th - 6 th Grand prize, Best verall Name/clring page cmb Cmputer lab upgrade awarded t Grand Prize winner s primary schl. Only ne cmputer lab upgrade will be awarded t ne schl. Value shall nt exceed $10, retail value US currency. Cash prize awarded t participating fire department requires that the fire department (a) participated in prvided ur CDs t the Grand Prize winner s primary schl and (b) prvided Grand Prize winner s schl with sme frm f fire safety educatinal prgram in 2009 r Only ne cash prize will be awarded t nly ne fire department. Cash value t be awarded is $3, US currency. N mre than ne Prize will be awarded t any Entrant. The prizes are nn-transferable and n substitutin by winner r cash equivalent is permitted. The Spnsr may substitute prize fr ne f equal r greater value at its sle discretin. Entrants will be respnsible fr all federal, state, lcal and ther applicable taxes relating t any prize awarded in this Cntest. 10. JUDGING AND SELECTION OF WINNER

3 All entries will be judged by a panel f 5 persns, including members f Catalystic Media Grup, First Alert and Farmers Insurance Grup, with prizes awarded fr best name, best clring page/drawing cmb. Winners will be selected n r arund April 30 th, The decisins f the judging panel are final n all matters relating t the Cntest and n crrespndence will be entered int. All ptential winners will be subject t verificatin f eligibility and cmpliance with these Official Rules. Winners will be ntified n r arund May 10th, If a winner cannt be ntified within five (5) days after his/her/its selectin, r in the event f nn-cmpliance with any f these requirements, the prize will be frfeited, and the Entrant having the next highest scre will be deemed the winner. 11. REPRESENTATIONS AND WARRANTIES By participating in the Cntest, the Entrant represents in cnnectin with the Entry submitted as part f his/her participatin in the Cntest: (a) he/she is slely respnsible fr the creatin f the clring page/drawing; (b) the Entry is riginal and the use f the Entry as described in these Official Rules will nt infringe the prprietary rights, including withut limitatin the intellectual prperty rights, f any third party; and (c) the Entry is cnsistent with these Official Rules. 12. INTELLECTUAL PROPERTY Any Entry entered in this Cntest shall becme the exclusive prperty f Catalystic Media Grup, LLC. 13. AUTHORIZATION TO USE WINNER'S NAME Accepting the prize cnstitutes permissin fr the Spnsr t make public and therwise use winner's name, picture (if submitted), bigraphical infrmatin, city and state f residence, and submitted wrk withut further cmpensatin in any use nw knwn r hereafter develped fr prmtinal and/r publicity purpses, unless prhibited by law. 14. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY By participating in the Cntest, the Entrant agrees t be bund by these Official Rules, including all eligibility requirements and all decisins f the Spnsr. By participating in the Cntest, the Entrant agrees t indemnify, defend, and hld harmless the Spnsr and its fficers, directrs, emplyees, agents, affiliates, cntractrs, cntributrs, subsidiaries, licensrs, distributrs, and parent ("Spnsr Entities") frm any and all liability, claims, r actins f any kind, (i) breach f any representatin, warranty r cvenant cntained in these Official Rules; r (ii) participatin in the Cntest; (iii) acceptance and/r use r misuse f any prize in cnnectin with the Cntest; r (iv) any third party claim relating t any rights in any design submitted. BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR

4 GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES. By participating in the Cntest, the Entrant agrees that the Spnsr is nt respnsible, and will in n event be held liable, fr any: (a) lst, late, illegible, misdirected, damaged, incmplete, crrupted r garbled entries; (b) r nn-authrized interventin; r (d) damage caused by a cmputer virus r therwise resulting t any cmputer frm Entrant's access f the Cntest website. If such malfunctin, errr, disruptin, r damage ccurs r impairs the administratin, security, fairness, r integrity f the Cntest, the Spnsr may, in its sle discretin, suspend, mdify r terminate the Cntest by psting a ntice at If the Cntest is terminated befre the scheduled end f the Cntest Perid, the Spnsr will determine the winner frm all eligible entries received as f the terminatin date. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL THE SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY'S FEES. Fr the avidance f dubt, t the extent that English law applies, nthing in these Official Rules shall limit r exclude either party's liability fr fraud, r fr death r persnal injury caused by its negligence, r any ther liability t the extent such liability cannt be excluded r limited as a matter f law.

5 15. PRIVACY Except as therwise stated herein r as therwise agreed by the Entrant and the Spnsr, the infrmatin cmmunicated by the Entrant in cnnectin with Entry t the Cntest will be used fr the purpses relating t this Cntest, and will nt be cmmunicated t third-parties withut prir permissin. 16. INTERPRETATION, GOVERNING LAW; JURISDICTION Interpretatin. In the case f any dispute abut the interpretatin f the Rules, Spnsr's decisin as t the interpretatin shall be final and Entrant shall be bund by Spnsr's decisin. Gverning Law. The interpretatin and enfrcement f these Official Rules will be gverned by the laws f the State f Califrnia, USA, except t the extent required t be gverned by the lcal law in the place f residence f an Entrant. Cntest is subject t all applicable, as the case may be, natinal, federal, prvincial, state and lcal laws. Subject t Sectin 5 abve, if necessary any prvisin f these Official Rules which is fund t be invalid by a curt f cmpetent jurisdictin shall be deemed t be struck ut frm these Official Rules. 17. CONSIDERATION The Entrant agrees that the ability t participate in the Cntest and t cmpete fr the prizes ffered in cnnectin with the Cntest cnstitute, where required, sufficient cnsideratin fr the Entrant's bligatins under these Official Rules. Please retain a cpy f these Official Rules fr yur recrds.