The 2018 Next Prepaid Kid Contest Official Rules - Florida Prepaid
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The 2018 Next Prepaid Kid Contest Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. 1. Entry Period: The Next Prepaid Kid Contest (the “Contest”) starts on Monday, September 24, 2018 at 12:00:01 a.m. Eastern Daylight Time (“EDT”) and ends on Sunday, October 28, 2018 at 11:59:59 p.m. EDT (the “Entry Period”). Public voting to determine up to twenty‐five (25) entries with the greatest number of public votes starts on Monday, September 24, 2018 at 12:00:01 a.m. EDT and ends on Sunday, October 28, 2018 at 11:59:59 p.m. EDT (the “Voting Period” and “Judging Period”). The Contest consists of an Entry Period, Public Voting Period, and judging using certain criteria as defined below. At the conclusion of the public Voting Period, twenty five (25) entries with the greatest number of fan votes will win a prize. At the conclusion of the Sponsor Judging Period, five (5) entries with the highest Judges scores will win a prize. 2. Eligibility: Open to legal residents of Florida only, who are at least Eighteen (18) years of age or older at the time of entry, who is a parent or legal guardian of a child between the ages of newborn to fourteen (14) years of age (8th grade) at the time of entry (“Entrant”). Limit: One (1) entry per child. If you are a parent or legal guardian with more than one (1) age qualified child you may enter one (1) time per qualified child. Limit: One (1) vote per person per day. All eligible entries will be reviewed by the Judges using predefined criteria (“Judging Criteria”), as later defined in these Official Rules, to determine the Grand Prize and Runner‐Up Prize winners. Public Voting results will not be counted in the Judging Criteria. Employees, officers, and directors of Florida Prepaid College Foundation, 1801 Hermitage Blvd., Suite 210, Tallahassee, FL 32308 (“Sponsor” and “Judge”), WYNG, 360 Park Avenue S., 20th Floor, NY, NY 10010 (“Administrator”), Florida Prepaid College Board, St John & Partners, Moore Communications, and each of their respective parent companies, subsidiaries, affiliates, employees or contractors, suppliers, advertising, promotional, and judging agencies, and the immediate family members of such employees (parent, child, sibling, spouse), and persons living in the same household as such employees (collectively, “Contest Parties”) (whether related or not) are not eligible to enter or receive a prize. Note: Entrant must have been a resident of Florida for at least twelve (12) months prior to receiving notification of winning. Entrant must submit a Florida Prepaid College Plan Enrollment Application form within five (5) days for one (1) child between the ages of newborn through 14 years of age (8th grade) in order to claim a prize. 3. How to Enter the Contest A: Visit the Sponsor’s site at www.myfloridaprepaid.com/nextprepaidkid during the Contest Entry Period. B: Complete the online entry form with all required information including submitting an essay (not to exceed 200 words) answering the Contest open‐ended question along with uploading an original photo (color or black & white), taken within sixty (60) days of the 1
start of the Entry Period , that relates to the Contest question, and the Contest theme (“The Next Prepaid Kid”). C: Agree to the Official Rules and submit your entry. ALL ESSAYS AND PHOTOGRAPHS ARE SUBJECT TO THE RESTRICTIONS, GUIDELINES, AND TERMS SET FORTH HEREIN. To the extent an essay or photograph does not comply with the guidelines, and terms set forth herein, and/or are otherwise not in compliance with these Official Rules, such entry shall be ineligible, and will be void from the Contest. Photographs must comply with the following requirements, as well at those set forth herein: Photographs may not contain any other individual(s) other than your child or your child with pet. Photographs may not be taken by a professional photographer and may not be a photo collage. The child in the photograph must be appropriately clothed or wearing a diaper (naked children or child in a bathtub will not be eligible or accepted as entries). Photographs must be submitted in .JPG, .GIF, or .PNG format. Any text or photo submission may not contain pornography, adult‐oriented content or any other sexually‐explicit material as defined in Section 7 below. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND OTHER RELEASED PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Please see Rule #5 below for additional details. Entrant’s Representations: By entering the Contest you represent and warrant that (a) the submission is Entrant’s original work product and does not infringe the rights of any third party, (b) publication of the submission via various media will not infringe the rights of any third party and (c) the submission has not been previously published in any medium. Each Entrant will indemnify and hold harmless Sponsor and other Released Parties (defined below) from any claims to the contrary. Any Entrant whose work includes likenesses of third parties or contains elements not owned by Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such entry, in a form satisfactory to Administrator, upon request, prior to awarding of prize. Entry Notes: Entrant will be able to review his or her entry prior to submission, but once any entry is submitted, Entrant cannot access/revise such entry in any way. Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid, and disqualified for the Contest. Tampering with the entry process, voting process or the operation of the Contest is prohibited, and any entries deemed by Sponsor, in his sole discretion, to have 2
been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all Entrants release the Sponsor, Judge, Administrator, and their respective parent, subsidiary, and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, contractors, attorneys, successors and assigns (the “Released Parties”) from and against all claims and damages arising out of or in connection with each Entrant's participation, and/or entry in the Contest and/or his/her receipt or use of the prize awarded in the Contest. 4. Proof of Entry: Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Contest or Entry Period or eligible for the Contest. Sponsor reserves the absolute right to disqualify and/or immediately remove any Entry in whole or in part for any reason within its sole and absolute discretion. Without limiting the foregoing, Entries will be disqualified if Sponsor believes the Entry is not in the spirit of the Contest, is not compliant herewith, or will have a detrimental impact on Sponsor, this Contest, or any of Sponsor’s or other Contest Parties’ brands, products or services. 5. License: Entrant grants to Sponsor an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty‐free, sub‐licensable right and license to promote your Entry in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party, for any purpose, including, without limitation, your Entry and any person’s property (physical, personal, and indicia) contained therein. The foregoing grant includes, without limitation, the right to reproduce, alter, amend, broadcast, edit, publish, use, merchandise, license, sublicense, and adapt the Entry in any and all media now or hereafter known, throughout the world, for any purpose, whether commercial in nature or otherwise, including in contexts and circumstances that result in your Entry being associated with a particular Sponsor or Sponsors. Accordingly, you hereby waive any objection to, such use, distribution, reproduction or display of your Entry, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so‐called “Moral Right,” “Droit Moral” or similar right or interest. 6. Entrant’s Representations: By submitting your essay or photo, you represent and warrant that the submission is original, that you own the submission or otherwise have the right to submit it here and that such submission does not infringe upon the rights of any third party and the submission has not been previously published in any medium. 7. Entry Compliance: Entries must be complete, compliant with these Official Rules including, but not limited to, the Entry Parameters and Content Restrictions, as defined above and any instructions communicated on the Website, submitted via the stated Entry method/social media platform used to facilitate entry, and received by Administrator within the Contest Period. Entries submitted via any other Entry method will not be accepted. Entries submitted by social media may only be submitted by a single registered social media account user. Group or commercial Entries are not permissible. Multiple Entrants are not permitted to share the same device, social media account, or email address. Normal internet access and device usage charges imposed by your mobile plan and/or on‐line service may apply to Entry via mobile device. For those Entrants entering with a mobile device: Contest may not be available via all mobile carriers. 3
The person submitting an Entry will be deemed the Entrant (“Entrant”). Each Entrant warrants and represents the following with respect to his/her Entry: (a) Entrant is the sole and exclusive owner of the essay, video or photo, and has obtained the necessary rights and consents; (b) the essay, video or photo does not infringe on any rights of any third parties; (c) the essay, video or photo does not content that denigrates, disparages or reflects negatively on Sponsor, their owners and employees. (d) the video or photo does not include individuals under legal age of majority unless Entrant has a signed release from such individual’s parent or legal guardian. Entrants must not include any of the following content (the “Content Restrictions”) in any Entry: (i) pornography, adult‐oriented content or any other sexually‐explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on Sponsor, and/or the owners and employees of Sponsor; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state or local law, ordinance, or regulation; (xi) audio and/or visual content owned by any third party (e.g., recorded music; pre‐produced video, etc.); and (xii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the Entry is created. Any Entry that does not comply with the foregoing, in the sole and absolute discretion of Sponsor, will be disqualified. Sponsor may, in its sole discretion, disqualify any Entry it deems inappropriate, indecent or obscene, and unsuitable for publishing or otherwise non‐compliant with these Official Rules. By entering, you authorize Sponsor to use your Entry on without compensation, and you grant to Sponsor the right to modify your Entry by any means. An Entry does not guarantee selection as a Prize Winner in the Contest. Proof of successful submission of an Entry or sending is not proof of receipt by Sponsor. By entering the Contest, each Entrant agrees to the potential posting of such Entrant’s name and Entry on Sponsor’s website and any other website or social media network affiliated with Sponsor. Submission of your Entry constitutes your consent to participate in the Contest and consent for Sponsor to obtain, use, and transfer your username, and other personal details for the Contest administration purposes. Except as noted in these Official Rules, information collected for this Contest is used only for the purpose of Contest administration and winner notification. Partial or incomplete/piecemeal Entry submissions without the required essay or photo WILL NOT BE ACCEPTED AS CONTEST ENTRIES and shall not be eligible for any Prize. ENTRIES MUST COMPLY WITH ALL CONTENT GUIDELINES AND ALL OTHER OFFICIAL RULES. All Entries are subject to verification and approval by the Sponsor. All materials submitted become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for problems downloading or uploading any Contest‐related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on‐line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail Entry to be received by Sponsor on account of technical problems, traffic congestion on the internet or the web site, or any other technical problems related to web site Entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Contest. 4
If you opt to access the Contest via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone/device bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your mobile device's capabilities for specific instructions. Sponsor is not responsible for any charges. 8. Public Voting: Public Voting to determine the top twenty five (25) highest fan vote entries begins on Monday, September 24, 2018 at 12:00:01 a.m. EDT and ends on Sunday, October 28, 2018 at 11:59:59 p.m. EDT. To vote, visit the Sponsor’s gallery page at www.myfloridaprepaid.com/nextprepaidkid. Limit: You may vote one (1) time per day per person. WARNING: ANY PARTICIPANT THAT UTILIZES OR CREATES MULTIPLE EMAIL ADDRESSES TO BOOST THEIR NUMBER OF ELIGIBLE ENTRIES OR NUMBER OF VOTES RECEIVED FOR THEIR ENTRY, WILL BE DISQUALIFIED EVEN IF AN ANNOUNCEMENT OF THE ENTRY WINNING HAS BEEN PUBLISHED. Automated methods of entry and entry by proxy are also prohibited. THE TWENTY FIVE (25) ENTRIES WITH THE GREATEST NUMBER OF FAN VOTES WILL WIN AND BE ANNOUNCED ON OR ABOUT MONDAY, NOVEMBER 19, 2018. In the event of a tie, a third-party judge selected by the Sponsor, will cast one vote between the tied entries to determine the winner. 9. Sponsor Judging: All entries will be judged by a panel of Judges selected by the Sponsor (from Sponsor, Administrator, St. John & Partners and Moore) in its sole discretion, based on the following equally weighted criteria: Entries will be judged to determine: 1. if the entry is a creative, engaging photo that fits within the Florida Prepaid brand, 2. if the response to the essay question is thoughtful and original, 3. does the subject matter displayed within the photo or video correspond with the response to the essay question, and do the two combined fully represent the theme of the contest, 4. Visual appeal of the photo and 5. Expressiveness of the child in the photo. In case of a tie, a third‐party judge selected by the Sponsor, in its sole discretion, to judge the tied entries to determine the winner. 5
10. PRIZES: Only the prizes listed below will be awarded in this Contest. Prize winners will be announced on or about Monday, November 19, 2018 (subject to change). PUBLIC VOTING PRIZES: Twenty five (25) Public Voting Prizes: Each of the top twenty‐five winners will receive a $1,000 scholarship contribution into a Florida 529 Savings Plan. ARV $1,000 SPONSOR JUDGING PRIZES: One (1) Grand Prize: 4‐Year Florida University Plan provided by Florida Prepaid College Foundation: Approximate Value: $29,000 Plan Description: The 4‐Year Florida University Plan covers tuition, tuition differential fee and other specified fees at a State University for 120 credit hours, the amount generally required to earn a bachelor’s degree. Four (4) Runner‐Up Prizes provided by Florida Prepaid College Foundation: 1‐Year Florida University Plan Approximate Value: $8,000 Plan Description: The 1‐Year Florida University Plan covers tuition, tuition differential fee and other specified fees at a State University for 30 credit hours Prize Notes: All prize amounts are subject to change. Terms and conditions of each plan apply. Learn more at https://www.myfloridaprepaid.com/ Each winner without an existing account will need to complete and submit an application within 5 calendar days of being notified that they were selected as a winner. Each winner must choose an individual between the ages of newborn through 8th grade, as the beneficiary of the Plan. The beneficiary must also be a Florida resident for whom the winner expects to use the prize proceeds to help cover qualified higher education expenses at an eligible institution. If a prize or prize notification is returned as unclaimed or undeliverable to a winner or if winner cannot be reached within 48 hours from the first notification attempt, then such person shall be disqualified from receiving the Grand Prize. All taxes and all other costs associated with acceptance or use of the above prize(s) are the sole responsibility of the applicable winner. Sponsor is the source of funds for all prizes. 6
While Florida Prepaid Plans are designed to be used at either a Florida College or State University, the plans can be applied at other in state, out‐of‐state, public or private schools around the country. The value to be paid to other schools is the same as what would have paid to a Florida school (no exceptions). Contest winners will be notified via the e‐mail address and/or telephone number provided during entry into the Contest. Potential Contest winners are subject to verification. If a potential Contest winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified, and the prize may be forfeited in Sponsor’s sole discretion. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. All prizes will be fulfilled by Sponsor or Sponsor's prize provider agent. In the event that a prize is unavailable, we reserve the right to substitute an alternative prize of equal or greater value. Winner may not transfer, assign, or redeem any prize for cash. If you are selected as a potential winner, we and/or our prize provider agent will use the information you submit in connection with this Contest to fulfill the prize. Winner is responsible for all fees and taxes associated with acceptance of the prize. The winner will be: (a) responsible for paying all costs and expenses related to the prize that are not specifically mentioned, including, but not limited to, taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize; and (b) required to submit his/her social security number or tax payer ID number to the administrator and/or our prize provider agent in order to claim the prize. Winner is responsible for complying with all applicable federal, state, and local laws and regulations applicable to the prize. 11. DISQUALIFICATION/FORCE MAJEURE: In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Prize or continuing with the Contest as contemplated herein by any event beyond his control, including but not limited to, fire, flood, natural or man‐made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible and at its sole discretion) judge all eligible, non‐suspect entries received as of the date of the event, giving rise to the termination. Inclusion in such judging shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prize described in these Official Rules will be awarded. 12. WINNERS LIST: To receive the name of the prize winners, send a self‐addressed stamped envelope to: The Next Pre‐Paid Kid Contest (Winners), PO Box 2274, Framingham, MA 01703‐2274. Requests must be received no later than November 30, 2018. 7
13. NOTIFICATION OF WINNER(S): Prize winner(s) will be sent his or her prize notice via email, postal mail or express service, whichever is appropriate, as determined by the Administrator. The Prize will be forfeited if the winner is in non‐compliance with these Official Rules or if selected potential winner cannot be contacted, provides incorrect email or mailing address, is ineligible, fails to claim the prize, or if the prize notification or prize is returned as undeliverable. In that event, an alternate prize winner will be selected. An Alternate winner will be the entry with the next highest Judges score from all remaining Finalists. By entering this Contest, you authorize Sponsor and its contractors to list your name on the Winners List, pending eligibility confirmation, should your entry be selected. By entering this Contest, you agree to be bound by these Official Rules. Winners will be required complete an online enrollment application at www.myfloridaprepaid.com within 5 calendar days of being notified that they were selected as a winner in order to claim their prize. If the Prize notification email or letter is returned as undeliverable or the potential winner fails to respond, and execute and return the appropriate forms within the five (5) calendar day time period, it will result in forfeiture of the Prize, and an alternate winner will be selected. . In the liability release, the winner will agree to release the Sponsor and Administrator and its respective parent corporations, officers, directors, employees, and stock holders from any injuries, damages or losses of any kind including death that may arise out of the participation in this Contest or out of the acceptance, use, misuse or possession of the Prize. The Sponsor reserves the right to rescind or change these Official Rules or this Contest at any time without notice unless otherwise prohibited by applicable law. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Any attempts by an individual to access any web site associated with this Contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or Contests such as by script, macro or any other automated means is prohibited, and entries so generated are void. This Contest is conducted in English (which will be given its everyday ordinary meaning). By entering this Contest, you hereby agree that (a) any and all disputes shall be resolved in the appropriate state and federal courts in the State of Florida, (and should there be a conflict between the laws of the State of Florida and any other laws, the conflict will be resolved in favor of the laws of the State of Florida, (b) you irrevocably waive any objection, which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions, including any objection to the laying of venue based on the grounds of forum non convenience and any objection based on the grounds of lack of in persona jurisdiction, and (c) IN ANY LITIGATION ARISING FROM OR RELATED TO THIS CONTEST, YOU HERETO AND HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY RELATING TO THIS CONTEST. You may not assign, transfer or otherwise delegate any obligation you have under these Official Rules without THE SPONSOR's prior written approval, which such approval may be withheld by THE SPONSOR in its sole discretion. The failure of THE SPONSOR to enforce, insist upon, or comply with any of the terms, conditions or covenants of these Official Rules or the Contest, or THE SPONSOR's waiver of the same in any instance or 8
instances shall not be construed as a general waiver or relinquishment of any such terms, conditions or covenants, but the same shall be and remain at all times in full force and effect. You acknowledge that you have carefully reviewed these Official Rules, that you have been advised with regard to the subject matter hereof by your legal counsel selected by you if you so choose to seek such counsel, and that these Official Rules and any uncertainty or ambiguity herein and therein shall not be construed against THE SPONSOR's as drafter. Should any provision, portion or application thereof, of these Official Rules be determined by a court of competent jurisdiction to be illegal, unenforceable or in conflict with any applicable laws, an equitable adjustment to the affected provisions of these Official Rules with a view toward effecting the purpose of these Official Rules, and the validity and enforceability of the remaining provisions, portions or applications thereof, shall not be impaired. 14. Privacy and Contest Communications: Personal information collected from entrants during the Contest is subject to Sponsor’s Privacy Policy available at https://www.myfloridaprepaid.com/privacy‐policy/. By entering this Contest you understand that Sponsor, its third party vendors, and its advertising or Contest agencies may use your personal information (including e‐mail address) for administration of the Contest, the fulfillment of prizes, for marketing purposes, and to provide you with information about Sponsor’s Contests, products, services, and special offers. You expressly consent to the use of your information by Sponsor and its advertising or Contest agencies for such purposes. PLEASE NOTE: The Florida Prepaid College Foundation and the Florida Prepaid College Board do not provide tax or investment advice regarding its Florida Prepaid College Plans or Florida 529 Savings Plan. Florida Prepaid College Plans are financially guaranteed by the State of Florida, F.S. 1009.98(7). The Florida 529 Savings Plan is not guaranteed and is subject to market conditions; as with any investment, it is possible to lose money by investing in this plan. 9
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