Contest Rules

OFFICIAL RULES

Family Dance-off 2012

 

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. INTERNET ACCESS REQUIRED. YOU HAVE NOT YET WON.  OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C, WHO ARE 21 YEARS OF AGE OR OLDER AND WHO ARE THE PARENT OR LEGAL GUARDIAN OF ANY MINOR FEATURED IN THEIR VIDEO SUBMISSION. VOID WHERE PROHIBITED.

ELIGIBILITY: The Family Dance-off Contest (collectively, the “Promotion”) is open only to legal residents of the 50 United States or the District of Columbia who are at least 21 years or older as of the first day of the Promotion (February 25, 2012) AND who are the parents or legal guardians of any minor featured in a video submission as part of this Promotion. Void in Puerto Rico, US territories and possessions and where prohibited or otherwise restricted by law. Primrose School Franchising Company (“Sponsor”), its corporate office or corporate or franchised school employees, contractors, directors and officers, and their respective parents, subsidiaries, franchisees (including but not limited to any Primrose School franchisees), divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable, and their respective officers, directors, shareholders, members, employees, agents, successors and assigns, and all others associated with the development, promotion, evolvement and execution of this Promotion (collectively the “Promotion Entities”), in addition to their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are not eligible to enter or submit a video in this Promotion. Participation in the Promotion constitutes each entrant’s full and unconditional agreement to and acceptance of these Official Rules, including, but not limited to, entrant’s consent to receive email messages from Sponsor in connection with the Promotion. Each Promotion entrant is referred to herein as, a “Participant.”

HOW TO ENTER: To enter the Promotion, go to www.FamilyDanceoff.com between 12:00 a.m. EST on February 25, 2012 and 11:59 p.m. EST on March 23, 2012 (the “Submission Period”) and follow the links and instructions to complete all the required fields provided on the registration form (“Registration Form”), upload your video (“Submission”), and click “submit” to complete. All Submissions must be received by 11:59 p.m. EST on March 23, 2012 (the “Submission Deadline”). Sponsor’s Promotion computer is the official clock for the Promotion. Limit one Submission per Entrant and per email address. All Submissions must meet the standards and requirements set out in these Official Rules including, but not limited to, the Video Submission Requirements (specified below). Proof of sending is not proof of receipt by Sponsor. 

VIDEO SUBMISSION REQUIREMENTS:

A. Submissions must not exceed thirty (30) seconds in length and cannot exceed twenty (20) megabytes.

B. Submissions must be in one of the following video formats: .mpg, .wmv, .mov, .mp4, .mpeg, .avi and .flv.

C.  Submissions must be in the English language or be subtitled in English.

D. Submissions must be the original creation of the submitting Participant and should feature the Participant’s family’s dancing ability. Participant must be the Parent or Legal Guardian of any minor under the age of 18 contained in the Submission and authorized to grant, and hereby grants, full worldwide permission to the Promotion Entities to use any such minor’s name, likeness, voice, performance or statements, as contained in the Submission for any and all marketing, advertising and other purposes.

E. Only one family may be featured in each video Submission.  No videos of groups (unless all individuals featured in the video are from the same family) will be accepted into the Promotion. 

F. Participants agree and understand that Submissions will be made available to the public, including but not limited to posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Submission.

G. Participants are responsible for securing all necessary permissions, talent and location releases (collectively “Releases”), and licenses for any visual, musical and audio material contained in the Submissions, and for providing such Releases to Sponsor upon request.

H. Submissions may not contain or depict someone smoking or intoxicated, contain an advertisement or a solicitation of any business, or include an impersonation of someone.

I. Submissions may not contain unsafe behavior or situations, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements or material considered illegal. Submissions containing any such aspects or that are in violation of law or otherwise deemed by Sponsor, in its sole discretion, to be prejudicial to Sponsor or inappropriate in any way will be disqualified. Submissions determined, in Sponsor’s sole discretion, to infringe on any intellectual property rights or other rights will be disqualified.

J. Each Submission must be created and entered on an individual basis only (i.e., no joint or corporate entries or entries on behalf of any Participant). Submissions must not have previously been entered into this Promotion in a previous year or another contest or received a prize.

K. Each Submission must be an original work (except for materials in the public domain) which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Participant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets, trademarks or other intellectual property rights belonging to any person or entity or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured.

L. By uploading the Submission, each Participant agrees, for zero compensation, to grant to Sponsor and Children’s Miracle Network Hospitals® a worldwide, irrevocable, fully transferable and sublicensable, and perpetual license in and to all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the worldwide right to publish, display, modify, adapt, perform, distribute, make available to the public and/or reproduce the Submission through any media available for the purpose of administering and conducting the Promotion and for any and all marketing or other purposes. In addition, Participant warrants that any so called “moral rights” in the Submission have been waived and Participant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials.

M. Sponsor is not responsible for any expenses incurred in the production and delivery of the Submissions.

N. Any Submission that does not comply with the above restrictions or any other requirement herein is subject to disqualification and Sponsor reserves the right at its sole discretion to remove any Submission if Sponsor receives notification about any potential infringements or breaches of law or for any other reason set forth herein.

Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; for any error, human, technical or otherwise; or for any injury or damage to Participant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion.

In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A selected Participant may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Rules or applicable law. Submissions delayed past the Submission Deadline of the Promotion Period will not be accepted and will be destroyed.

HOW TO VOTE:  To vote for Submissions during any of the voting periods noted below, go to www.FamilyDanceoff.com (the “Promotion Site”) to view all accepted Submissions on the viewing page. Vote for your favorite Submission based on its creativity, originality and humor by selecting that Submission on one of the Promotion Sites. Only one vote will be permitted per computer or mobile device (as qualified by unique IP address) per calendar day, Eastern Time (“ET”). Multiple votes from the same IP address on the same calendar day shall be disqualified. Sponsor reserves the right to take such steps as it deems necessary in its sole discretion, to verify the validity of votes.  Multiple votes from the same computer or mobile device during any calendar day (ET) will be disqualified.  Use of false, fictitious or fraudulent computer or mobile device identifications or other means of obtaining multiple votes in excess of those permitted under these Official Rules is prohibited.  Automated voting of any kind is not allowed. Detection of said automated voting will lead to votes being voided in Sponsor’s sole discretion. All decisions of Sponsor regarding the validity of Votes are binding on all Participants.  These rules apply to both the voting for the Weekly Finalists as well as the voting for the winners of the Promotion.

NOTE: Any ranking or listing of voting results on the Promotion Site or elsewhere before the formal declaration of a winner should be considered preliminary and should not be construed as the final vote. It is possible that after Sponsor validates votes, rankings may change and the winner may be a Submission that had a lower ranking before such validation.

WEEKLY FINALIST SELECTION:  All accepted Submissions will be posted on the Promotion Site and can be voted upon by the general public during the General Voting Weeks (as defined below). Weekly Finalists will be selected as follows: the four (4) Submissions receiving the highest cumulative total of valid votes at the conclusion of each General Voting Week will become Finalists. There will be a total of sixteen (16) Weekly Finalists selected by means of this voting process (four (4) weekly finalists from each of the four (4) General Voting Weeks). Once aSubmission is selected as a Weekly Finalist, it is not eligible to be voted on as a Weekly Finalist in anotherGeneral Voting Week.

The General Voting Weeks will be as follows:

Week #1: 12:00 a.m. ET on February 25, 2012 to 11:59 p.m. ET on March 2, 2012. The Week #1 Finalists will be announced on or about March 3, 2012.

Week #2: 12:00 a.m. ET on March 3, 2012 to 11:59 p.m. ET on March 9, 2012. The Week #2 Finalists will be announced on or about March 10, 2012.

Week #3: 12:00 a.m. ET on March 10, 2012 to 11:59 p.m. ET on March 16, 2012. The Week #3 Finalists will be announced on or about March 17, 2012.

Week #4: 12:00 a.m. ET on March 17, 2012 to 11:59 p.m. ET on March 23, 2012. The Week #4 Finalists will be announced on or about March 24, 2012.

VIDEO CONTEST WINNER VOTING/SELECTION:  The Video Contest Grand Prize, Second Prize and Third Prize winners will be determined by the number of valid votes recorded by Sponsor from the voting public during Finalist Week.  Sixteen finalists will compete from 12:00 a.m. EST on March 26, 2012 to 11:59 EST on March 30, 2012 (“Finalist Week”) to receive the most popular votes online. The Grand Prize Winner will be the Participant that receives the most valid votes during the Finalist Week, the Second Prize Winner will be the Participant that receives the second most valid votes during the Finalist Week, and the Third Prize Winner will be the Participant that receives the third most valid votes during the Finalist Week.

The Video Contest Grand Prize Winner, Second Prize Winner and Third Prize Winner will be announced on the Promotion Sites after March 31, 2012. All decisions are final and binding on all Participants.

PRIZES: The Video Contest Grand Prize Winner will be awarded $5,000 in the form of a check. In addition, Sponsor will make a donation of $30,000 (“Grand Prize Charitable Donation”) to the Grand Prize Winner’s local Children’s Miracle Network Hospital. The Sponsor will make the Grand Prize Charitable Donation in the Grand Prize Winner’s name, but all tax benefits (including but not limited to any tax credits or deductions) of the Grand Prize Charitable Donation will be claimed by Sponsor, and none may be claimed by the Grand Prize Winner.

The Second Prize Winner will be awarded $3,000 in the form of a check. In addition, Sponsor will make a donation of $20,000 (“Second Charitable Donation”) to the Second Prize Winner’s local Children’s Miracle Network Hospital. The Sponsor will make the Second Charitable Donation in the Second Prize winner’s name, but all tax benefits (including but not limited to any tax credits or deductions) of the Second Charitable Donation will be claimed by Sponsor, and none may be claimed by the Second Prize Winner.

The Third Prize Winner will be awarded $1,500 in the form of a check. In addition, Sponsor will make a donation of $15,000 (“Third Charitable Donation”) to the Third Prize Winner’s local Children’s Miracle Network Hospital. The Sponsor will make the Third Charitable Donation in the Third Prize Winner’s name, but all tax benefits (including but not limited to any tax credits or deductions) of the Third Charitable Donation will be claimed by Sponsor, and none may be claimed by the Third Prize Winner.

Children’s Miracle Network Hospitals® is a 501(c)(3) charitable organization based in Salt Lake City, Utah whose mission is to saves the lives of children by raising funds and awareness for children's hospitals and foundations throughout North America.

Each of the (16) Weekly Finalists will earn their local Children’s Miracle Network Hospital a donation of $1,000 made by the Sponsor (“Finalist Charitable Donation”). The Sponsor will make the Finalist Charitable Donation in the Finalist’s name, but all tax benefits (including but not limited to any tax credits or deductions) of the Finalist Charitable Donation will be claimed by Sponsor, and none may be claimed by the any of the (16) sixteen Finalists.

The combined total value of all prizes available to be won in the Promotion (excluding any of the charitable donations listed above) is estimated at $9,500 USD.

All winners will be notified within thirty (30) days after the selection of such winner by telephone, e-mail or mail. In order to receive any prize, the winning Participant or his/her parent/legal guardian, as applicable, must complete and return to us an Affidavit of Eligibility and a Liabilities/Publicity Release Form (“Affidavit and Release”), except where prohibited by law, and where required for tax reporting purposes, a Form W-9, within seven (7) days of receipt of notification as a potential winner. Failure to return the signed Affidavit and Release within seven (7) days may result in forfeiture of the prize, except where prohibited by law. All prize awards are subject to verification, eligibility and compliance with these Official Rules. If a potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if he/she fails to return the signed Affidavit and Release within seven (7) days, where legal, or if the potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified. In the event of the disqualification of any Promotion Grand Prize, Second Prize or Third Prize winner, an alternate winner, as applicable, will be selected in his/her place by selecting the Submission with the next highest number of valid votes.  For example, if a Grand Prize Winner is disqualified, the Second Prize Winner will become the Grand Prize Winner, the Third Prize Winner will become the Second Prize Winner, and a new Third Prize Winner will be selected from the next highest vote getter.  If a Weekly Finalist is disqualified prior to the Finalist Week, then Sponsor will select the next highest vote getter during the applicable General Voting Week to be the substitute Finalist for the voting for the Grand Prize, Second Prize and Third Prize.  If a Weekly Finalist is disqualified during or after the Finalist Voting Week and did not win either the Grand Prize, Second Prize or Third Prize, then Sponsor will select the next highest vote getter during the applicable General Voting Week to be the substitute Finalist, but such substitute Finalist will not participate in the Finalist voting and will only be eligible to select the recipient of the Finalist Charitable Donation.

GENERAL: The Promotion Entities reserve the right to terminate, cancel, suspend and/or modify the Promotion without liability and without prior notice if any factor interferes with its operation as contemplated by these Official Rules, including but not limited to any fraud, virus or other technical problem which corrupts the administration, security, or proper operation of the Promotion. Only one prize may be collected per household (same family name, same address). CAUTION; ANY ATTEMPT BY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. 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 use of automated or third party software or another web site not approved by Sponsor in order to register or enter this Promotion is prohibited. Any questionable activity that increases votes for a Submission will result in disqualification of that entry or the suspect votes, or similar action, in Sponsor’s sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any Participant who is suspected of tampering with the Submission, voting or selection process.

Except in the cases of death or personal injury caused directly by the intentional misconduct or gross negligence of the Promotion Entities, the Promotion Entities shall have no liability and shall be released and held harmless by Participant(s), and any minors or other family members,  appearing in or involved in a Submission, as applicable, for any damage, loss or liability to person or property, including without limitation any claim for infringement of intellectual property rights, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize or participation in this Promotion or in the creation or production of any Submission. Participants assume all risk of loss, damage, destruction, delay or misdirection of mail or email or any Submission submitted to Sponsor. All prizes are awarded upon the condition that the Promotion Entities shall have no liability whatsoever, subject to the limitations set forth herein, and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in the Promotion and any Promotion related activities (including, but not limited to, the creation or production of any Submission) and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

All personal information that Participants submit will be subject to Sponsor’s privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For a copy of Sponsor’s full on-line privacy policy please visit http://www.PrimroseSchools.com/PrivacyPolicy.aspx.

No prize substitutions may be made, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize with another prize of greater or equal value in the event that any particular prize is unavailable or cannot otherwise be awarded as described.

The winners are responsible for all income and other taxes on the prizes awarded. Sponsor will issue a Form 1099 to all winners with prizes valued at $600 or more.

Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration (where legal) under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), with the arbitration to take place in the office of AAA closest to the Participant’s residence.  Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event shall Participant be entitled to attorney’s fees, consequential, indirect, special or punitive damages, all of which are expressly waived by Participant.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction). Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

DMCA: Sponsor complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office.

If you have a concern regarding the use of copyrighted material on any of Sponsor’s web sites, including, but not limited to, [www.familydanceoff.com], please contact the agent designated to respond to reports alleging copyright infringement.

The designated agent for Sponsor to receive notification of claimed infringement under Title II of the DMCA is: B. Jordin, Jackson Spalding, 1100 Peachtree Street, NE, Suite 900, Atlanta, GA 30309.

DMCA Claims

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

  • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any Submission that is taken down from thePromotion website under this provision shall be declared ineligible to participate or win a prize.

Official Rules and Winners List: For a copy of the Official Rules or list of prize-winners, which shall be available after April 15, 2012, please send a separate, self-addressed stamped envelope to: Primrose Schools Family Dance-off, 3660 Cedarcrest Rd., Acworth, GA 30101. Vermont residents may omit return postage.

Sponsor: Primrose School Franchising Company, 3660 Cedarcrest Road, Acworth, GA 30101