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Nick Jr. Super Fan Monthly


Contest Official Rules



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VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AND THE PARENT OR LEGAL GUARDIAN OF A CHILD 7 YEARS OF AGE OR YOUNGER AT THE TIME OF ENTRY.

CONTEST PERIOD/ENTRY DEADLINE:

The “Nick Jr. Super Fan Contest” (the “Contest”) takes place every month during July, August, September, October, November and December, 2008 and begins the first day of each month at 12:00:01 p.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET on the last weekday of that month (“Contest Period”). There will be no so-called “roll-overs” from month to month of Entries.

ELIGIBILITY:

To enter the Contest you must be a legal resident of the 50 United States and be over the age of 18 at the time of entry with a child under 7 years of age (the “Participant”). This Contest is void outside of the 50 United States and the District of Columbia and where prohibited or restricted by law. Employees of MTV Networks (the “Sponsor”), National Sweepstakes Company, the Independent Judging Organization (the “Judges”) and all of their respective affiliated, parent, and subsidiary companies, and the advertising and promotion agencies, and each of their respective officers, directors, employees, representatives and agents ,members of their immediate families (parents, children, siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and, professional writers are ineligible to participate in this Contest. Sponsor and Judges shall also be referred to herein as “Contest Entities”. Eligibility will be determined by the Contest Entities, in their sole discretion.

HOW TO ENTER:

Visit superfan.nickjr.com, each month during the Contest Period and fill out an official entry form provided on the website. Along with the official entry form, you will be prompted to submit a photo of your child featured as that month’s “character of the month” along with a short description of the photo (the “Entry”). To be eligible to enter or win, each Entry must include an official entry form, a description of the photo and a photo. The official entry form must be typed and not hand-written; your description must be 50 words or less (including I, a, etc.); and your photo must incorporate that month’s featured character. If any of the foregoing are not present, your Entry will be disqualified. All Entries for a particular month must be received not later than 11:59:59 p.m. ET on the last weekday of that particular month (“Monthly Deadline”) to be entered in to that month’s Contest.

GENERAL REQUIREMENTS FOR ENTRIES:

A. Each Participant accepts the terms of these Official Rules and releases content to Contest Entities to be used at their sole discretion. B. Each Participant agrees, warrants and represents that the use of the Entry submitted in this Contest will not defame or invade publicity rights or the right of privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or violate the rights of any third parties and that he/she has unrestricted right to submit the Entry. C. Entries must be in keeping with Sponsor’s positive image, as determined by Contest Entities in their sole discretion. Any Entry containing content that does not keep with the Sponsor’s positive image or contains obscenity, crude language, or descriptions of a violent or sexual nature or otherwise objectionable or offensive in any way (as defined and determined solely by the Contest Entities) will not be accepted and the associated Entry will be disqualified. D. Entries must not have been previously submitted, distributed, published and/or aired (if applicable) in whole or in part, or have won any award in a competition, and must be the exclusive original work of only the Participant and must be true and verifiable as to its originality. E. Entries must not include reference to products, copyrighted language or trademarks except those of that month’s featured character. F. Entries may not violate or encourage others to violate any applicable law, statute, ordinance or regulation. G. Entries may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest and/or the website and/or the proper conduct of the Contest. H. Multiple Entries will be accepted from one Participant however duplicated Entries from the same Participant will be disqualified. Only complete Entries will be accepted. If an Entry is incomplete or does not comply with the specifications and rules described herein, or if the Entry submitted does not comply with the required specifications, then the Entry may be disqualified at Contest Entities’ sole discretion. Contest Entities will not verify or acknowledge receipt of Entries. In the event of a dispute as to the identity of the owner of the Entry, the authorized account holder of the email address from which the Entry originated will be deemed to be the author of the Entry. Participants should retain a copy of all materials submitted for the Contest.

SELECTION OF THE POTENTIAL PRIZE WINNERS:

Selection of Monthly Potential Winners: Each month during the Contest Period the Judges will select five (5) Monthly Potential Winners based on the following criteria: (i) creativity of photo, (ii) level of family involvement/do-together, (iii) authenticity of character involvement (real vs. staged) and (iv) quality of the descriptive paragraph.

Grand Prize Winner: In January 2009 those Entries that have been officially deemed a Monthly Winner will be posted at superfan.nickjr.com and voting will begin using a “user based generated voting system”. The voting system is a filtration system that puts all Entries head to head online allowing viewers to vote for which of the Entries they prefer. Based on the number of votes that each of the 30 Entries received, the Entry with the highest number of votes will be declared the Grand Prize Winner subject to verification and qualification. Provided that a potential winner is otherwise in compliance with these Official Rules and has fulfilled the conditions set out in these Official Rules, such potential winner will then receive the Prize as described in Paragraph 7 below. In the event of a tie, the Contest Entities will select the Entry which scored the highest in the authenticity of character portion of the judging.

NOTIFICATION:

All potential winners will be notified by telephone and/or email within 4 business days of judging. No messages will be left on answering machines or voicemail. If a potential winner cannot be reached within five (5) business days from the first notification attempt such potential winner may be disqualified at Contest Entities’ discretion and an alternate potential winner will be selected based upon the next-highest ranking score.

PRIZES:

Monthly: Each of the monthly winners will be awarded a prize package featuring products with that month’s given character (estimated retail prize of a monthly prize: $80.00).

The Grand Prize: Grand Prize Winner will receive a character makeover of either their bedroom or playroom (Approximate Retail Value (ARV) $3,000.00) and a Character Party (ARV $1,000.00). All other expenses not included in the Grand Prize description are the sole responsibility of Grand Prize Winner.

All prizes are non-transferable and have no cash equivalent and can not be exchanged by a Winner for cash or any other form of consideration. Substitution of prizes by winners is prohibited. Contest Entities reserve the right in their sole discretion to substitute any prize with a prize of comparable value. Contest Entities are not responsible for winner limitations that prevent acceptance or use of a Prize or for prize utility, quality or otherwise. Sponsor is only responsible for prize delivery.

If a Winner resides in the State of California, such Winner agrees to waive any and all right that they or any party claiming by, through or for them have, have had, may now have or hereafter will have under the provision of Section 1542 of the civil Code of the State of California and any similar provision in any other jurisdiction. Section 1542 provides as follows:

“A general release does not extend to claims which the creditor doe not know or suspect to exist in his or her favor at the time of executing a release, which if known by him or her must have materially affected his or her settlement with the debtor.”

RELEASES/TAXES:

Before the potential Grand Prize Winner will be deemed an Official Winner, he/she will be required to execute an Affidavit of Eligibility, Assignment of Rights and a Publicity/Liability Release (except where prohibited) (“Affidavit/Release”) and any other legal documents that Contest Entities may require (including W9 form). The Affidavit/Release and other documents must be returned by the date noted on the form. If (i) such documents are not returned within that time, (ii) a prize or prize notification is returned as undeliverable or (iii) a potential winner is found to be ineligible or does not comply with the Official Rules such potential winner will be disqualified. In the event a potential winner is disqualified for any reason under the provisions of these Official Rules, then the Participant with the next highest score will be awarded such prize. All federal, state or other tax liabilities (including income taxes) arising from the Grand Prize contained in this Contest will be solely the responsibility of Winner.

USE/OWNERSHIP:

All Entries submitted or that may be submitted shall become the property of Contest Entities (whether the Participant is disqualified or not) and will not be returned. The “Terms and Conditions of Use” and the “Privacy Policy” found on www.nickjr.com are applicable in all respects to this Contest and to the submission of all Entries, including ideas and any personal information which may be submitted. Except to the extent prohibited by United States law, by participating in the Contest, Participant agrees that: i) Sponsor shall own the Entry submitted by the Participant (including all rights embodied therein) and shall unconditionally and irrevocably assign and transfer to the Sponsor any and all rights which he/she now has or may in the future have in the Entry, including without limitation, the copyright and any and all renewals therein, in any and all media whatsoever, ii) Participant shall have no right to review or approve edits, alterations or modifications, and the Participant waives the benefit of any provision of law known as “word rights”, and iii) that Contest Entities and their designees may use, copy, publish, and publicly display all elements of such Entry (including but not limited to the Participant’s name, address [city and state], biographical information, statements, voice, photograph and other likeness) in whole or in part, in any and all media either now known or not currently known, in perpetuity throughout the universe for all purposes (including but not limited to promotional and marketing purposes, and for advertising, publicizing and promoting the Sponsor’s products, and for use in connection with displays of quotes from the Participant), without notification and without compensation of any kind to contestant or any third party. The Contest Entities reserve all rights, including without limitation, the right to reproduce, alter, amend, edit, publish, modify, crop and use each Entry in connection with commercials, advertisements and promotions related to the Sponsor, the sales of Sponsor’s products, the Contest and any other contests sponsored by Sponsor, in any and all media, now or hereafter known, including but not limited to, all forms of television distribution, theatrical advertisements, radio, the Internet, newspapers, magazines and billboards. Participant recognizes that other persons, including but not limited to Contest Entities’ employees may have submitted to Contest Entities or to others or made public, or may hereafter originate and submit or make public, similar or identical material which Contest Entities shall have the right to use, and Participant understand that he/she will not be entitled to any compensation because of Contest Entities’ use of such other similar or identical material.

CONTEST CONDITIONS:

This Contest is subject solely to the applicable federal, state and local laws of the United States. By participating, Participant agrees (i) that only the laws of the United States shall be applicable to this Contest and their participation in this Contest; (ii) to be bound by these Official Rules and the decisions of the Contest Entities, and to waive any right to claim ambiguity in this Contest or these Official Rules, and (iii) to release, discharge, indemnify and hold harmless the Contest Entities, and their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Released Parties”), from and against any and all claims, damages or liabilities due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest, including any claims relating to use, misappropriation or disclosure of the Entry as described herein. All decisions of the Judges and Sponsor are final in all matters relating to this Contest.

LIMITATIONS OF LIABILITY:

By accepting a prize, Winner releases the Released Parties from any and all liabilities with respect to the prize. Contest Entities are not responsible for (i) lost, late, stolen, misdirected, damaged, incomplete or garbled entries, (ii) any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer online systems, servers or providers, computer equipment, software, failure of submission of Entry on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to Participant’s or to any other person’s computer(s) related to or resulting from participating or downloading materials contained in this Contest, (iii) communication disruption or other forces, including inability to access any website, submitting an Entry or other disruption related to internet traffic, virus, bug or any unauthorized intervention whether or not caused by any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity(ies), equipment failure, including overloading of the Website due to excessive use, threatened terrorist act(s), terrorist act(s), air raid(s), blackout(s), act(s) of public enemy, earthquake(s), war(s) (declared or undeclared), fire(s), flood(s), epidemic(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), or any other similar or dissimilar cause(s), (iv) injury or damage to person or property caused, directly or indirectly, in whole or in part from any Participant's Entry or receipt or use of any Prize or portion thereof or by computer virus or otherwise resulting to any computers from Participant’s access to the Contest website or entry into the Contest, (v) printing or other errors appearing in the rules or other Contest materials ,(vi) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail account to receive e-mail messages, or (vii) damage to any computer system resulting from participation in, or accessing or downloading information in connection with this Contest.

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 cause which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Contest Entities reserve the right at its sole discretion to cancel, terminate, modify or suspend the Contest. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Contest Entities may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Contest. Contest Entities are not responsible for incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error that may occur in the processing of the entries in this Contest. Participants further agree that in any cause of action, the Contest Entities’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Contest Entities, their directors, employees, officers and agents, including without limitation, their advertising and promotion agencies, be liable for attorneys' fees and/or experts' fees and costs. Participants and their respective Candidate or Grand Prize Winner waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Contest Entities reserve the right in its sole discretion to disqualify any individual that Contest Entities find to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Contest Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Contest Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision contained in the Official rules. CAUTION: ANY ATTEMPT BY AN PARTICIPANT TO DELIBERATELY DAMAGE ANY CONTEST-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CONTEST ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

RULES/WINNER INFORMATION:

To receive an additional copy of these rules or the winner’s information, send a self-addressed, stamped envelope by February 15, 2009 to: “Nick Jr. Super Fan Contest” 1515 Broadway, 37th Floor, New York, NY 10036. Please specify “Rules” or “Winner Information.” You may also view the Official Rules at www.nickjr.com.

SPONSOR:

MTV Networks, 1515 Broadway, New York, NY 10036

SWEEPSTAKES ADMINISTRATOR:

The National Sweepstakes Company, 693 East Avenue, Suite 103, Rochester, NY 14607