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Terms/Agreement for 2015 Cover Kids Contest

The 2015 Houston Family Magazine Cover Kids Photo Contest Rules

Void outside the greater Houston area and where prohibited. Do not proceed to enter if you are not at least 18 years of age and a legal resident of, and located within, one of the 5 counties of greater Houston (Brazoria, Ft. Bend, Galveston, Harris or Magnolia) at the time of entry. By participating, you agree to be bound by these Official Rules and the decisions of the sponsor, which are binding and final in all matters relating to this promotion. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering, you understand that you are providing your information to Sponsor and not to Facebook.

NO PURCHASE NECESSARY TO ENTER OR WIN. A CONTEST ENTRY/PHOTO UPLOAD IS NOT REQUIRED TO ENTER COVER KIDS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING THE CONTEST OR CONTESTS. A CONTEST ENTRY/PHOTO UPLOAD WILL NOT INCREASE YOUR CHANCES OF WINNING THE CONTEST.

Sponsor: Red Head Media, LLC, 5131 Braesvalley, Houston TX 77096 (“Sponsor”).

Promotion Period: The 2015 Houston Family Magazine Cover Kids Photo Contest (the “Photo Contest”) commence at 10:00:00 AM Central Standard Time (“CST”) on October , 2014 and end at 5:59 PM CST on November 30, 2015 (the “Promotion Period”).

THE PHOTO CONTEST: During the Promotion Period, there is one (1) way to enter the Photo Contest and to receive one (1) contest entry (“Contest Entry”). You must appear in person at either West Oaks Mall on Oct 25, 2015 from 10am-4pm or at LaCenterra in Katy for the Houston Family FunFest on November 1, 2015 from 12-4pm.

In Person Entry: You must come to one of the locations listed above and bring your child, appropriately dressed and well-groomed to have their photo taken by the Houston Family Magazine photographer. Your child must be between age five (5) years and seventeen (17) years as of the date of entry.. You must be a parent or legal guardian of the child so you can sign the entry forms.

There is no cost to register or enter.

Entering the Photo Contest will automatically register entrant at houstonfamilymagazine.com if entrant has not already registered. See Privacy paragraph below for details on registration.

Contest Entries generated by script, macro or other automated means or practices, or by any means which subvert the entry process will be void. All Contest Entries are final upon submission and become the property of Sponsor and will not be returned.

By submitting a Contest Entry, entrant hereby grants permission for the Contest Entry to be posted at https://houstonfamilymagazine.com/photo or other websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Contest Entries by third parties. Released Parties do not guarantee the posting of any Contest Entry and reserve the right to remove any posted Contest Entry at any time whatsoever and/or for any reason.

LICENSE FOR USE OF ENTRIES: By submitting a Contest Entry, each entrant grants, and represents and warrants that the entrant has the rights and authority necessary to grant, Sponsor an irrevocable, non-exclusive, fully sublicensable license and right to exploit, edit, modify, and distribute the Contest Entry and all elements of such Contest Entry, including, without limitation, the photo and the likenesses of any locations and/or persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party. You further represent and warrant that you did not work with parties in conjunction with your Contest Entry who are: (i) represented under contract (e.g., by a talent agency or manager) that would limit or impair Sponsor’s ability to display your Contest Entry in any media form; (ii) subject to an acting or modeling contract that would make your/their appearance in the Contest Entry a violation of any third-party rights; or (iii) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Contest Entry worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.

ELIGIBILITY: Photo Contest is open to each legal resident of the greater Houston area, 18 years of age or older, who is the parent or legal guardian of a child age five (5) years to seventeen (17) years at the time of entry and who is depicted in the Contest Entry photo submitted. Employees of Sponsor, TL Modeling Agency and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Photo Contest and/or their respective parents, agents, affiliates, subsidiaries, and advertising and promotion agencies, and their immediate family members (regardless of where they reside) or household members, whether or not related, are not eligible to enter or win. “Immediate family members” shall mean spouses, parents, step-parents, children, step-children, siblings, step-siblings, and their respective spouses. “Household members” shall mean people who share the same residence at least three months a year.

PHOTO CONTEST JUDGING AND WINNER SELECTION

On or about November 25, 2015, a panel of qualified judges selected by Sponsor, in its sole discretion, will judge all eligible Contest Entries received for each Category based on the following criteria: overall appearance of the child as shown in the photo (34%), personality of child as expressed through the photo (33%) and photos representation of the Houston Family Magazine brand aesthetic (33%). The twenty-three (23) Contest Entries for each Category receiving the highest total scores will be deemed Finalists and the Grand Prize Winner will be chosen.

Fan Favorite: During the same Promotion Period, a ‘Fan favorite’ will also be chosen based on the number of votes received on Facebook. A ‘Fan favorite’ is chosen by receiving the most ‘Likes’ from Facebook fans on the Houston Family Magazine Facebook page during the “Promotion Period”. The entry that receives the most number of likes by November 30th, 2015 at 5:59 pm CST will be deemed the “Fan Favorite”.

Notification: On or about December 2, 2015, all winners will be notified by email and/or telephone to confirm compliance with the eligibility requirements stated herein.

Fan Favorite voting: Limit one (1) vote per person and per email account and per Facebook account per day throughout the Finalist Voting Period. The Semi-finalist entry with the highest total number of votes will be deemed a potential Cover Kids Contest Finalist, subject to verification of eligibility and compliance with these Official Rules, and will be eligible to receive a Fan Favorite prize package. VOTE COUNTS DISPLAYED ONLINE MAY NOT BE ACCURATE. RESULTS ARE UNOFFICIAL UNTIL ALL ONLINE VOTES HAVE BEEN COUNTED AND VERIFIED BY SPONSOR. Votes received from any person or Facebook account in excess of the stated limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.

PRIZES: PHOTO CONTEST GRAND PRIZE (1): A professional photo shoot with Laura Chiles Photography (valued at $750) Clothing to wear at the cover photo shoot (valued at a minimum of $100) and The opportunity to be featured on the cover of a future issue of Houston Family Magazine. The opportunity to appear on the cover of Houston Family Magazine has no retail value, and if this prize component is not available and/or cannot be awarded for any reason, the remaining element of the prize shall constitute full satisfaction of Sponsor’s prize obligation to Photo Contest Grand Prize Winner and no additional compensation will be awarded.

FAN FAVORITE WINNER PRIZE: (2) A professional photo shoot with Laura Chiles Photography (valued at $500) Clothing to wear at the cover photo shoot (valued at a minimum of $100) and The opportunity to be featured on the cover of a future issue of Houston Family Magazine. The opportunity to appear on the cover of Houston Family Magazine has no retail value, and if this prize component is not available and/or cannot be awarded for any reason, the remaining element of the prize shall constitute full satisfaction of Sponsor’s prize obligation to Photo Contest Grand Prize Winner and no additional compensation will be awarded.

FINALIST WINNER PRIZE (3): A professional photo shoot with Laura Chiles Photography (valued at $250) and The opportunity to be featured on the cover of a future issue of Houston Family Magazine. The opportunity to appear on the cover of Houston Family Magazine has no retail value, and if this prize component is not available and/or cannot be awarded for any reason, the remaining element of the prize shall constitute full satisfaction of Sponsor’s prize obligation to Photo Contest Grand Prize Winner and no additional compensation will be awarded.

PHOTO CONTEST FINALIST PRIZE CONDITIONS: In the event that a prize component is not available for any reason, the remaining elements of the prize shall constitute full satisfaction of Sponsor’s prize obligation to Photo Contest Finalist and no additional compensation will be awarded. All arrangements and reservations must be made through Sponsor’s agent, on a carrier of Sponsor’s choice and on dates selected by Sponsor. All applicable federal, state and local taxes, if any, and all other costs and expenses associated with prize acceptance and use not specified herein as being provided, including without limitation additional ground transportation, meals, are the sole responsibility of the Photo Contest Finalist. Released Parties (as defined below) disclaim all and any liability for the actual provision, quality or nature of any prize (or portion thereof) accepted by Photo Contest Finalist. The awarding of any prize is contingent upon full compliance with these Official Rules.

GENERAL PRIZE CONDITIONS: Prizes are awarded “as is” with no warranty or guarantee either express or implied by Sponsor. Winners and/or Photo Contest Finalists may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners and/or Photo Contest Finalists are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Released Parties (as defined below) disclaim all and any liability for the actual provision, quality or nature of any prize accepted by the Winners and/or Photo Contest Finalists. The awarding of any prize is contingent upon full compliance with these Official Rules.

CONTESTS: NO PURCHASE NECESSARY TO ENTER OR WIN. A PHOTO CONTEST ENTRY IS NOT REQUIRED TO ENTER THE CONTESTS. A PURCHASE OR CONTEST ENTRY WILL NOT INCREASE YOUR CHANCES OF WINNING.

PRIVACY: Registration at houstonfamilymagazine.com is required to enter the Contest. When you register, we collect personally identifying information about you, including your name, complete mailing address, and email address. The information that you provide will be added to a centralized Sponsor database and you will simultaneously be registered for Sponsor’s other websites as well. By entering and providing the required registration information, you acknowledge that Sponsor may send you information, samples, or special offers it believes may be of interest to you about its publications or other complementary goods offered by Sponsor. Your email address will not be sold or rented to third parties. IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THIS PROMOTION.

RELEASES: By participating in this Promotion, entrants agree to release Sponsor, Facebook and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Promotion and each of their respective parents, agents, affiliates, subsidiaries, advertising and promotion agencies, and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss, damage or death arising in any manner, in whole or in part, directly or indirectly, from participation in this Promotion and/or acceptance or use of any prize (including any travel/activity related thereto).

OTHER: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered, garbled or misdirected Contest Entries, Contest Entries, photos, application downloads or installations, votes, emails or registrations; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Contest Entries,Contest Entries, or emails, application downloads or installations, the tabulation of votes, the announcement of the Finalists, Winners or prizes, or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Sponsor reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise in violation of these Official Rules. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify this Promotion (or any portion thereof) if the Promotion (or portion thereof) is compromised by virus, technical corruption, non-authorized human intervention, or any other causes which, in the sole discretion of the Sponsor, corrupt or affect the administration, security, fairness, proper play or integrity of the Promotion (or portion thereof). In the event of cancellation or termination of the Contest, Sponsor reserves the right to determine the potential Contest Finalists and/or Contest Grand Prize Winners from among all eligible, non-suspect Contest Entries received prior to date of cancellation or termination using applicable judging criteria detailed herein. In the event of cancellation or termination of the Contest, Sponsor reserves the right to select the potential Contest Grand Prize Winner in a random drawing from among all eligible, non-suspect Contest Entries received prior to date of cancellation or termination. In the event of a dispute regarding online entry, Entry will be deemed made by the authorized account holder of the e-mail account associated with the Entry and he/she must comply with these Official Rules. The authorized account holder is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Except where prohibited by law, entry constitutes permission to use each entrant’s name, hometown, voice, biographical information, likeness, photograph and any statements regarding this Promotion in all media now known or hereafter discovered, for any purpose, including without limitation, in connection with, and to promote, market or advertise, the Promotion, in whole or in part, without review, approval, credit or attribution, notification or payment from or to entrant or any person or entity, worldwide, in perpetuity, or on a winner’s list, if applicable. Promotion is subject to all applicable U. S. federal, state and local laws and regulations.

FINALISTS’/WINNERS’ NAMES: For the names of Cover Kids Photo Contest Finalists and/or Winners, visit www.facebook.com/houstonfamilymagazine on or about December 2, 2015 OR send a separate, self-addressed, stamped envelope to Winners’ List, Attn: HFM Cover Kids Photo Contest, 5131 Braesvalley, Houston, TX 77096.

 

 

 

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