SMART SHORTIES SWEEPSTAKES
OFFICIAL RULES
PURCHASE NECESSARY TO ENTER OR WIN
1. SPONSOR: Spark The Mind LLC, 135 Chesterfield Lane, Suite 201, Maumee, OH 43537, is solely responsible for all aspects of this sweepstakes (“Sweepstakes”).
2. ENTRY: During the period beginning at 8:30 A.M., November 9, and ending at 5:00 P.M., December 31, 2009 (“Entry Period”), you may enter this Sweepstakes in one of two (2) ways. For purposes of these Official Rules (“Rules”), all times and days are Eastern Standard Time.
(a) Phone Entry: You may enter by calling the Spark The Mind Fulfillment Center at 419 724-4953 (the “Sweeps Number”) Monday through Friday from 8:30 A.M. to 5 P.M., and purchase a DVD of “Smart Shorties – The Movie” (the “Movie”), including your credit card information, full name, email address (“Address”), billing address and shipping address (collectively, “Personal Information”) and have an agent process your order (collectively, “Phone Entry”). It is your sole responsibility to notify the Sponsor in writing if you change your Address.
(b) Mail Entry: To obtain a Sweepstakes Mail Entry Form, send your request to info@smartshorties.com. One will be emailed to you to fill out and mail it to: Spark The Mind, 135 Chesterfield Lane, Suite 201, Maumee, OH 43537 (“Mail Entry”).
“Entry” shall mean and refer to each Phone and Mail Entry. Each Entry will constitute acceptance of the Rules contained herein. One Entry per DVD purchased (i.e. if you purchase 10 DVD’s your name will be entered 10 times). You may enter as many times as you like.
3. LIMITATIONS: All Phone Entries must be received by 5:00 P.M., December 31, 2009; and all Mail Entries must be postmarked by December 31, 2009 and received
by January 8, 2010. In event of a dispute regarding the identity of the person submitting a Phone Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 2 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Must be 18 years of age or older upon entry, and reside within the 50 United States or Washington, D.C. (collectively, “Territory”). Employees of the Sponsor, the advertising, promotional and fulfillment agencies (individually and collectively, “Entities”) current Smart Shorties and their respective parents, the members of their households and members of their immediate families, are all ineligible to participate in the Sweepstakes. Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, mechanically reproduced, misdirected, delayed, multiple, mutilated, non-delivered, postage-due, stolen, tampered with, unauthorized, unintelligible and/or not in compliance with these Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to
electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified at Sponsor’s sole discretion. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
5. PRIZES:
FIRST PRIZE: The winner will receive an acting role in the next Smart Shorties Film. The size of the role, number of speaking lines, screen time, location, dates and times of the filming will all be determined solely by the Sponsor and the director of the film. The winner will also receive: [1] hotel accommodations for one night (one standard room including room tax); [2] if winner resides more than two hundred fifty (250) miles from the location of the film set, round-trip coach air transportation between a major metropolitan airport nearest winner’s residence (“airport of origin”) and the nearest airport to the location of the film set, all courtesy of the Sponsor, [3] round trip ground transportation between the arrival airport and hotel [4] round trip ground transportation to and from the movie set. All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility, including but not limited to: round trip transportation if a winner resides two hundred fifty (250) miles or less from the location of the film set, round trip transportation between the winner’s residence and any airport of origin, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Airline carrier and film set regulations and conditions apply. Travel and lodging are subject to availability, certain restrictions and Sponsor’s approval. Approximate retail value (“ARV”): $1,000, which will vary depending upon point of departure, fluctuations of hotel rates and airfares. If the actual value of the prize is less than the stated ARV, the difference will not be awarded.
SECOND PRIZE: One (1) child of the winner will receive a recording part on one (1) song on the next Smart Shorties album. If the winner is a teacher who is teaching grades 4 through 12 as of the end of the Entry Period in a registered public school, home school or accredited private school located within the Territory, they can designate a total of seven (7) students to participate as a group in the recording of one (1) song on the next Smart Shorties album. The size and content of the part will be determined solely by the Sponsor. All times, location, dates, recording schedule and all other details of the recording will be determined solely by the Sponsor.
THIRD PRIZE: The winner will receive one (1) Smart Shorties Hip Hop Multiplication Program. Prizes are not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. The prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. The prizes will be awarded provided it is validly claimed by January 11, 2010, after which no alternate winner will be selected, nor unclaimed prize awarded.
6. PROCEDURES: The Sweepstakes will be conducted during the Entry Period. On or about December 31, 2009, in a random drawing, the potential winners will be selected from all eligible Entries received. Odds of winning depend on the total number of eligible Entries received.
7. WINNER: Potential winners will be notified by email on or about February 1, 2010. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner’s failure to respond to notification within seven (7) business days after its transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [4] potential winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within seven (7) business days after it is mailed; [5] potential winner’s failure to validly claim the prize by January 11, 2010; [6] potential winner’s failure to be available to make the Trip and [7] any other non-compliance with Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. A minor may not participate in the Trip unless accompanied by his/her parent/legal guardian. All winners will be required to execute and return a Release of Liability prior to ticketing and as a prerequisite to partake in the Trip. Winners are solely responsible for obtaining any and all necessary travel documents (valid photo I.D., credit card, etc.) before departure. All taxes are solely the responsibility of the winner, who will receive an IRS Form 1099 reflecting the value of the prize.
8. PRIVACY POLICY/DATA COLLECTION Entries, including all photographs and personal information provided by you for this Sweepstakes is subject to Sponsor’s privacy policy located at http://www.smartshorties.com/privacy-site.
9. CONDITIONS: By entering this Sweepstakes and/or accepting any prize you may win, you agree, represent and warrant that: [1] you will be bound by the Rules and the Sponsor’s decisions, which shall be final in all respects; [2] the Entry becomes solely the Sponsor’s property and will not be acknowledged or returned; [3] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize (including any travel related thereto); participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; [4] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or the prize; [5] winner’s acceptance of the prize constitutes a grant and assignment to Sponsor of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information, statements about the promotion and/or live and taped performances of interviews for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select a winner by such method as Sponsor in its sole discretion shall consider equitable; and in the event the Trip has already commenced, to terminate the Trip and return the Group to any airport of origin as soon as reasonably possible; [7] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in the advertising, Rules and selection and announcement of the winner; [8] any portion of the prize not accepted or used by the winner will be forfeited; [9] the Releasees are not responsible for any inability of the winner to accept or use the prize (or any portion thereof) for any reason; and [10] Sponsor has the right to modify prize-award procedures at its sole discretion.
10. RULES & WINNERS LIST: For the names of the winners (after February 1 and before May 31, 2010) and/or Rules (before December 31, 2009), send a self- addressed, stamped #10 envelope to: Spark The Mind LLC, 135 Chesterfield Lane, Suite 201, Maumee, OH 43537. The winners’ names will also be posted on the Sponsor’s Website on or around February 1, 2010.
