OFFICIAL RULES FOR THE CRAYOLA "COLOR WONDER® MESSY KIDS" CONTEST
1. The Crayola "Color Wonder® Messy Kids" Contest (the "Contest") begins 12:00 AM Eastern Time ("ET") October 17, 2016 and ends 11:59 PM ET December 11, 2016 (the "Contest Period"). The Contest Period will be divided into six (6) weekly entry periods (each an "Entry Period", as outlined in the chart below).
12:00 AM ET
11:59 PM ET
2. Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age older and who have reached the age of majority in their state of residence at the time of entry. Void where prohibited by law.
3. To enter the Contest during any Entry Period follow the @Crayola Instagram account and view the Contest post. Then use your Instagram account to post a photograph of your child's messy moment that could have used a Color Wonder® intervention to your Instagram page, including the hashtag #MessyKidsContest and tagging @Crayola in the comment of the post to receive one (1) entry (an "Entry"). Entries must be in English and must be publicly posted and not submitted through direct messages. Sponsor will not receive Entries from users with "protected" or "private" accounts or posts. Private or protected messages not received by Sponsor will not be valid. Entrants are prohibited from setting up multiple Instagram accounts for the purpose of obtaining multiple Entries in the Contest. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. You must include the #MessyKidsContest hashtag and tag @Crayola in your post, and follow the @Crayola Instagram account in order for your Entry to be eligible. Data charges may apply if you are accessing Instagram from your mobile phone to enter this Contest. Note: If you deactivate your Instagram account at any time prior to the end of the Contest Period, your Entry/ies will be void. The person who submits the Entry will be considered the entrant ("Entrant"). Submissions with erroneous or incomplete information will void the submitted Entry. Limit one (1) Entry per Entrant for each Entry Period. Entries received from any person in excess of the stated limitation will be void. Entries will not be acknowledged or returned. By submitting an Entry, the Entrant consents to being contacted via direct message ("DM") on Instagram if selected as a potential winner. Use of any automated system to participate is prohibited and will result in disqualification. Should multiple users of the same Instagram account enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the authorized account subscriber or authorized account holder of said Instagram account at the time of entry will be considered the Entrant and required to comply with these Official Rules and all requirements set forth herein. In the event of a dispute as to any Entrant's identity, the authorized account holder of the Instagram account will be deemed to be the Entrant and he/she must comply with these Official Rules. The "authorized account holder" is the natural person assigned an account by Instagram. The potential winner may be required to show proof of being the authorized account holder. The Sponsor assumes no responsibility for lost, late, or incomplete Entries.
Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:
- be vulgar, offensive, sexually explicit, profane or pornographic;
- be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;
- be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;
- be previously published;
- promote any political agenda or message;
- appear to duplicate any other submitted Entry
- contains copyrighted materials owned by others (including music, lyrics, or images published on or in websites, television, movies or other media) without permission; or contains trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without permission;
- contain third-party trademarks, logos, insignia, including brand names of any products;
- contain any personal identification, such as persons' names, e-mail addresses, street addresses or license plate numbers;
- communicate messages or images inconsistent with the positive image of the Sponsor's name and/or any of its brands;
- contain any material that violates or infringes anothers rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
- contain any person or minor other than the Entrant's child or legal ward;
- violate any law; or
- include or refer to any third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized such inclusion or reference.
Entrant's photograph must meet all of the requirements of the Instagram platform (see https://help.instagram.com/1631821640426723
for Instagram requirements).
The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.
4. By entering, you represent and warrant that (a) you are the sole owner of your Entry and have all rights in your Entry; (b) you have the right to submit the Entry and to provide the Sponsor with license to use the Entry (as detailed below); (c) your Entry consists of only your original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry meets the above criteria in this Section; (f) your Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; and (g) your Entry is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any law. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever.
By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.
By entering, Entrants understand and agree that their Entry may be posted on http://www.crayola.com for viewing and voting by visitors during the Voting Period (as defined below). Released Parties (as defined below) are not liable for the use of any Entry by any third party. Entrant acknowledges and agrees that Released Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.
5. Judging: All eligible Entries received from each Entry Period will be judged by a panel of qualified judges selected by Sponsor. There will be two (2) tiers of judging:
First Tier: All eligible Entries received during each Entry Period will be judged based on the following criteria:
- Captures the Messy Kids Moments theme (40%)
- Photo creativity and originality (40%)
- Image quality (20%)
The one (1) highest scoring Entry from each Entry Period, as determined by Sponsor in its sole discretion, will be declared a Finalist, subject to verification of eligibility and compliance with these Official Rules, and will proceed to the Second Tier. In the event of a tie, an additional, "tie-breaking" judge will determine the Entry/Entries which will proceed to the Second Tier based on the above stated criteria. Non-winning eligible Entries from one Entry Period will not roll-over into subsequent Entry Periods.
Potential Finalists will be notified by DM via Instagram and will be required to respond within three (3) business days of date of its issuance. In the event that a response to any given DM is not received within three (3) business days of date of its issuance or a potential Finalist is not in compliance with these Official Rules, the opportunity to proceed to the Second Tier may be forfeited. Potential Finalists will be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within five (5) days of date of issuance of those documents or the opportunity to proceed to the Second Tier of judging may be forfeited. If any potential Finalist does not comply with these Official Rules or Finalist notification is undeliverable, the opportunity to proceed to the Second Tier of judging may be forfeited, and time permitting, Sponsor may select an alternate Finalist based on the above criteria.
Second Tier: The six (6) Finalist Entries (one (1) from each Entry Period) will then be judged by a separate panel of qualified judges selected by Sponsor on the following criteria:
- Captures the Messy Kids Moments theme (40%)
- Photo creativity and originality (40%)
- Image quality (10%)
- Online Voting (10%) (as described below)
Online Voting: The six (6) Finalist Entries (one (1) from each Entry Period) will be displayed for voting by consumers at https://www.crayola.com/ColorWonderContest between 12:00 AM ET December 5, 2016 and 11:59 PM ET December 11, 2016 (the "Voting Period") and the eligible votes received for each Entry will be tallied. A calculation of the total number of votes received (as determined by Sponsor) for each Entry will account for 10% of the score as described above. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means or practices, including, without limitation, offering prizes or other inducements to other individuals and/or using any websites designed to induce individuals or provide other incentives to vote for their Entry, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system or practice to view the Entries or with the intent to impair or subvert the integrity of the viewing process is prohibited and all such votes will be void.
Based on the judging criteria set forth above, the one (1) Finalist Entry with the highest score will be deemed the Grand Prize winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, "tie-breaking" judge will determine Grand Prize winner based on the Second Tier criteria. Decisions of judges are final and binding. Sponsor reserves the right to not award all prizes if, in its sole discretion, it determines it has not received a sufficient number of qualified eligible Entries.
Potential Grand Prize winner will be notified by e-mail, phone or DM via Instagram and will be required to respond within three (3) business days of date of its issuance. The Sponsor will attempt to notify potential Grand Prize winner by December 14, 2016. In the event that a response to any contact method (e-mail, phone call/message, or DM) is not received within three (3) business days of date of its issuance or potential winner is not in compliance with these Official Rules, the prize may be forfeited and awarded to the next runner up. Potential Grand Prize winner will be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within five (5) days of date of issuance of those documents or the prize may be forfeited. If potential Grand Prize winner does not comply with these Official Rules or winner notification is undeliverable, the prize may be forfeited, and awarded to the next runner up based on the Second Tier criteria.
6. Grand Prize (1): A $1,000.00 (awarded in form of a $1,000.00 check) (Estimated Retail Value ("ERV") $1,000.00). Finalist Prize packages (6): An assortment of Crayola products consisting of: one (1) Crayola Color Wonder® Power Rangers Coloring Pad (ERV: $4.99), one (1) Crayola Color Wonder® Doc McStuffins Coloring Pad (ERV: $4.99), five (5) Crayola Color Wonder® Refill Paper Packages (ERV: $5.99 each), one (1) Crayola Color Wonder® Finding Dory Coloring Pages and Markers (ERV: $7.99), three (3) 10 ct. Crayola Pastel Mini Markers (ERV: $7.99 each), one (1) Crayola Color Wonder® Mickey Mouse Coloring Pages and Markers (ERV: $7.99), three (3) Crayola Color Wonder® Mini Markers (ERV: 7.99 each), one (1) Crayola Color Wonder® Thomas & FriendsTM Coloring Book (ERV: $7.99), one (1) Crayola Color Wonder® Coloring Desk with Stampers (ERV: $19.99), one (1) Crayola Color Wonder® Stow And Go StudioTM (ERV: $14.99), one (1) Crayola Color Wonder® Fingerpaint (ERV: $11.99), one (1) Crayola Color Wonder® Princess Glitter Coloring Pages and Markers (ERV: $9.99), one (1) Crayola Color Wonder® BarbieTM Poster Pages (ERV: $9.49), one (1) Crayola Color Wonder® Mickey Mouse Clubhouse Stickers (ERV: $5.99), one (1) Crayola Color Wonder® Mini Hello Kitty® Coloring Pad and Markers (ERV: $11.99), one (1) Crayola Color Wonder® Teenage Mutant Ninja Turtles Metallic Pages and Markers (ERV: $9.99), one (1) Crayola Color Wonder® Frozen Activity Set (ERV: $21.99), and one (1) Crayola Color Wonder® Light Up Stamper (ERV: $24.99). ERV of each Finalist Prize package is $253.24. Total ERV of all prizes is $2,519.44. The Grand Prize winner will receive both the Grand Prize and a Finalist Prize package. Winners will be responsible for all taxes (including federal, state, and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded. All prize details are at the sole discretion of the Sponsor. Limit one (1) Finalist Prize package per person, per e-mail address and per household for the duration of the Contest Period.
7. Employees of Crayola L.L.C., Trymark Consulting Group, L.L.C. ("Promoter"), and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors and suppliers, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of any of the foregoing individuals, whether or not related, are ineligible to enter or win. Void where prohibited by law. Subject to all applicable federal, state and local laws and regulations.
8. By participating, Entrants agree as follows: a) to abide by these Official Rules, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of your name, likeness and biographical data by Sponsor and its designees if selected as a winner for advertising, promotional and other purposes in any and all media now or hereafter known throughout the world in perpetuity without compensation, right of review or notification (except where prohibited by law); and c) THAT SPONSOR, CRAYOLA L.L.C., INSTAGRAM, FACEBOOK, TRYMARK CONSULTING GROUP, L.L.C., AND ALL OF THEIR RESPECTIVE PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO YOU OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS CONTEST, SPONSOR’S OR ITS DESIGNEES’ USE OF ANY ENTRY OR THE USE OR MISUSE OF ANY PRIZE. PRIZES ARE AWARDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED BY SPONSOR. Released Parties are not responsible for lost, delayed, interrupted or unavailable, network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging or voting of Entries, the tabulation of votes, the announcement of the prizes or for any damage to your or other person’s computer hardware or software as a result of participation. Released Parties are not responsible for Entries that are lost, late, stolen, inaccurate, incomplete, delayed, misdirected, undelivered, garbled or delayed by computer transmissions. Persons found tampering with or abusing any aspect of this Contest or who are in violation of these Official Rules, as solely determined by the Sponsor and/or the judges, will be disqualified and all associated Entries will be void. Every Entry must be manually keystroked and manually entered by you and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or other means or practices which subvert the entry process is prohibited and all such Entries will be void. If the Contest is compromised by virus, bugs, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Contest or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Contest and at its sole discretion award the prizes from among all eligible, non-suspect Entries received prior to the act requiring such suspension or termination using the applicable judging procedure outlined above. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by an Entrant to damage the website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek any and all remedies available to the fullest extent permitted by law. Contest is governed by the laws of the State of Pennsylvania without regard to its conflict of laws principals, with venue in Northampton County, Pennsylvania.
9. EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS CONTEST, YOU AGREE THAT A) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY; B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT ("FAA", Title 9 of the United States Code) UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION; C) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGEMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS CONTEST, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: CRAYOLA "COLOR WONDER® MESSY KIDS" CONTEST – ARBITRATION REJECTION, P.O. BOX 295, GAINESVILLE, VA 20156. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE OFFICIAL RULES. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
IN THE EVENT THAT YOU OPT-OUT OF THIS MANDATORY ARBITRATION PROVISION, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY A FEDERAL OR STATE COURT LOCATED IN NORTHHAMPTON COUNTY, PENNSYLVANIA.
11. The names of the winners (available after December 15, 2016) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: Crayola "Color Wonder® Messy Kids" Contest - Winners/Rules (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than February 15, 2017. VT residents omit return postage on rules requests.
12. Sponsor: Crayola LLC, 1100 Church Lane, Easton, PA 18044-0431.
Promoter: Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA 20156.
Instagram is not a sponsor or promoter of this Contest.
Power Rangers, Doc McStuffins, Finding Dory, Mickey Mouse, Thomas & Friends, Princess, Barbie, Mickey Mouse Clubhouse, Hello Kitty, Teenage Mutant Ninja Turtles and Frozen are trademarks and registered trademarks of their respective owners.