Sonny's Kids Rule Art Contest
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR ABILITY TO WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AND WHO ARE PARENTS OR LEGAL GUARDIANS OF KIDS BETWEEN THE AGES OF 5 AND 12 AT THE TIME OF ENTERING.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES INCLUDING BINDING ARBITRATION AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR YOUTUBE. NEITHER INSTAGRAM NOR YOUTUBE IS AFFILIATED WITH THE SPONSOR IN ANY WAY.
SPONSOR.The Sonny’s Kids Rule Art Contest (“Contest”) is sponsored by Sun Bum LLC, (“Sponsor”), 444 S. Coast Highway 101, Encinitas, California 92024.
ELIGIBILITY: This Contest is open only to the following “Entrants”: legal residents of the fifty (50) United States and D.C. who are at least 18 years of age and the age of majority or older in their state of residence AND who are parents or legal guardians of children between the ages of five (5) and twelve (12) at the time of entry. Eligible Artwork (defined below) to be submitted by Entrant must be created by Entrant’s child between the ages of 5 and 12 (“Kid Artist”). Entrants may also be referred to as “You”/“Your” in these Rules.
Employees, officers, shareholders, and directors of Sponsor, its parent company, subsidiaries, affiliates, advertising and promotion agencies or any other entities involved in the development, administration, judging, execution, or fulfillment of the Contest (collectively “Contest Entities”) and each of their immediate family members (e.g., spouse, parent, child, grandchild, sibling), and persons living in the same household of any of the above, are not eligible to enter or win. This Contest is subject to applicable federal, state and local laws. Void outside of the 50 United States/D.C. and where prohibited.
- HOW AND WHEN TO ENTER: NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
- Kid Artist Creates Artwork featuring Sonny. Using materials including crayons, markers, colored pencils/pens, and/or paints, on an 8 ½” x 11” piece of paper, Kid Artist creates an original artwork (“Artwork”) by hand that includes Sponsor’s mascot, Sonny the Ape (“Sonny”), enjoying an ultimate adventure. See section 3 below for additional Artwork requirements.
- Entrant completes the Entry Form. Visit www.sunbum.com/kids-art-contest (the “Contest Website”) for the official entry form (“Entry Form”) available beginning 10:00 a.m. Pacific Time (“PT”) on May 15, 2023. Follow the instructions to complete the Entry Form including Your full name, requested contact information, and the first name only of Your Kid Artist and Kid Artist’s age. The completed and signed Entry Form and Artwork are together the “Submission.” Make sure to print out the Entry Form to complete and sign it.
- Entrant submits via e-mail AND by regular mail: The entry process has 2 steps.
Via Email. Scan or take a digital photo of the completed Entry Form and attach that along with a separate digital image of the Artwork (i.e., digital photo or scanned image). E-mail both attachments together in one e-mail to: email@example.com no later than 11:59 p.m. PT on June 9, 2023. Include Entrant’s (i.e., Parent/Legal Guardian) full name in the subject line of the email. AND
Via Regular U.S. Mail. Mail the original Artwork and completed and signed Entry Form in an envelope with proper postage affixed and postmarked by June 9, 2023 to: Sun Bum (Attention: Sonny’s Kids Rule Art Contest) at 444 S. Coast HWY 101, Encinitas, CA 92024. Include Entrant’s (i.e., Parent/Legal Guardian) full name on the back side of the Artwork only. Do not include full name of Kid Artist anywhere on the Artwork or Submission.
- Limitations on Submission: You can enter more than one Submission during the Entry Period (for example, if you have more than one eligible Kid Artist in the family, or Your Kid Artist is inspired to create more than one Artwork). But each piece of Artwork must be different, must be accompanied by a separate completed Entry Form, and must be sent separately from Your other Submissions. The number of Submissions You enter will not influence the selection of winners in this Contest.
- ARTWORK REQUIREMENTS AND ENTRANT REPRESENTATIONS AND WARRANTIES: Each Entrant represents and warrants as follows with respect to Submissions.
- Artwork adheres to the following theme: Kid Artists should depict their ultimate adventure day with Sonny. What would Your Kid Artist’s perfect day with Sonny look like? Is Sonny on the beach, sailing a boat, or on top of a mountain? It’s up to the Kid Artist to think big!
- The Artwork is the sole, original work of Kid Artist only and is created by hand using crayons, markers, colored pencils/pens, and/or paints. No tracing, copying, or use of digital art/digital tools. (When choosing the materials a Kid Artist will use to create the Artwork, You may want to consider whether the Artwork may smudge when being scanned or mailed, and plan accordingly).
- The Artwork is “2D” and digitally scannable (nothing affixed to the paper) and on “letter size” paper (8 ½ x 11 inches).
- Include the full name of the Entrant (i.e., Parent/Legal Guardian) on only the back side of the Artwork. For clarity, Artwork should not include any personally identifiable information of Kid Artist or any other person.
- The Artwork cannot have been previously published or submitted in a promotion of any kind or won a prize or award.
- The Artwork must not infringe any copyright, trademark, or other intellectual property rights of any person or entity and must not contain any elements that are not owned/created by Entrant/Kid Artist (e.g., no third-party owned characters or other content appears in the Artwork other than the use of Sonny the Sun Bum mascot as permitted hereunder).
- The Artwork must not invade the publicity or privacy rights of any third party or contain material that violates, infringes, or is in any way subject to the rights of any third party, living or deceased.
- The Artwork must not contain any commercial, political, religious, or other third-party advertising or messaging.
- The Artwork must be in keeping with Sponsor’s image, not be offensive, not disparage Sponsor or any other person or party, and/or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- The Artwork must not include use of any commercial content, logos, brand names or trademarks other than that of Sponsor, which Sponsor has granted Entrant, with respect to the Sponsor’s trademarks, a limited license to use for purposes of this Contest as set forth in Section 7 of these Official Rules.
- The Artwork must not contain content that promotes alcohol, tobacco/cannabis or firearms, or is unlawful, illegal, dangerous, fraudulent, inappropriate, indecent, lewd, violent, pornographic, obscene, hateful, tortious, defamatory, slanderous, libelous, or otherwise objectional as determined in Sponsor’s sole discretion.
- E-mail Submissions must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.
- Artwork that resembles famous existing art, as determined by Sponsor, is ineligible.
- Artwork must be submitted together with a completed and signed Entry Form.
- JUDGING CRITERIA: The eligible Artwork will be judged by qualified judges selected by Sponsor in its sole discretion (“Judges”). The Judges will score the Artwork according to the following weighted criteria (“Criteria”):
- Originality: (25 points) Does the Artwork stand apart from others? Does it demonstrate unique imagination?
- Use of Color: (25 points) Is there a vibrant use of color that contributes to the overall effect?
- Use of Sonny (50 Points) What interesting way has the Kid Artist used Sonny in their design?
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
- Five (5) Prizes will be awarded. The top five (5) Entrants whose respective Kid Artist’s Artwork receives the highest overall Judges’ Scores will be deemed the Contest Winners, subject to verification. Each Contest Winner will receive a prize package that consists of the following: $1000 awarded by check; Sun Bum product and merchandise valued at $200; and a 4-day/3-night trip from August 3, 2023 through August 6, 2023 for two (2) people to include the Contest Winner (parent/legal guardian who made the winning Submission) and the Kid Artist who created the winning Artwork to Encinitas, California (“Trip”) to attend the “Sonny’s Daydream” promotional event (“Event”). Event is hosted by Sun Bum and is scheduled to be held on August 4, 2023 and August 5, 2023 at the Sun Bum Corporate Headquarters. Trip includes the opportunity to attend the Event, round-trip economy class air-transportation to/from the major airport nearest Contest Winner’s home city, hotel accommodations for 3 nights (one standard room, double occupancy) and $600 total spending money for incidentals such as ground transportation and meals. Total ARV of Trip portion of prize package: $3,700; (actual value will vary depending upon point of departure and date of booking). There is no retail value associated with the Event portion of the prize. Any difference between the stated ARV hereunder and the actual value, if any, will not be awarded. If Winner forfeits the Trip portion of prize package, Winner will not receive any cash value or any other prize substitution for the same. The total ARV of each prize package is: $4,900
- Trip and Event Details: Trip must be taken on dates determined by Sponsor or will be forfeited. Sponsor reserves the right to change the designated travel dates. Travel arrangements must be made through Sponsor’s agent and on a carrier of its choice. Prize is non-transferable, however, if the Contest Winner (e.g., the parent/legal guardian who made the winning Submission) does not wish to travel or is unable to travel, they may designate another parent or legal guardian to accompany the Kid Artist on the Trip (“Travel Parent”). Travel Parent must be of legal age of majority in their state of residence and must complete and sign a Release of Liability/publicity release prior to travel. For clarity, Kid Artist who created the winning Artwork must travel with a parent or legal guardian. If a Contest Winner resides within a 250-mile radius of Encinitas, California, they will receive a $250 travel stipend in lieu of air transportation and no additional compensation will be provided. Those without proper documentation required for travel (i.e., valid government issued photo ID) may be denied boarding. The TSA and/or airline carrier may require negative COVID-19 test results or valid vaccination documentation prior to travel; any such requirements may be subject to change. Travelers may be required to execute any assumption of risk and/or other documents related to COVID-19 to be eligible for travel. All expenses not specifically mentioned herein are not included and are solely each Winner’s responsibility, including but not limited to: round trip transportation between the Winner’s residence and any airport of origin, activities and ground transportation not expressly included in the Trip, excess luggage fees, travel protection insurance, meals, merchandise, parking, hotel incidentals such as room service, service charges, and any additional gratuities and taxes which are not expressly included in the Trip. Photo identification and credit card or cash deposit may be required at hotel check-in for incidental charges. Trip components are subject to change without notice. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. The travel may not qualify for frequent flier miles, award points or other perquisites. None of the Released Parties (defined below) are responsible for lost or damaged tickets and none will be replaced. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. The hotel accommodations and airline tickets will be determined at the sole discretion of Sponsor. If a Winner elects to forfeit the Trip portion of the prize, Winner will not receive any cash value/compensation or substitute/alternate prize for same. Any portion of the Trip not accepted by winner will be forfeited. Trip and Trip components may not be sold, traded, auctioned, transferred, or refunded. Other Trip restrictions, conditions and limitations may apply. Airline carrier’s regulations and conditions apply.
- Total ARV of All Prizes: The total ARV of all prizes available in this Contest: $24,500.
- General Prize Restrictions and Limitations: In no event will more than the number of prizes stated in these Official Rules be awarded. Each prize is non-assignable and non-transferable, and no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize. Prizes are awarded to, and in the name of, Entrants. An Entrant may submit multiple pieces of Artwork created by the same Kid Artist (each accompanied by a separate Entry Form), but only one (1) prize will be awarded for Artwork created the same Kid Artist.
- Taxes and Expenses. Each Contest Winner will be responsible for any and all applicable federal, state, and local taxes for any prize won. Contest Winners will be issued an IRS Form 1099 reflecting the value of their prize. All other costs and expenses not expressly set forth herein shall be solely each Contest Winner’s responsibility.
WINNER NOTIFICATION AND VERIFICATION: On or about July 5, 2023 (subject to change due to reasonable time needed for judging), the potential Contest Winners will be notified via e-mail and/or phone as provided on the Entry Form.
All Contest Winners will be required to execute a Copyright assignment of the Artwork, an Affidavit of Eligibility, a Liability Release. and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”) on behalf of the Entrant and applicable Kid Artist within seven (7) business days from the date that the Prize Claim Documents are sent. If the potential Contest Winner fails or refuses to sign and return all Prize Claim Documents within the Sponsor’s designated time period, the potential Contest Winner may be disqualified, at the Sponsor’s sole discretion.
If a potential Contest Winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize or, if Sponsor or its authorized designee is unable to contact the potential Contest Winner, or a prize is returned undeliverable, the prize may be forfeited, and in the Sponsor's sole discretion, the forfeited prize may be awarded to the Entrant who submitted the Artwork that received the next-highest Judges’ Score, as determined by Sponsor in its sole discretion.
Each potential Contest Winner may be required to furnish proof of identification and/or other proof of eligibility under these Official Rules. Sponsor is not responsible for any undelivered e-mails including without limitation messages, Prize Claim Documents, or other e-mails not received because a Contest Winner’s privacy or spam filter settings which may divert any Contest message or e-mail. The prizes will only be awarded to verified Contest Winners. Contest Entities shall not be held responsible for any delays in awarding a prize for any reason. If after a good-faith attempt, Sponsor is unable to award or deliver a prize, such prize may not be awarded. The $1000 check and Sun Bum product portion of the prize package will be mailed to verified Contest Winners within approximately six (6) weeks after verification of eligibility and receipt by Sponsor of the Prize Claim Documents (as applicable) within the time frame set by Sponsor.
Further, no Entrant will be eligible to receive a prize unless Sponsor determines, in its sole discretion, that the potential winning Artwork has been or can be sufficiently cleared for legal purposes (e.g., for the purpose of the Contest and/or Sponsor’s other intended uses), and the eligibility is otherwise verified for each such Entrant and Kid Artist.
SPONSOR’S IP: Sponsor grants each Entrant (and each Entrant’s Kid Artist) a limited, revocable, non-sublicensable license to use Sponsor’s name, logo and Sonny mascot (collectively, “Sponsor’s IP”) in the Artwork for the sole purpose of participating in this Contest. Neither the Entrants nor the Kid Artists are permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Entrants recognize that all rights, title, and interest in Sponsor’s IP shall vest exclusively with Sponsor, and each Entrant (on behalf of Entrant and each Entrant’s respective Kid Artist) agrees that they have not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted in these Official Rules is transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making a Submission in this Contest, and that any use of Sponsor’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor. For clarity, Entrants agree on behalf of themselves and their respective Kid Artists that they will not use their Artwork for any commercial purpose without the express consent of Sponsor, which it may withhold in its sole discretion.
GRANT OF RIGHTS AND USE OF SUBMISSIONS: Non-winning Entrants and their respective Kid Artists retain ownership of intellectual property rights in and to their Artwork (excluding Sponsor’s rights in Sponsor’s IP). Each Entrant represents and warrants that by participating, You, on behalf of Yourself and Your Kid Artist, have the right to grant and hereby grant to Sponsor and its affiliated companies and designees, licensees, successors and assigns a royalty free, irrevocable, transferable, worldwide, license to post, publish, use, copy, reproduce, modify, edit, and distribute the Artwork, including, without limitation, the first name and age of the Kid Artist, in any and all media now known or hereafter developed in perpetuity, without consideration and without review, approval or notice, to the extent permitted by law. If requested, each Entrant will sign any documentation (on behalf of Entrant and the applicable Kid Artist) that may be required for Sponsor or its designees to make use of the rights granted to use the respective Kid Artist’s Artwork.
Without limiting the foregoing, Entrants, on behalf of themselves and their respective Kid Artists, acknowledge and agree that during the Entire Contest Period, the Artwork, (with or without the first name and age of Kid Artist), may be posted at Sponsor’s discretion on Sponsor’s social media channels (collectively “Sponsor Channels”) for viewing by the general public. If Artwork is displayed on Sponsor Channels, Entrants understand and agree that such Artwork may be subject to third party comments that will be publicly viewable, and further, such Artwork may also be saved and shared by such third parties on the Internet or otherwise, and Sponsor and the other Released Parties (defined below) shall have no liability for or duty to police such third party actions. Further, Sponsor, at its sole discretion, may add or remove any Artwork from the Sponsor Channels at any time for whatever reason. The displaying of Artwork on the Sponsor Channels does not constitute verification of eligibility or compliance with these Official Rules and is no indication of Sponsor’s or Judges’ opinion about such Submission. Each Entrant hereby agrees to indemnify and hold the Released Parties (defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements made by Entrants hereunder.
If Sponsor is duly notified that any element of a Submission infringes upon the rights of another person, and/or receives a legally valid request to remove the affected Artwork from Sponsor Channels, such Submission may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Each Entrant (on behalf of the Entrant the Entrant’s Kid Artist) will not take any action that interferes with the rights granted to Sponsor under these Official Rules.
- COPYRIGHT ASSIGNMENT BY CONTEST WINNERS: By accepting a prize, Contest Winners, on behalf of themselves and their respective Kid Artists, agree that: (a) the Artwork will be irrevocably assigned and transferred to Sponsor and all rights, titles, and interests in the Artwork by each respective Entrant and Kid Artist will vest in Sponsor, including, but not limited to, all copyright and trademark rights to the Artwork in the United States and worldwide, therein, and (b) each such assignment and transfer is made for consideration, the receipt and sufficiency of which is hereby acknowledged. Contest Winners, on behalf of themselves and each of their respective Kid Artists, waive all moral rights or any similar rights or principles of law that they may now or later have to the Artwork. Sponsor reserves the right to alter or modify the winning Artwork or make derivative works of the Artwork, in its sole discretion including but not limited to use in mailers, digital/social/print advertising, out-of-home paid advertising (e.g., billboards) and/or or on merchandise for commercial sale (e.g., T-shirts and tote bags). Upon request of and as deemed reasonably necessary by Sponsor (in Sponsor’s sole discretion), Contest Winners, on behalf of themselves and their respective Kid Artists, shall execute and deliver such additional instruments of assignment to establish the ownership of record of the right, title, and interest in and to the applicable Artwork, the copyrights transferred, and the waiver of all “Moral Rights of Authors.”
RELEASE AND LIMITATION OF LIABILITY: By participating in this Contest, Entrants agree on behalf of themselves and their respective Kid Artists to release, discharge, indemnify and hold harmless Sponsor, Contest Entities, Instagram, YouTube, and each of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, digital and e-commerce providers, prize providers, webmasters, and all of the above’s respective officers, directors, employees, representatives, designees and agents (collectively “Released Parties”) from and against any and all claims, actions, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (including bodily injury and death or property damage) of any kind whatsoever arising out of or related to, in whole or in part, directly or indirectly to: (i) the participation in the Contest, use of the Contest Website, or any other Contest-related activity by each Entrant and such Entrant’s Kid Artist; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons); (iii) Sponsor’s right to exploit any rights granted to it hereunder; (iv) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and; (v) any typographical, human, or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize.
Entrants, on behalf of themselves and their respective Kid Artists, further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the releases herein are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Entrant acknowledges that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
EVERYTHING REGARDING THIS CONTEST, INCLUDING, BUT NOT LIMITED TO, THE CONTEST WEBSITE, AND THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BY ENTERING THE CONTEST, ENTRANTS AGREE ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE KID ARTISTS THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND (B) IN NO EVENT WILL RELEASED PARTIES BE LIABLE FOR DAMAGES, JUDGMENTS, OR LOSSES OF ANY KIND. ENTRANTS ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE KID ARTISTS HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DIRECT, INDIRECT, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, (INCLUDING ATTORNEY’S FEES), OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00). ENTRANTS ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE KID ARTISTS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS MAY NOT ALLOW THE ABOVE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL ENTRANTS. ENTRANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING SUCH LIMITATIONS OR EXCLUSIONS.
GOVERNING LAW, DISPUTES and ARBITRATION: All issues and questions concerning the Contest and these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflict of law doctrine. Except where prohibited by law, by participating, Entrants, on behalf of themselves and their respective Kid Artists, agree to settle all disputes only through arbitration (if not first resolved through direct discussion or mediation); provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Diego County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award will be final and binding, with limited exceptions, and judgment may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect before one arbitrator to be mutually agreed. If an in-person hearing is required, then it will take place in San Diego County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. The parties agree to share equally in the arbitration costs incurred. If for any reason a claim proceeds in court rather than in arbitration, the relevant claim shall be resolved before a court having jurisdiction residing in San Diego County, California, and EACH OF THE PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
SPONSOR’S RIGHT TO MODIFY OR CANCEL CONTEST: If for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion and without prior notice, to cancel, terminate, modify (including but not limited to modifying/extending date(s) or deadlines) or suspend the Contest and/or proceed with the Contest, in whole or in part, including the selection of Contest Winners in a manner it deems fair and reasonable including the selection of Contest Winners from among eligible Submissions received prior to such cancellation, termination, modification or suspension. Without limiting the foregoing, such reasons may include, but are not limited to, natural calamities or emergencies, or where fraud, misconduct, or technical failures destroy the integrity of the Contest. In the event of termination, a notice will be posted on the Contest Website. Sponsor does not warrant that access to the Contest Website will be uninterrupted.
PUBLICITY RIGHTS: By participating in this Contest, and/or accepting a prize, each Entrant agrees to allow the Sponsor and/or Sponsor’s designees the right to use the Entrant’s Artwork, the first name and age of the Kid Artist, and the Entrant’s full name, city and state of residence, biographical information, likeness, picture, social handles, voice, statements regarding the Contest and/or Sponsor, and any other information and content provided by Entrant in connection with the Contest in perpetuity for promotion, trade, commercial, advertising and publicity purposes in all media now known or hereafter discovered, including, but not limited to, on television and the Internet, worldwide, without notice, review or approval and without additional compensation, except where prohibited by law.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Artwork, or to otherwise exploit any Artwork or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Artwork for any reason, with or without legal justification or excuse, and neither Entrants nor Kid Artists shall be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor requests to secure additional assignments and/or certifications for the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to execute the same upon Sponsor's request.
- GENERAL: Any attempted form of participation in this Contest other than as described herein is void at Sponsor’s discretion. If it is discovered or suspected that an Entrant has registered, entered, or attempted to register or enter the Contest using multiple e-mail addresses, identities, or like methods, all such Submissions may be declared null and void, in Sponsor’s sole discretion. In the event of a dispute as to the identity of an Entrant in connection with the e-mail element of entry, the Submission will be declared made by the authorized account holder of the e-mail account used to submit the Submission. The “authorized account holder" is defined as the person assigned to an e-mail address by an Internet Service Provider. If the identity of the individual who actually entered the Contest cannot be resolved to Sponsor’s satisfaction, the affected Submission will be deemed ineligible. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Automated Submissions are prohibited and use of any automated or computer system to participate is prohibited and will result in disqualification if detected. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. Released Parties are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction, unavailability of Contest Website or other connections, or for any errors of any kind whether human, technical, typographical, computer, or mechanical or otherwise which may occur in connection with the administration of the Contest, the processing of Submissions or judging of Artwork; (b) late, lost, illegible, incomplete, damaged, stolen, forged, undelivered, postage due, or misdirected Submissions, e-mail or postal mail; (c) injury or damage to any person's system or equipment related to or resulting from participating in this Contest or downloading and/or printing materials from or use of the Contest Website; and (d) any condition caused by events that may cause the Contest to be disrupted or corrupted including but not limited to those caused by unauthorized human intervention. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including but not limited to social media, and other promotional materials), the Official Rules shall prevail. Instagram and YouTube are not affiliated with this Contest or Sponsor in any way and are not responsible for the administration of the Contest or the awarding of the prizes. No endorsement or approval of Contest by Instagram nor YouTube is expressed or implied, and there is no means of entry to this Contest via Instagram, YouTube, or any other means other than as expressly described herein.
WINNERS’ LIST: To obtain a list of the Contest Winners available after all verification is complete and prizes are awarded visit the Contest Website at https://www.sunbum.com/blogs/sun-bum/kids-art-contest. Contest Winner announcements, including, but not limited to, the Winners’ List will include the full name of the Entrant who made the Submission and the first name and age of the Kid Artist who created the winning Artwork.
SPONSOR: Sun Bum LLC, 444 S. Coast HWY 101, Encinitas, CA 92024.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or YouTube.
NOTE ON DIGITAL FILES: Acceptable file formats are GIF, JPEG, JPG, PNG, and HEIC. Image files should not exceed 10MB.
Email Submissions begin at 10:00 a.m. PT on May 15, 2023 and end at 11:59 pm PT on June 9, 2023 (the “Entry Period”). Postal mail Submissions must be postmarked by June 9, 2023 and received by June 16, 2023. Entry to the Contest is complete when Sponsor has received both the e-mail and mail-in elements of Your Submission. Sponsor’s computer clock is the official time-keeping device of this Contest. The entire duration of the Contest runs from May 15, 2023 until Artwork has been judged and scored, potential Contest Winners (defined below) have been notified and verified, and prizes have been awarded (“Entire Contest Period”). Submissions may not be acknowledged or otherwise verified. Proof of e-mailing/mailing is not proof of entry to the Contest. Sponsor is not responsible for late, lost, damaged or incomplete Submissions. Normal Internet access and usage charges imposed by Your internet service provider may apply. A person may only use one (1) e-mail address to enter the Contest. Submissions become the sole property of Sponsor and will not be returned.
NOTE: SUBMISSIONS MAY ONLY BE MADE BY ENTRANTS WHO ARE THE PARENTS OR LEGAL GUARDIANS OF THEIR RESPECTIVE KID ARTISTS. IF SPONSOR BECOMES AWARE OR SUSPECTS THAT A SUBMISSION WAS MADE BY A MINOR, SUCH SUBMISSIONS MAY BE VOIDED BY SPONSOR.
By participating, You, on behalf of Yourself and Your Kid Artist: (i) accept and agree to these Official Rules and Sponsor’s decisions, which shall be final in all matters related to the Contest and waive any right to claim ambiguity in the Contest or these Official Rules; (ii) represent that Your Submission complies with these Official Rules, including the Artwork Requirements and Representations and Warranties set forth in this Section 3; and (ii) agree that Sponsor may disqualify any Submission if Sponsor believes, in its sole discretion, that a Submission fails to comply with these Official Rules in any way or otherwise contains unacceptable content.
All of these factors together determine the Submission’s overall “Judges’ Score.” The top five (5) Entrants whose respective Kid Artist’s Artwork receives the highest Judges’ Scores will each be deemed a “Contest Winner”, as further explained below.
In the event of a tie, tied Artwork will be re-judged (by a Judge who did not judge in the original round) using the Criteria above to determine the Contest Winner until the tie is broken. If a Contest Winner is found to be ineligible or does not comply with these Official Rules, they will be disqualified, and the prize may be awarded to the Submission with the next-highest Judges’ Score. Judges and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the Contest Winners. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest. Sponsor reserves the right to choose fewer than the stated number of potential Contest Winners if it does not receive a sufficient number of eligible Submissions, as determined in its sole discretion.