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Starlight Children’s Foundation My Starlight Gown Contest Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  FAILURE TO COMPLY WITH THESE RULES WILL VOID AN ENTRY.  THE CONTEST IS VOID OUTSIDE OF THE U.S. AND WHERE PROHIBITED.

1. Eligibility. The Starlight Children’s Foundation My Starlight Gown Contest (“Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia.  Entrants under the age of eighteen (18) must get an adult to enter the Contest on their behalf. Sponsor has the right to verify the eligibility of each entrant. The Contest is subject to all federal, state, and local laws and regulations and is void outside of the U.S. and where prohibited by law.

2. Sponsor. Starlight Children’s Foundation – 400 Corporate Pointe, Suite 590, Culver City, CA 90230.

3. Agreement to Official Rules. By entering the Contest, you fully and unconditionally agree to these Official Rules and the decisions of the Sponsor and judges, which are final and binding.

4. Entry Period. The Contest officially begins on April 1st, 2020 at 12:01AM Pacific Standard Time (“PST”) and ends on April 30, 2020 at 11:59PM PDT (the “Entry Period”).  Entries received prior to or after the Entry Period will be disqualified.

5. How to Enter. To enter, during the Entry Period, visit https://starlight.org/DAG2020 to download your template and (a) enter online, following the instructions provided onscreen, or (b) mail in your design and story to 400 Corporate Pointe, Suite 590, Culver City, CA 90230. Mailed entries must be postmarked by April 27, 2020 and received by April 30, 2020. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.  Entries will not be acknowledged or returned. Information you submit in connection with your entry will be governed by the privacy policy available at https://www.starlight.org/privacy/.

6. Additional Requirements for Entries. Entries must be your own original work and must not:  (a) contain any content that is not your own or for which you have not obtained appropriate and necessary rights (including, for example, content that contains another person’s or entity’s trademark or content that was created by or is otherwise copyrighted by another person or entity); (b) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, violent, or otherwise unlawful, tortious, or objectionable; (c) depict, encourage, promote, or induce conduct that could violate any law or give rise to criminal or civil liability or that could be considered risky or otherwise inappropriate; (d) contain any personal information about any individual other than you; (e) depict any individual other than you; (f) contain any confidential information; or (g) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software, or network.  Entries must not have been entered into any other contest or promotion or otherwise published. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any entry or to disqualify and/or remove any entry for any reason.

7. Submissions and Unsolicited Ideas Policies. Sponsor is unable to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us —  whether or not solicited by us —  you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

8. Selection of Finalists, Public Voting, and Selection of Potential Winner.  On or about April 30, 2020, a panel of judges selected by Sponsor will select two (2) finalists from among all eligible entries based on the following equally weighted criteria:  (a) effort, (b) originality, (c) creativity, (d) appropriateness of gown design. The finalists’ designs will be posted at https://starlight.org/DAG2020  and subject to public voting. Public voting begins at 12:01 AMPDT on May 11, 2020 and ends at 11:59 PM PDT on May 22, 2020. Members of the public are invited to sign up and vote for the finalist that best meets the criteria described above. Limit: one (1) vote per person or email address per week. Sponsor reserves the right to disqualify any vote for any reason, including but not limited to fraud or suspected fraud. The winning design will be the finalist who receives the most votes during the public voting period.

9. Requirements of Potential Winner. Except where prohibited, a potential winner must complete, sign and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within three (3) days of being notified. If a potential winner is a minor, then his or her parent or legal guardian must sign the Affidavit/Release on the minor’s behalf. If a potential winner cannot be contacted within two (2) days of the first attempt to contact him or her, fails to sign and return the Affidavit/Release within the required time period, if notification is returned as undeliverable, or if Sponsor determines in its sole discretion that a potential winner is ineligible, then the next-highest scoring entry will be selected as a potential winner.

10. Sponsor’s Rights to Entries. By entering the Contest, you grant to Sponsor a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable (through multiple tiers) and transferable license, without additional consideration to you or third parties, to:  (a) reproduce, distribute, perform, and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import, and otherwise use and exploit (and have others exercise such rights on behalf of the Sponsor, through multiple tiers) your entry in any format or media now known or hereafter developed; (b) create derivative works from and incorporate your entry into other works or into Sponsor’s or its designees’ products or services; (c) use your entry for Sponsor’s advertising and promotional purposes; and (d) use your name, entry, portrait, picture, voice, likeness, statements, and biographical information for Sponsor’s advertising and promotional purposes, whether or not in connection with your entry, in each case for the purpose of administering and promoting the Contest, any future promotions and/or Sponsor, except to the extent prohibited by applicable law. Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to your entry have been validly obtained, and you agree to fully cooperate with Sponsor in any such verification inquiries.

11. Release and Limitation of Liability. By participating in the Contest, you agree to release, indemnify, and hold harmless Sponsor, Niagara Bottling each such organization’s or company’s their respective parent and related companies and organizations, and each such organization’s or company’s respective officers, directors, employees, shareholders, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Contest, creation of your entry, or Sponsor’s use of your entry, including, but not limited to:  (a) claims that your entry violates any intellectual property, publicity, or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, your entry; (c) claims arising from any breach or alleged breach by you of these Official Rules; (d) claims arising from unauthorized human intervention in the Contest; (e) claims arising from technical or printing errors; (f) claims arising from lost, late, postage-due, misdirected, or undeliverable mail or email; (g) claims arising from errors in the administration of the Contest or the processing of entries; (h) claims arising from injury, death, or damage to persons or property; or (i) claims based on defamation, infringement of intellectual property rights, or on the rights of publicity or privacy. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Contest, and in no event shall the Released Parties be liable for attorneys’ fees. YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

12. Disputes. To the extent permitted by applicable law, by entering the Contest, you agree that any and all disputes, claims, and causes of action arising out of the Contest shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Los Angeles, California. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of law rules.

13. General Conditions. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, Sponsor may, in its sole discretion, suspend, modify, and/or cancel the Contest and, if feasible, select a potential winner from among eligible, salvageable, and non-suspect entries received on or before the termination date. Inclusion in such selection process shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event of a dispute as to any entry, the authorized holder of the email or other account used to enter will be deemed to be the entrant. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder. In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the Contest. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

14. Results. For the results, go to hhttps://starlight.org/DAG2020  beginning on or around May 13, 2020.