Get Active with Major League Soccer
Healthy Habits Challenge 2016
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. Eligibility: The Get Active with MLS Healthy Habits Challenge (hereinafter “Competition”) is open only to individuals who are legal residents of the 50 United States, District of Columbia and of the Canadian Provinces of Ontario and British Columbia who are at least 7 years old and not older than 14 at the time of entry. The Competition is also open to individuals who are legal residents of the Province of Quebec, Canada, who are at least 13 years old and not older than 14 years old at the time of entry. Employees, officers, directors and advisors of the By Kids For Kids Company (“BKFK” or “Administrator”) and Major League Soccer L.L.C. (“Sponsor”) and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, Competition Judges, web masters and web suppliers, and persons engaged in the development of the Competition materials and members of the immediate family (parents, siblings, children [natural, adopted, foster] and spouse, wherever they reside) or household members (whether or not related) of such employees, officers, directors, advisors and Competition Judges are not eligible. By participating, you agree (and if you are a minor in the jurisdiction in which you reside (hereinafter, a “minor”), your parent/legal guardian agrees) to these Official Rules and all the decisions of Administrator and Sponsor, which are final and binding in all respects. In the event you are chosen as a potential winner, your parent/legal guardian will need to execute a formal acknowledgment and agreement to these rules in order for you to become the official winner. Void where prohibited. The Competition is subject to all applicable federal, provincial, state and local laws, rules and regulations.
2. Competition Period: Competition begins on October 11, 2016 at 12:00 Noon (ET); and ends on December 19, 2016 at 5:00 pm (ET). The Competition computer is the official timekeeping device for the Competition. Mail-in entries must be postmarked by December 19, 2016.
3. How To Participate: No purchase necessary. You may participate in Competition by going to: www.getactivewithmls.com, clicking on “contest,” and following instructions found at the website (hereinafter the “Website”). When you access the website, you will be asked to select a username, a password and your birthdate. (The username and password will not be associated with any personal information of an entrant under 13.) You will also be asked if you are a legal resident of the United States or Canada. If you are a legal resident of Canada, you will be asked what province you are from. (If you are from the Province of Quebec and you are under the age of 13, you will be denied access to the entry process due to age.) You will also be asked to enter your parent’s/legal guardian’s email address when you sign up. We will send an email to your parent/legal guardian notifying him/her that you have signed up with the website and they will have the option to opt you out of the website at their discretion, in which case you will no longer be allowed to enter the Competition. If you are under 13 years old, your parent/legal guardian will be asked to complete your contact information including full name, address, email address and phone number. When you have selected the username and password you will be assigned an account. You may proceed to your assigned Entry Workspace and you can develop your Competition entry and potential submission. When you enter the Competition you will be asked to answer two (2) questions and upload one (1) attachment (attachment may be either a video or essay). Only one (1) Entry (hereinafter defined) per eligible person will be allowed.
4. Competition Online Entry Workspace: By following the instructions on the Website you will be able to store the Entry you are working on (for example: the answer to one of the questions or your media upload), access that Entry, change, alter and modify it to refine at any time or times until you are ready to submit your Entry. By having and using a Workspace, however, you are under no obligation to submit your Entry into the Competition. Until such submission, a) Administrator will have no access to your Workspace or the work in your account, and b) you can remove your work at any time prior to submission.
5. Entry via Mail: Log on to the Website, follow the instruction to find and complete the official mail-in entry form available for download from the website and following the instructions to mail the Entry along with your media file (DVD, CD, or web link) or attached word document essay, postmarked by December 19, 2016 and sent to: BKFK, ATTN: Get Active With MLS Challenge; 1177 High Ridge Rd; Stamford, CT 06905. There is a limit of 500 words per answer to each question and for the essay and all videos must be 3 minutes long or less, otherwise you will be disqualified.
6. About Usernames/Passwords/Accounts: When you access the website to work in your account or to participate in the Competition, you must log in using your username and password. If at any time you forget your username or password, you may gain access to your username and password by following the on-screen instructions and your username or password will be shown to you on screen. You are solely responsible for the security of your username and password. You should take precautions to keep your username and password private to prevent unauthorized use. Neither BKFK nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a username and password.
7. The Competition Entry: An Entry must fully answer all of the questions in the online or mail-in entry form (hereinafter “Entry”): come up with a creative way to motivate your friends, family, community and/or school to be healthy and fit. Kids can enter videos, posters, games, essays, poems and photos that encourage friends and family to eat healthy, and exercise. The entry can be funny, informative, exciting, and/or creative and must include information about exercise and nutrition. The information and ideas contained in the Entry must have been conceived by the entrant and be the sole and original work of the entrant.
The entry must:
- a. Encourage people to stay active and healthy;
- b. Include information about exercise and nutrition;
- c. Include an uploaded file of a video, document or image (this could be a .wav, .pdf, .doc, .docx, .mov, .mpg, .wmv, .mpg4, ppt, pptx);
- d. Be submitted in English or French.
The entry cannot:
- a. include any written description (or part thereof) which is already protected by patent or copyright unless the patent or copyright is owned by the entrant; or
- b. include any music or video (or part thereof) which is already protected by patent or copyright unless the patent or copyright is owned by the entrant; or
- c. include Entry materials, image uploads, or use of the site that are considered inappropriate in any way (as determined by Administrator, in Administrator’s sole opinion).
8. Creating the Competition Entry: Your Entry must be submitted through the Competition Entry Workspace on the Website which was established in accordance with Rule 3 above, or by completing the official mail-in entry form available for download from the Website and following the instructions to mail the Entry along with your attachment. The entry cannot picture or depict any person, or the trademark, or product of any third party.
9. Entry Submissions: When you have completed your Entry, and are satisfied that it answers all questions fully, and includes the uploaded video, document or image, click on the “submit” button. Prior to your Entry being submitted, your parent/legal guardian will need to agree to these official rules by clicking the appropriate button. Once that is done your Entry will be submitted. While you can change, alter or modify your Entry before it is submitted (while it is in your Workspace in edit mode), once an Entry is submitted it cannot be changed, altered or modified for any reason and in any way, whatsoever. You may keep a ‘read only’ copy of your Entry, which has been locked, in your Workspace for archival purposes. By submitting an Entry you (and your parent/legal guardian if you are a minor) warrant and represent, to the best of your knowledge, that the Entry, and your submission thereof to the Competition, (1) does not violate any law, regulation or right of any third party, including but not limited to patent, copyright, trademark, or other intellectual property or sui generis right, (2) that the Entry does not violate any fiduciary relationship or violate any agreement you may have, (3) that the Entry is your own sole and original idea, (4) that the Entry does not contain any virus, bugs, or other deleterious material. You may also mail your Entry using the official mail-in Entry form available for download on the Website.
Entries must be received and recorded by the Administrator’s Competition computer by December 19, 2016, 5:00 pm (ET) or postmarked December 19, 2016 if sent by mail. Please click, ‘contact us’ for assistance.
Entries once submitted become the property of BKFK and will neither be acknowledged nor returned.
10. Judging: There will be two (2) rounds/phases of judging:
Round/Phase 1: The Judges will judge all submitted Entries based on the following items (the “Judging Criteria”): (i) Originality of the Entry (40%); (ii) Creativity of the Entry (30%), and (iii) Quality of the answers (30%). BKFK will enlist qualified judges to judge the Entries based on the Judging Criteria. Each Entry will be judged by 2 separate judges and scored according to the Judging Criteria. On December 22, 2016 at 5:00pm (ET), at BKFK’s head office located at 1177 High Ridge Road, Stamford, CT, 06905 ("BKFK Head Office"), the Judges will select the ten (10) semifinalists (the “Semifinalists”) from among all submitted Entries received during the Contest Period, provided there are at least ten qualified Entries. Top ten (10) Entries will move to 2nd round.
Round/Phase 2: Between December 23 and January 3, 2017 at BKFK’s Head Office, the ten (10) Entries of the Semifinalists will be judged by another panel of 5 to 7 Judges appointed by the Sponsor to determine the three (3) potential winners, subject to Sponsor approval. They will judge the top ten (10) Entries based on the Judging Criteria. The potential winners ranked second and third will each receive a Runner-Up prize and the potential winner ranked first (together the "Finalists") will receive the grand prize, subject to compliance with these Official Rules.
11. Prizes and Approximate Retail Values:
- One (1) Grand Prize Winner will receive a US$1,000 scholarship and a prize package including MLS “swag”, (approximate retail value ("ARV")): US$1,200)(the “Grand Prize”).
- Two (2) Runner-Up Prize Winners will each receive a US$500 scholarship and a prize package including MLS “Swag” (ARV: US$700 each) (each a “Runner-up Prize”).
- The seven (7) remaining Semifinalists (Semifinalists not selected as either a Grand Prize Winner or Runner-up Winners) will each receive a prize package including MLS “Swag” (ARV: US$200 each) (each a “Semifinalist Prize).
- One (1) prize for the teacher/mentor of the Grand Prize Winner will be awarded: the Grand Prize Winner will be asked to nominate the teacher/mentor who told him/her about the Competition or was most inspirational in the process who will receive US$250 gift card for school supplies. If no teacher/mentor is identified by Grand Prize Winner, then this prize will not be awarded.
- Two (2) Prizes for the teachers/mentors of each winner of a Runner-up Prize will be awarded: Each Runner-up Winner (other than the Grand Prize Winner) will be invited to nominate the teacher/mentor who told his/her about the contest or was most inspirational in the process who will each receive US$50 gift cards for school supplies. If no teacher/mentor is identified, then this prize will not be awarded.
Each prize is non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor’s sole and absolute discretion. Winner’s parents will be required to complete releases in relation to any prize. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value at its sole and absolute discretion.
12. Winner Notification: The parent or legal guardian of each potential winning entrant will be notified by Administrator, within ten (10) days of the selection of the potential winners, via telephone and/or overnight mail and/or mail and will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release and other documents, as designated by Sponsor, and provide the name of its teacher/mentor as mentioned in paragraph 11, by specified date on forms. If a potential winner is from Canada, his/her parent or legal guardian shall also answer correctly to a math skill-testing question. Non-compliance with the foregoing or such parent/legal guardian's failure to comply with verification process and/or eligibility requirements, return of prize or prize notification as undeliverable, the inability of Administrator to contact a potential winner within a reasonable time period, the applicable potential winning minor entrant may be disqualified and, at Sponsor's discretion and time permitting, awarding of prize and winner status to an alternate entrant.
The prizes and other information will be sent to the winners via mail within thirty (30) days of the reception of all the documentation mentioned in the above paragraph.
13. General Conditions: By participating in the Competition, you (and your parents/legal guardian) agree to the Official Rules and the decisions of the Judges and Sponsor, which shall be final and binding in all respects. Potential winners will be notified by phone, mail or email.
Entry materials will not be acknowledged or returned. Entrants and any information about the Entries or the judging of Entries, which are not selected to be one of the top 10 ideas, will not be disclosed to the Sponsor or the public.
Participants (and participant’s parent/legal guardian) hereby: (i) grant to Administrator and Sponsor a non-exclusive, perpetual license to receive, reproduce, distribute, display and otherwise process submitted data, materials and information, and to evaluate same, both in connection with the Competition and outside of the Competition, and (ii) agree (a) that Administrator, and Sponsor their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, trustees, employees, representatives, advisors and agents (collectively the “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants (and a participant’s parent/legal guardian) against any liability for any injuries, losses or damages (whether due to negligence or otherwise) of any kind to person(s), including death, or property, or for breach or failure of any representation, warranty or obligation, or for infringement of rights of intellectual property, publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Competition or any Competition related activities, and (b) except where legally prohibited, grant (and agree to confirm that grant in writing) permission to Administrator and Sponsor and those acting under its authority, the right to the use of the winner’s name, picture, likeness, voice, biographical information and statements, and Entry (or any part thereof) at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereinafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval, and (c) agree that the winner shall appear at any times and at any places deemed reasonably necessary by Administrator or Sponsor to advertise, promote, or otherwise market the winner’s Entry (it being understood that any such appearance will be on reasonable notice to the winner, that winner will be excused from such appearance should he/she have a prior commitment which cannot be delayed, and reasonable expenses as determined by Sponsor for any such appearance will be borne by Sponsor).
14. Liability Limitations: Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered Entries; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entry or other information or the failure to capture, store, or loss of, any such information. Entrants are expected to, and shall, retain copies of all portions of their Entries, and shall not rely on Administrator to retain same. Administrator shall not be responsible for lost or corrupted submission materials. Persons who tamper with or abuse any aspect of this Competition, as solely determined by the Administrator, will be disqualified. Use of any automated system to submit Entries is prohibited and will result in disqualification. The Entry shall be submitted by the entrant in his/her own name and a proxy cannot be given to this effect, failing which the entrant will be disqualified. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Competition or downloading or printing materials of any kind from, or for, this Competition, or use of the Website. Should any portion of the Competition be, in Administrator’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Administrator, corrupt or impair the administration, security, fairness or proper conduct, or submission of Entries, Administrator and Sponsor reserve the right at its sole discretion to suspend, modify or terminate the Competition, and select the winner from Entries received prior to action taken or as otherwise deemed fair and appropriate by Administrator or Sponsor. Released Parties are 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 Competition, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use to this website. In case of dispute, the authorized Website registrant whose email address and date of birth is used to enter the Competition at the actual time of the submission of an Entry will be deemed to be the entrant, and must comply with these Official Rules.
15. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE COMPETITION, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
16. Arbitration/Choice Of Law: Except where prohibited, entrants (and entrants parent/legal guardian if entrant is a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Competition, or any prize awarded, or the determination of the winner(s), shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Administrator in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Connecticut. If permitted by law, and the Rules of the American Arbitration Association, entrants (and entrant’s parent/legal guardian if entrant is a minor) agree, all proceedings commenced hereunder, the details, transcripts, testimony and all particulars of all such proceedings, and the results of all such proceedings, for example but not limited to findings of fact and/or law, and awards, (all as however characterized), shall be kept and maintained as confidential by all of the parties (and their counsel or representative(s)) to any proceeding, and shall not be disclosed, in whole or in part, directly or indirectly, to any third party.
17. Residents of the Province of Quebec: Any litigation respecting the conduct or organization of the Competition may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties to reach a settlement.
19. Winner List: For the name of winners mail a first class self addressed stamped envelope to: BKFK, ATTN: Get Active With Major League Soccer Fall Challenge; 1177 High Ridge Rd; Stamford, CT 06905 for receipt by January 31, 2017. Name of winners may also be posted on the MLS Soccer Get Active website.
20. Administrator: The By Kids For Kids Company, 1177 High Ridge Road, Stamford, CT 06905 USA.
21. Sponsor: Major League Soccer, 420 Fifth Ave., New York, NY 10018 USA.