2017 Legacy of Play Contest rules

Landscape Structures Inc.
2017 Legacy of Play Contest

Contest rules

NO PURCHASE OR FEES NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. The sponsor of this contest is Landscape Structures Inc., 601 Seventh Street South, Delano, MN 55328.

2. Decisions of the jurists shall be final and binding regarding all matters concerning the Legacy of Play Contest (“Contest”) including, but not limited to, eligibility, disqualification, evaluation of the information contained on Contestant’s entry form, and decisions made based on the information therein, scoring and tabulations of results, and interpretations of these Official Rules. By participating, Contestants agree to abide by and be bound by these Official Rules, and the decisions of the judges. Neither Sponsor nor Contest judges shall be required to release the individual rankings or scores of any Contestant. In the event of any conflicts or inconsistencies between these Rules and the language in or any other statements or materials in any form or media (whether or not issued by or on behalf of Sponsor), the provisions of these Rules shall control and take priority over such other statements or materials unless otherwise specifically indicated in writing by Sponsor that such statements or materials supersede these rules.

3. Eligibility: Open to members of Kiwanis-family clubs who are 18 years of age or older at time of entry. VOID WHERE PROHIBITED. LIMIT: ONE ENTRY PER CONTESTANT AND THE CLUB WITH WHICH THEY ARE AFFILIATED. Kiwanis-family clubs are defined as clubs that are a member of Kiwanis International, Circle K International, Aktion Club, Key Club International, Builder’s Club or K-Kids. Entries must be submitted by a representative of a club that is 18 years of age or older. Void where prohibited. Limit one entry per Kiwanis Family Club. The following are not eligible to participate in the Contest: employees of the Sponsor and individuals involved in the marketing, development, fulfillment and execution of this Contest and the immediate family members (spouse, parent, child, sibling and spouse or “step”) of each and those living in the same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) of each such person.

4. Continuing eligibility: Advancement through the rounds of the Contest will require significant undertakings by Contestants. In addition, Contestants will be required to execute and deliver: (i) permission, as Sponsor deems necessary, to verify the information contained on Contestant’s entry form, including Contestant’s status as a Kiwanis Family Club in good standing, (ii) liability releases, (iii) publicity releases, and (iv) such other documents and information as may be reasonably requested by Sponsor (collectively all or any combination of such documents may be referred to in these Official Rules as “Contest Affidavits and Releases”). In order to maintain eligibility throughout the Contest, Contestants must abide by these Official Rules. Additionally, the information contained in Contestant’s entry form is subject to verification by Sponsor, in such frequency and manner, as Sponsor in its sole discretion deems appropriate, and must be satisfactory at each level of the competition, as Sponsor in its sole discretion deems appropriate. In the event Contestant becomes affiliated with a different club after submitting an entry, the club affiliation at the time of the Contestant’s entry remains the eligible club with respect to any prize award.

5. Contest PHASE 1: HOW TO ENTER: From 12:00 p.m. Eastern Daylight Time (“EDT”) on April 13, 2017 through 11:59:59 p.m. EDT on May 14, 2017 (“Entry Period”), visit www.facebook.com/kiwanis (“Contest Website”) to enter the Contest. BEFORE YOU WILL BE ALLOWED TO CONTINUE, YOU MUST EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THE TERMS OF SERVICE AND PRIVACY POLICIES. IF YOU DO NOT AGREE, PLEASE DO NOT ENTER THE CONTEST. Follow the on-screen instructions to complete and submit the online entry form (“Entry Form”). When prompted, you will be asked to answer a few short questions in a compelling fashion. All responses must be submitted in English and are limited in size to 250 words or less. Contestants may supplement their entry with 1 optional image. The entry, and any optional images (collectively or individually, the “Submission”) must be Contestant’s own original creation, written solely by Contestant; may not have been or be submitted into any other contest or competition; and may not have won any other award or been published previously. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Contestant’s original creation. Before submitting an entry, you will be required to agree that you have (a) read or have had these Official Rules read to you and you are in agreement with these Official Rules. If you are selected as a potential prize winner in the Contest, you will be required to obtain a release provided by Sponsor signed by each identifiable person appearing in your Submission granting Sponsor permission to use his or her image/likeness. Submissions that do not include all required information and adhere to the Official Rules as determined by Sponsor in its sole discretion will be considered void. Once submitted, Submission will not be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant (as defined in “Additional Requirements” below) it deems inappropriate or otherwise non-compliant.

6. CONTEST PHASE 2: SELECTION OF FINALISTS: From 12:00 p.m. Eastern Daylight Time (“EDT”) on May 16, 2017 through 11:59:59 a.m. EDT on May 31, 2017 (“Voting Period”), visit www.facebook.com/kiwanis where all eligible entries received, as outlined in Rule #5 above, will be open to public vote. Facebook users are eligible to vote on each submission once per day for the duration of the Voting Period. At the conclusion of the Voting Period the 10 qualifying entries that have received the most votes will advance to Phase 3.

7. CONTEST PHASE 3: JURY SELECTS WINNER: During the period between 12:00 p.m. Eastern Daylight Time (“EDT”) on May 31, 2017 through 11:59:59 p.m. EDT on June 9, 2017 (“Jury Selection Period”), the contest Jury will convene and select a winning entry (“Winning Club”) and an alternate (“Alternate”) from the 10 qualifying entries that received the most votes as described in Rule #6.

8. PRIZES: One Grand Prize will be awarded to the Winning Club around October 2018. Subject to compliance with Rule #9 below, the Winning Club will receive playground equipment from Landscape Structures Inc. valued at $25,000. All other costs associated with the construction and operation of a playground, including but not limited to additional playground equipment and design services not awarded as the Grand Prize, playground site acquisition and preparation (clearing and leveling site, fill and drainage, curbing and walkways, landscaping and accessible safety surfacing poured in place or rubber tiles), signage, operating employees and training therefore, are the responsibility of the Winning Club. Possession of prizes must be taken by October 31, 2018.

9. PRIZE WINNER’S RESPONSIBILITIES: In order to remain qualified to receive the prizes, during the entire Contest Period, Winning Club must continuously meet all Contest eligibility requirements, including, without limitation, execution and delivery of any affidavits or releases and compliance with all other requirements, including:

  • Execution and delivery of an agreement to maintain Sponsor’s signage on playground;

  • Delivery of files of any images, that contestant provided as part of entry, to Sponsor;

  • Playground project plan satisfactory to Sponsor to develop and complete a playground;

  • Project installation completed by October 2018; and

  • Payment of taxes/duties (if applicable) due upon prize award.

In the event the potential Winning Club does not comply, as determined by Sponsor at Sponsor’s sole discretion, with all of the foregoing requirements, potential winners will forfeit their prize and be disqualified from further participating in the Contest. In such event, Sponsor shall name the appropriate Alternate as the Winning Club. No prize transfers, substitutions or cash equivalents, except at the sole discretion of the Sponsor. If a prize becomes unavailable, Sponsor reserves the right to substitute a prize of equal or greater value.

10. MODIFICATION: Sponsor reserves the right, at its sole discretion, to modify, cancel, postpone, delay, suspend and/or terminate the Contest and/or any Round of the Contest in the event that the Contest or such Round is not capable of being run as planned or intended by these Official Rules by reason of any technical or other disabling causes or other causes that, in the sole discretion of the Sponsor, impair, corrupt or interrupt the administration, fairness, security, proper conduct or integrity of the Contest, including without limitation, hurricane, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, war, terrorist threat or activity or insurrection, computer virus or bug, unauthorized human intervention or other causes beyond Sponsor’s control.

11. NON-CONFORMING ENTRIES; DISRUPTION OF CONTEST: Entries not conforming to the requirements of these Official Rules will not be accepted or acknowledged, will be ineligible and void and the submitter of such entries will be disqualified from further participation in the Contest. Sponsor, each juror and the respective affiliates, agents and subsidiaries of each of the foregoing, and the officers, directors, shareholders, agents and employees of each of the foregoing persons or entities (collectively, “Released Parties”) are not responsible for late, lost, stolen, damaged, garbled, incomplete, or misdirected entries or communications to or from Contestants, errors in the printing of these Official Rules or any other Contest material. Further, Released Parties are not responsible for errors, omissions, interruptions, deletions, defects or delays in systems operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing, downloading, displaying or storing any information in connection with the Contest. ANY ATTEMPT BY AN INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE OR TAMPER WITH CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH INDIVIDUAL AND/OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION; AND IF SUCH INDIVIDUAL ENTERS OR HAS ENTERED THE CONTEST HE/SHE WILL BE DISQUALIFIED FROM FURTHER PARTICIPATION IN THE CONTEST.

12. RELEASE: By participating in the Contest, each Contestant agrees, and by accepting a prize each winner agrees, to release and hold harmless each of the Released Parties from any and all liability, loss or damage incurred in connection with Contestant’s participation in the Contest and/or the awarding, receipt, acceptance, possession or use/misuse of any prize or participation in any prize-related activities. By accepting a prize the winning club (i) agrees to Sponsor’s use for advertising or publicity purposes of winner’s name, address (city & state), photograph, videotape and/or likeness and to the use of statements made by or attributed to winner relating to the Contest, Sponsor, Sponsor’s distributors and products and services, and (ii) grants to Sponsor any and all rights to said use world-wide in all forms of media now known or hereinafter devised, in perpetuity, without further compensation or notice, unless prohibited by law.

13. RIGHT TO USE MATERIALS: Each Contestant represents, warrants and covenants to Sponsor that the right to submit and use any materials submitted to the Contest is not restricted in any manner. By entering this Contest and submitting your entry, you irrevocably grant the Sponsor and its agents the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, for any purpose, without limitation, and without consideration to you. Finalists agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in their Submissions, including, without limitation, all copyrights and waive all moral rights in Submission. All Contestants further agree to release and indemnify and hold harmless the Released Parties from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringe on the rights of Contestant’s work as contained in any Submission.

14. DISPUTE RESOLUTION/CHOICE OF LAW: The decisions of the jury are final on all matters relating to the Contest including, without limitation, the construction, validity, interpretation and enforceability of these Official Rules. Any and all disputes, claims, and causes of action of every kind and nature including, but not limited to, initial claims, counterclaims, cross-claims, third party claims and claims based upon contract, tort, intentional tort, statutes, regulations, common law and equity arising out of or in connection with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action or any purported representative capacity on behalf of others similarly situated, and any judicial proceeding shall take place in a federal or state court for Wright County, Minnesota, and any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees, provided, however, the non-prevailing party shall be liable to the prevailing party for the reasonable attorney fees and other out-of-pocket expenses actually incurred by the prevailing party with respect to such proceeding. Under no circumstances will a Contestant be permitted to obtain awards for, and each Contestant hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the printing, construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and the Sponsor in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota.

15. WINNERS LIST: Winners list will be posted on the Contest Website, www.facebook.com/kiwanis, on or about June 9, 2017. Sponsor reserves the right to cancel the Contest at any time and substitute another promotion in its place.