THE WEEK JUNIOR – COVER CONTEST OFFICIAL RULES
NO PURCHASE OR SUBSCRIPTION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. MANY WILL ENTER. FEW WILL WIN.
1. ENTRY PERIOD AND SPONSOR
The Week Junior – Cover Contest (the “Contest”) entry period (the “Contest Entry Period”) begins at 12:00:01 a.m. Eastern Time (“ET”) on November 10, 2020 and ends at 11:59:59 p.m. ET on November 30, 2020. The Contest is sponsored by The Week Junior, a division of Dennis Media, its designees, and assignees (collectively, the “Sponsor”).
The Contest is open to legal residents of the 50 United States and the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, who are 8-14 years of age as of the date of entry and are not considered professional artists. Eligible minors may only participate in the Contest with the express written permission (i.e., the signed Entry Form) of their parent or legal guardian. For the purpose of these official rules (“Official Rules”), an eligible minor and his/her parent or legal guardian will be referred to herein collectively as an “Entrant.” Void where prohibited by law.
Employees of Sponsor, its promotional partners, and their respective parents, affiliates and subsidiaries, participating advertising and promotion agencies (and members of their immediate family and/or those living in the same household of each such employee) are not eligible to enter. Immediate family members include siblings, grandparents, offspring, aunts, uncles, and first cousins.
3. HOW TO ENTER
To enter the Contest, with a parent or legal guardian’s permission, during the Contest Entry Period, Entrants must: (a) create and an original piece of hand drawn artwork that has been created for the purpose of being considered for inclusion in a December 2020 edition of The Week Junior; (b) have their parent or legal guardian complete an online entry form (“Entry Form) by providing Entrant’s name, address, age, and other information requested; (c) print the Entry Form and Entrant’s parent or legal guardian must provide his/her contact information and handwritten signature where indicated; and (d) Entrant’s parent or legal guardian must then email a PDF of the completed and signed Entry Form and the digital image of the original hand drawn artwork to @firstname.lastname@example.org (the “Entry”). All artwork submissions must consist of hand drawn original content created by the Entrant for purposes of this Contest.
Entry Forms must be received by Sponsor at the email address listed above by 11:59:59 p.m. ET on November 30, 2020 to be considered. You do not have to be a The Week Junior subscriber to enter. Limit one (1) Entry per person. Entries are subject to the Official Rules outlined herein.
4. JUDGING CRITERIA
All eligible entries will be judged by The Week Junior editors in two (2) rounds of evaluation. Round One:
Judging for the first round will be based on the following criteria:
i. Creativity (25%);
ii. Originality (25%);
iii. Reflective of the Winter Season (25%); and
iv. Reflective of The Week Junior (25%).
The ten (10) eligible Entries with the highest scores will be deemed potential finalists (“Finalists”). In the event of a tie, the Entry with the highest “creativity” score will be deemed the winner. Decisions of judges are made in their sole discretion and are final and binding.
Sponsor reserves the right to choose fewer than ten (10) Finalists if, in Sponsor’s sole discretion, an insufficient number of qualified entries are received. Parents/legal guardians of the Finalists will be notified on or around Monday December 7, 2020.
Upon notification by Sponsor that an Entrant has been selected as a Finalist, the Entrant’s parent or guardian will be directed to transmit the original Entry along with requested executed documentation via a designated overnight courier (which courier costs will be borne by Sponsor) so that it is received by Sponsor no later than December 10, 2020. Judges will select up to one
(1) Finalist Entry as an image to include on the cover of a December 2020 edition of The Week Junior. Sponsor reserves the right to include other Finalist’s Entries in the same The Week Junior edition.
Finalists are not, by their participation, guaranteed to have their Entry published by Sponsor. Incomplete and/or ineligible Entries or submissions not complying with all rules are subject to disqualification. The parents/legal guardians of the selected Finalists will be notified by
. Sponsor shall have no liability for any Entrant whose selection notification is lost, intercepted, or not received by the potential Finalist’s parent or legal guardian for any reason.
Entries must: (a) be the hand drawn original work product of Entrant; (b) be solely owned by Entrant and with no other person or entity having any right or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. Entrant shall not directly or indirectly include any trademark, logo, or intellectual property in his/her Entry in any way unless owned exclusively by Entrant. By submitting an Entry, Entrant’s parent or guardian represents his or her compliance with these terms.
Sponsor may reject any Entry in its sole discretion if the Entry, in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; and/or which is otherwise deemed to be inappropriate or demeaning in Sponsor’s sole discretion. Entry must not attempt to duplicate any other Entry or third-party works. Sponsor reserves the right in its sole discretion to disqualify any Entry that is a duplicate or substantially similar to another Entry, and Sponsor may, in its sole discretion, disqualify any Entry that violates these parameters and/or any other part of Official Rules.
5. CONDITIONS OF PARTICIPATION
By entering, each Entrant and Entrant’s parent or legal guardian agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to this Contest; (b) release and hold harmless Sponsor and its respective parent, subsidiary and affiliated companies, and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s Entry, creation of an Entry, submission of an Entry, participation in the Contest, acceptance /or the broadcast, exploitation or use of Entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Contest.
Nothing in these Official Rules shall obligate Sponsor to publish or otherwise use any Entry submitted in connection with this Contest. All federal, state, and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest.
The parents or legal guardians of potential Finalists, as a condition of being a Finalist will be required to sign and return an Affidavit of Eligibility, a Copyright License, Liability Release, and where legally permissible, a Publicity Release, confirmation of a license containing the terms set forth herein and above, and any other affidavits, declarations, and/or releases or additional documents that may be required by Sponsor (collectively, the “Additional Documents”) within three (3) days following the date of Sponsor’s first attempted notification. The Additional Documents may include, among other things, certification that: (a) the Entry does not defame or invade the privacy of any party; (b) the Entry does not infringe upon the rights of any third party; and (c) the Entry is original. Failure to comply with this three (3) day deadline may result in
Entrant’s forfeiture of his her position as a Finalist, and Sponsor’s potential selection of an alternate Finalist. Return of any notification as undeliverable may, in Sponsor’s sole discretion, may also result in disqualification and selection of an alternate Finalist.
Infringing or non-qualified Entries, or acts that Sponsor becomes aware of may render the Entrant ineligible and may result in liability to Sponsor and/or third parties. Sponsor, in its sole discretion, reserves the immediate and unrestricted right to disqualify any Entrant if such Entrant either commits or has committed any act, or has been involved or becomes involved in any situation or occurrence that the Sponsor deems likely to subject the Sponsor or Entrant to ridicule, scandal, or contempt, or which reflects unfavorably upon the Sponsor in any way, including any alleged claim of a violation of third party rights. If such information is discovered by Sponsor after an Entrant of his/her selection as a Finalist, Sponsor may rescind such selection. Decisions of the Sponsor are final and binding in all matters related to this paragraph. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Finalists.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate 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 provision. In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Contest will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Finalists may be required to show proof of being the authorized account holder to continue to be eligible. Entries and Entry information will not be acknowledged or returned.
By entering, Entrant and Entrant’s parent or legal guardian grants to Sponsor a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish at any time in the future and otherwise use Entrant’s Entry Submission, along with Entrant’s first name and last name initials, likeness, biographical information and any other information provided by Entrant, in any and all media for possible editorial, promotional or advertising purposes, without further permission, notice, or compensation (except where prohibited by law). Without limitation, Entrant and Entrant’s parent or legal guardian grants Sponsor a royalty free license to use and post the Entry of each Entrant, in whole or in part, to Sponsor’s website and social media platforms.
7. DISPUTES AND GOVERNING LAW:
Except where prohibited by law, as a condition of participating in this Contest, each Entrant agrees that (1) any and all disputes 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 final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and Entrant further waives all rights to have damages multiplied or increased. Entrants further agree that any and all disputes, claims and causes of action arising out of or connected with this Contest, including the use of any Entry, shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
8. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) lost, late, misplaced, or postage due mail or deliveries,
(d) unauthorized human intervention in any part of the entry process or the Contest; (e) technical or human error, which may occur in the administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or
corrupted, Entrant’s sole remedy is another Entry in the Contest. No more than the stated number of Entries will be selected. If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, force majeure, epidemic/pandemic, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to choose the Finalists from among all eligible, non-suspect Entries received as of the date/time of termination.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE CONTEST ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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 RELEASING PARTY.”
If any provision of these rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
10. USE OF DATA
11. SELECTED FINALISTS` LIST
For the initials and geographical vicinity of selected Finalists, send a request along with a
self-addressed, stamped return envelope to The Week Junior Cover Contest Winners, 155 E. 44th St, 22nd Floor, New York, NY 10017.
The Sponsor of this Contest is DENNIS MEDIA and its division named THE WEEK JUNIOR
(155 E. 44th Street, 22nd Floor, New York, NY 10017).