Terms and Conditions
Below are some rules and regulations that must be followed, please read them carefully.
Promotion is open only to legal residents of any of the 50 United States or District of Columbia, who are 18 years of age or older as of January 1, 2015. Void where prohibited. Employees, contractors, directors of Sponsor, its parent company, affiliates, subsidiaries, distributors, sales representatives, Web masters/suppliers, advertising and promotional agencies, and the immediate family members (spouse, children, parents, siblings) or household members (whether or not related) of each, and FW4K are not eligible. The Promotion is subject to all federal, state and local laws and regulations.
Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. By entering, you acknowledge that your Entry may be posted on Sponsor’s Website or social media sites, in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry you submit, and Sponsor may revise an Entry where necessary. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose, without additional compensation or right of approval. Entries that are not in accordance with the guidelines as stated herein will be ineligible. Entries cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos or trade dress owned by others, including but not limited to, FW4K, Fitwize 4 Kids, and Lean But Not Mean logos or trademarks, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (e) contain copyrighted materials owned by others without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and (g) depict, and cannot itself, be in violation of any law. By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not received previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and (e) that you have obtained permission from a person whose name or likeness is used in the Entry, if any, and (f) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor and the FW4K Entities (defined below) from any claims to the contrary. Any Entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false, deceptive or garbled Entries are not eligible. In the event of an identity dispute, Entry will be considered made by the name appearing on the Entry.
By submitting an Entry, each entrant warrants and represents that he/she is in compliance with these Official Rules. Sponsor shall have the right to disqualify any Entry that it deems to be obscene or otherwise not in good taste, as determined by Sponsor in its sole discretion. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.
You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related concepts or images previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
Prize winners will be contacted by email within seventy-two (72) hours of the applicable drawing. Sponsor is not responsible for any change in participant’s email address. Grand Prize winner will be contacted by email and will be required to respond to the email within seventy-two (72) hours indicating whether he/she can accept the prize and to capture Grand Prize winner’s complete mailing address. If no response is received within the time allotted, prize will be forfeited and an alternate winner selected. Winners may be required to complete and sign an Affidavit of Eligibility, Liability Release and, where legal, a Publicity Release within seven (7) days of attempted notification and delivery of documents. If a winner is a minor in his/her state of residence, prize may be awarded to the minor’s parent/legal guardian who must assume all responsibilities of prize winner. Failure to comply with these conditions or the return of prize or prize documents as undeliverable, will result in forfeiture of prize, without compensation. Participation constitutes permission (except where prohibited by law) for Sponsor and its designees to use each winner’s name and likeness for purposes of advertising, promotion, and publicity without additional compensation, unless prohibited by law. Entrants agree to abide by these Official Rules and by the decisions of Judging Organization. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. By accepting a prize, winners release and agree to hold harmless Sponsor, its parent company, and each of their respective affiliates, directors, employees, officers and agents, and FW4K Entities (defined below), including without limitation, their advertising/promotion agencies from any and all liability, injury, loss, or damage of any kind, including but not limited to personal injury or death, arising from or in connection with participation in the Promotion, or the awarding, receipt, possession, use or misuse of any. Sponsor and its agencies are not responsible for any incorrect or inaccurate information caused by Website users; any error, omission, interruption, deletion, defect, delay in operation or transmission, communications-line failure, theft, or destruction or unauthorized access of the Website; or downloading materials from or use of the Website. If, in the Judging Organization’s opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, the Judging Organization reserves the right to disqualify suspect Entries or modify the Promotion in a manner deemed appropriate by the Judging Organization, at the Judging Organization’s sole discretion. In such event, winners will be determined from eligible Entries received prior to such determination, or as otherwise deemed fair and equitable by the Judging Organization.
PRIZE DETAILS/APPROXIMATE RETAIL VALUES/ODDS
PRIZE DETAILS/APPROXIMATE RETAIL VALUES/ODDS
One (1) Grand First Prize: $500 for you and your school, We will send a check in your name and to your schools name. 2nd prize is a $100 Online Gift Card to Amazon 3rd prize $100 Online Gift Card to Barnes and Noble
If Sponsor so elects, winner may be required to submit to a confidential background check. Such background check may include (but is not limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that the winner will not pose a safety threat or, in the Sponsor’s sole discretion, bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. Sponsor reserves the right to disqualify winner based on the results of his/her background check. If requested, the winner agrees to sign waiver forms authorizing the release of personal and background information.
At the conclusion of the Promotion Period, Entries will be judged by a panel of judges under the administration of the Judging Organization. Entries will be judged on the following “Judging Criteria”: (a) Creativity (1-10 points); (b) Includes confidence (1-10 points); and (c) Mass appeal (1-10 points). The entrant who submitted the Entry receiving the highest cumulative score for all criteria awarded by the judges will be deemed the potential Grand Prize winner. In the event of a tie, tie breaker will be based upon the highest point score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed, to break the tie.
Promotion begins at 12:00 a.m. (midnight) Central Time (“CT”) on March 1, 2015 and ends at 11:59 a.m. CT on August 1, 2015 (“Promotion Period”).
During the Promotion Period, visit www.leanbutnot meanbook.com(“Website”) and follow the online instructions to complete the registration form to include (a) your name, email address, zip code, date of birth and the name of your winning name for your story; (b) a description of how you overcame bullying or obesity (maximum 300 characters); and (c) upload an image (no larger than 3 MB and in a GIF, JPEG, or PNG format) depicting the creative play (altogether, the “Entry”). The image may include only entrant’s child(ren) or legal ward(s) if people are included in the image. The entrant must be the parent or legal guardian of any minor appearing in the image.
From time to time, Sponsor may post Entries on the Website as the “Story of the Week.” Posting of an Entry as a “Story of the Week” is not an indication that an Entry has won.
For each Entry submitted, entrant will receive one (1) entry into the random drawing for the corresponding Entry Period in which he/she entered. Enter as often as you like, however, Entries must be different. If Sponsor determines, in its sole discretion, that an entrant has submitted two (2) or more Entries that are not substantially different from each other, the entrant and/or his Entries may be disqualified. The Sponsor is not responsible for late, lost, incomplete, misdirected, unintelligible or lost Entries. Use of any robotic, automatic, programmed or similar entry methods will void all Entries and result in disqualification. Any other form of Entry is void.
By participating, you are opting in to receive e-newsletters from the Sponsor. If you do not wish to continue receiving e-newsletters from the Sponsor, you may unsubscribe upon receiving your first e-newsletter.
By entering this Promotion, participant waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to enter.
WORK FOR HIRE
WORK FOR HIRE
Each Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the entrant irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify any Entry, in its sole discretion. Upon request of Sponsor, entrant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.