I. NAME OF SPONSOR(S): Kindness Duck Project (“KDP”) 777 Taylor St Ste 800, Fort Worth, TX 76102 (hereinafter, collectively referred to as “Sponsor”).
II. ELIGIBILITY: Entrants must be eighteen (18) years of age or younger, legal residents of the fifty (50) United States or the District of Columbia, with the exception of Guam, Puerto Rico, and where prohibited by law. Any individuals (including, but not limited to, employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for KDP or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the contest or supplying the prize, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or play. "Immediate family members" shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses. "Household members" shall mean people who share the same residence at least three (3) months a year. Subject to all applicable federal, state, local and municipal laws and regulations.
Entrants must provide at least three (3) photos of their Halloween costume (“Costume”), as further described below.Entrants must be available and able to join the Big #KindnessDuck Party on Sat., October 30, 2021 between the hours of 5PM CT and 6PM CT wearing the same Costume they submitted, as further described below.Entrants must also be available for a phone or ZOOM interview, if requested by Sponsor, in its sole discretion.
III. HOW AND WHEN TO ENTER: NO PURCHASE NECESSARY. Submissions for KDP’S Big #KindnessDuck Party Costume Contest ("Contest”) begin on October 6, 2021 at 6AM Central Time (“CT”) and ends on October 23, 2021 at 9PM CT (the “Entry Period”). To enter, entrants must visit KDP’s official website (www.kindnessduck.com), click on the Contest-themed registration banner, and follow the online instructions to upload Costume photos (as further described below), and then complete the entry form with following information: first name, last name, city, state (or province/territory), zip/postal code, daytime telephone number, email address, date of birth, among other information.
PHOTOS: Each entrant must upload a minimum of three (3) photos of their Costume, in accordance with the instructions listed on the entry page (collectively, “Photos”). Photos must feature the Entrant wearing the Costume, and include at least one (1) full-length front, one (1) full-length rear view, and one (1) full-length side view of the Costume. Exact compositions of the Photos are at the entrant’s discretion, but the objective is to feature/showcase the Costume for Sponsor in its entirety.
VIDEO: Upon request, entrants may be asked by Sponsor to provide additional video footage of up to thirty seconds (:30) in length demonstrating a full 360-degree view of the Halloween costume, in addition to footage and/or evidence of entrant constructing his/her Costume (“Video”). Video shall only be accepted by Sponsor upon request, which shall be sent to Entrants via the email and/or phone number provided on the entrant’s submission materials. Note: while not all Entrants shall be required to submit a Video, it is recommended that each entrant have his/her Video prepared in advance and ready to present to Sponsor within twenty-four (24) hours of the request being sent. A request by Sponsor for Video bears no indication whatsoever on whether or not the entrant is more likely to be selected as a Semi-Finalist (as further described below). All requests for Video shall be made by Sponsor on or before October 25, 2021. Costumes must not contain or depict any unlawful, defamatory, obscene, sexually explicit, or otherwise objectionable content, as determined by Sponsor in its sole discretion. In the event Sponsor determines that an entrant’s Costume is not eligible to enter the contest or potential be featured at the event, Sponsor reserves the right to disqualify such entrant. Entrants shall not receive any notice if his/her Costume has been disqualified by Sponsor/the judges. Each entrant represents and warrants the following:
• You confirm that you took the Photos/Video submitted by you and are its copyright owner; or that you are the copyright owner’s authorized agent; or that you own, purchased or otherwise legally obtained the rights to the Photos/Video. In addition, you confirm that you have all of the necessary rights and permissions to grant us this license for its use.
• You give KDP non-exclusive permission to reproduce, use, and edit the Photos/Video on all platforms, in all media (now known or hereafter developed), including, without limitation, broadcast, online, streaming and social media, for any purpose, including, but not limited to, promotional uses, worldwide in perpetuity.
• You give Sponsor permission to distribute the Photos/Video to its licensees, including, but not limited to, owned stations, affiliates, partners, licensees and assigns, for their use on all platforms, in all media (now known or hereafter developed), including, without limitation, broadcast, online, streaming and social media, for any purpose, including, but not limited to, promotional uses, worldwide in perpetuity.
• You understand that you will receive no payment or royalty for any use under this agreement; that Sponsor is under no obligation to use, edit or distribute the material; and that you have no right to inspect or approve any use of the material.
Limit one (1) entry per person during the Entry Period (i.e., an entrant may not submit multiple Costumes). Multiple Entries in excess of this limitation may result in disqualification of all entries by such person. Sponsor, in its sole discretion, may disqualify any entry that is deemed inappropriate, illegal or offensive, or otherwise not considered to be a valid entry, and entrant will not be eligible to win a prize (as further described below).
Sponsor cannot provide any technical support, and accepts no responsibility for ensuring the receipt or successful submission of any entry or entry materials, including, but not limited to, Photos or Video. Mass entries or entries generated by a script, macro or use of automated methods will be disqualified. Sponsor is not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including, but not limited to, electronic malfunction or damage of any network, hardware or software. If for any reason the contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the contest. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this Contest. For the avoidance of doubt, Sponsor also cannot provide technical support nor assumes any responsibility for a Semi-Finalist’s ability to travel for purposes of participating in the live event, as further described below.
IV. HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED Semi-Finalists: Up to twelve (12) semi-finalists” (each, a “Semi-Finalist”) will be chosen by the KDP Board Members from among all eligible entrants and asked to attend the Big #KindnessDuck Party. The judging criteria for all Costumes will be: 50% Originality, 20% Overall Appeal and 30% Creativity (collectively, the “Judging Criteria”). Three semi-finalists will come from each division (0-5 years old, 6-11 years old, 12-18 years old, and Pets). All contestant ages will be as of 10/31/2021. Each Semi-Finalist shall receive an invitation to attend the Big #KindnessDuck Party on Saturday, October 30, 2021 from 10AM – 8PM CT.
NOTE: Each Semi-Finalist must be a participant in the event audience for the time period specified, and be visible wearing the same Costume as submitted in his/her entry materials, in order to be eligible to receive the Prize. Entrants shall be notified if they have been selected to be a Semi-Finalist on or about Sunday, October 24, 2021. In the event that a potential Semi-Finalist notifies Sponsor that he/she is unwilling or otherwise unable to participate in the audience, such entrant shall be disqualified and Sponsor shall have the right, in its sole discretion, to select an alternate Semi-Finalist from the remaining eligible entrants, in accordance with the judging criteria listed above.
Each Semi-Finalist will be assigned to a beneficiary non-profit partner ("NPP") of KDP. A fundraiser will be held during the time period between being assigned to an NPP and the Big #KindnessDuck Party in which donors may "vote" on the best costume by donating to the "NPP" of their choice.
Finalists: Four (4) finalists (each, a “Finalist” from their respective division) will be chosen by a cumulative, as determined by the highest fundraiser totals, from among all eligible Semi-Finalists, whose names and Costumes shall be announced during the event. The winner of the Grand Prize (as defined below) will then be selected by a third panel of judges, as determined by Sponsor (different from the panel that selected the Semi-Finalists), live, from among the selected Finalists. Each Finalist will be scored based on the Judging Criteria listed above for a maximum of up to one hundred (100) points. The Finalist with the highest ranking score will be the Grand Prize winner. The Grand Prize winner will be notified during the event on stage. In the event of a tie, the scores for Creativity/Originality will be used as a tiebreaker.
Decisions of the judges and/or Sponsor are final as to all contest-related matters, including, without limitation, in the case of a tie. Final determination of winners is always conditional on verification of eligibility and compliance with all rules and procedures.
In the sole discretion of Sponsor, Entrants may be featured in videotaped and/or broadcast segments and/or online on www.kindnessduck.com and/or the official KDP social media accounts, or by Sponsor by any means or method whether now known or hereafter devised in all media, worldwide in perpetuity.
V. PRIZES: One (1) winner will receive a prize package valued over $500 (the “Grand Prize”). Three (3) Finalists will receive a secondary prize package valued over $250 (each, a “Secondary Prize”). Up to eight (8) Semi-Finalists will receive a prize pack of KDP-related merchandise, prizes, and sponsor gifts. Total actual retail value of all prizes awarded in this contest is over $2,000 dollars. Prizes to be awarded by on site. Sponsor reserves the right to select fewer than twelve (12) Semi-Finalists, if in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions. Odds of winning depend on the number of eligible entries received.
All expenses not specifically provided for herein are each prize winner’s sole responsibility. Some restrictions may apply. Federal, state and local taxes, if any, are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Winners are not entitled to exchange or transfer prizes or to obtain other substitutes, but Sponsor in its sole discretion may substitute prizes of equal or greater value.
By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor/judges, which shall be final in all respects. By participating in this contest and accepting any prize that they may win, entrants agree to release KDP, their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this contest and/or acceptance or use of the prize.
Entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence in programming or promotional material, worldwide in perpetuity, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned materials, but may do so and may edit such materials, at Sponsor’s sole discretion, without further obligation or compensation.
Entrants acknowledge that themselves and/or their Costumes, including their Photo/Video entry materials may be included and/or discussed in a broadcast, that such discussion may include statements or opinions by the broadcast talent or others about the entrants, the entrants’ appearances, and that those statements and opinions may be considered surprising, humiliating, embarrassing, derogatory, defamatory, or otherwise offensive or injurious to them. Entrants release the Released Parties from any actions, claims, injury, loss or damage allegedly caused, directly or indirectly, by any use of the materials and/or such statements or opinions made in connection with them during a broadcast. To claim a prize, winner (and/or their guardian, depending on entrant age) must: (a) provide proof of age, identity and residency; and (b) sign and return affidavit of eligibility/compliance with these Official Rules and publicity/liability release and indemnification.