NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR ABILITY TO WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AND WHO ARE PARENTS OR LEGAL GUARDIANS OF KIDS BETWEEN THE AGES OF 5 AND 12 AT THE TIME OF ENTERING.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES INCLUDING BINDING ARBITRATION AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR YOUTUBE. NEITHER INSTAGRAM NOR YOUTUBE IS AFFILIATED WITH THE SPONSOR IN ANY WAY.
SPONSOR.The Sonny’s Kids Rule Art Contest (“Contest”) is sponsored by Sun Bum LLC, (“Sponsor”), 444 S. Coast Highway 101, Encinitas, California 92024.
Via Email. Scan or take a digital photo of the completed Entry Form and attach that along with a separate digital image of the Artwork (i.e., digital photo or scanned image). E-mail both attachments together in one e-mail to: contest@sunbum.com no later than 11:59 p.m. PT on June 9, 2023. Include Entrant’s (i.e., Parent/Legal Guardian) full name in the subject line of the email. AND
Via Regular U.S. Mail. Mail the original Artwork and completed and signed Entry Form in an envelope with proper postage affixed and postmarked by June 9, 2023 to: Sun Bum (Attention: Sonny’s Kids Rule Art Contest) at 444 S. Coast HWY 101, Encinitas, CA 92024. Include Entrant’s (i.e., Parent/Legal Guardian) full name on the back side of the Artwork only. Do not include full name of Kid Artist anywhere on the Artwork or Submission.
NOTE ON DIGITAL FILES: Acceptable file formats are GIF, JPEG, JPG, PNG, and HEIC. Image files should not exceed 10MB.
Email Submissions begin at 10:00 a.m. PT on May 15, 2023 and end at 11:59 pm PT on June 9, 2023 (the “Entry Period”). Postal mail Submissions must be postmarked by June 9, 2023 and received by June 16, 2023. Entry to the Contest is complete when Sponsor has received both the e-mail and mail-in elements of Your Submission. Sponsor’s computer clock is the official time-keeping device of this Contest. The entire duration of the Contest runs from May 15, 2023 until Artwork has been judged and scored, potential Contest Winners (defined below) have been notified and verified, and prizes have been awarded (“Entire Contest Period”). Submissions may not be acknowledged or otherwise verified. Proof of e-mailing/mailing is not proof of entry to the Contest. Sponsor is not responsible for late, lost, damaged or incomplete Submissions. Normal Internet access and usage charges imposed by Your internet service provider may apply. A person may only use one (1) e-mail address to enter the Contest. Submissions become the sole property of Sponsor and will not be returned.
NOTE: SUBMISSIONS MAY ONLY BE MADE BY ENTRANTS WHO ARE THE PARENTS OR LEGAL GUARDIANS OF THEIR RESPECTIVE KID ARTISTS. IF SPONSOR BECOMES AWARE OR SUSPECTS THAT A SUBMISSION WAS MADE BY A MINOR, SUCH SUBMISSIONS MAY BE VOIDED BY SPONSOR.
By participating, You, on behalf of Yourself and Your Kid Artist: (i) accept and agree to these Official Rules and Sponsor’s decisions, which shall be final in all matters related to the Contest and waive any right to claim ambiguity in the Contest or these Official Rules; (ii) represent that Your Submission complies with these Official Rules, including the Artwork Requirements and Representations and Warranties set forth in this Section 3; and (ii) agree that Sponsor may disqualify any Submission if Sponsor believes, in its sole discretion, that a Submission fails to comply with these Official Rules in any way or otherwise contains unacceptable content.
All of these factors together determine the Submission’s overall “Judges’ Score.” The top five (5) Entrants whose respective Kid Artist’s Artwork receives the highest Judges’ Scores will each be deemed a “Contest Winner”, as further explained below.
In the event of a tie, tied Artwork will be re-judged (by a Judge who did not judge in the original round) using the Criteria above to determine the Contest Winner until the tie is broken. If a Contest Winner is found to be ineligible or does not comply with these Official Rules, they will be disqualified, and the prize may be awarded to the Submission with the next-highest Judges’ Score. Judges and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the Contest Winners. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest. Sponsor reserves the right to choose fewer than the stated number of potential Contest Winners if it does not receive a sufficient number of eligible Submissions, as determined in its sole discretion.
WINNER NOTIFICATION AND VERIFICATION: On or about July 5, 2023 (subject to change due to reasonable time needed for judging), the potential Contest Winners will be notified via e-mail and/or phone as provided on the Entry Form.
All Contest Winners will be required to execute a Copyright assignment of the Artwork, an Affidavit of Eligibility, a Liability Release. and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”) on behalf of the Entrant and applicable Kid Artist within seven (7) business days from the date that the Prize Claim Documents are sent. If the potential Contest Winner fails or refuses to sign and return all Prize Claim Documents within the Sponsor’s designated time period, the potential Contest Winner may be disqualified, at the Sponsor’s sole discretion.
If a potential Contest Winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize or, if Sponsor or its authorized designee is unable to contact the potential Contest Winner, or a prize is returned undeliverable, the prize may be forfeited, and in the Sponsor's sole discretion, the forfeited prize may be awarded to the Entrant who submitted the Artwork that received the next-highest Judges’ Score, as determined by Sponsor in its sole discretion.
Each potential Contest Winner may be required to furnish proof of identification and/or other proof of eligibility under these Official Rules. Sponsor is not responsible for any undelivered e-mails including without limitation messages, Prize Claim Documents, or other e-mails not received because a Contest Winner’s privacy or spam filter settings which may divert any Contest message or e-mail. The prizes will only be awarded to verified Contest Winners. Contest Entities shall not be held responsible for any delays in awarding a prize for any reason. If after a good-faith attempt, Sponsor is unable to award or deliver a prize, such prize may not be awarded. The $1000 check and Sun Bum product portion of the prize package will be mailed to verified Contest Winners within approximately six (6) weeks after verification of eligibility and receipt by Sponsor of the Prize Claim Documents (as applicable) within the time frame set by Sponsor.
Further, no Entrant will be eligible to receive a prize unless Sponsor determines, in its sole discretion, that the potential winning Artwork has been or can be sufficiently cleared for legal purposes (e.g., for the purpose of the Contest and/or Sponsor’s other intended uses), and the eligibility is otherwise verified for each such Entrant and Kid Artist.
SPONSOR’S IP: Sponsor grants each Entrant (and each Entrant’s Kid Artist) a limited, revocable, non-sublicensable license to use Sponsor’s name, logo and Sonny mascot (collectively, “Sponsor’s IP”) in the Artwork for the sole purpose of participating in this Contest. Neither the Entrants nor the Kid Artists are permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Entrants recognize that all rights, title, and interest in Sponsor’s IP shall vest exclusively with Sponsor, and each Entrant (on behalf of Entrant and each Entrant’s respective Kid Artist) agrees that they have not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted in these Official Rules is transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making a Submission in this Contest, and that any use of Sponsor’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor. For clarity, Entrants agree on behalf of themselves and their respective Kid Artists that they will not use their Artwork for any commercial purpose without the express consent of Sponsor, which it may withhold in its sole discretion.
GRANT OF RIGHTS AND USE OF SUBMISSIONS: Non-winning Entrants and their respective Kid Artists retain ownership of intellectual property rights in and to their Artwork (excluding Sponsor’s rights in Sponsor’s IP). Each Entrant represents and warrants that by participating, You, on behalf of Yourself and Your Kid Artist, have the right to grant and hereby grant to Sponsor and its affiliated companies and designees, licensees, successors and assigns a royalty free, irrevocable, transferable, worldwide, license to post, publish, use, copy, reproduce, modify, edit, and distribute the Artwork, including, without limitation, the first name and age of the Kid Artist, in any and all media now known or hereafter developed in perpetuity, without consideration and without review, approval or notice, to the extent permitted by law. If requested, each Entrant will sign any documentation (on behalf of Entrant and the applicable Kid Artist) that may be required for Sponsor or its designees to make use of the rights granted to use the respective Kid Artist’s Artwork.
Without limiting the foregoing, Entrants, on behalf of themselves and their respective Kid Artists, acknowledge and agree that during the Entire Contest Period, the Artwork, (with or without the first name and age of Kid Artist), may be posted at Sponsor’s discretion on Sponsor’s social media channels (collectively “Sponsor Channels”) for viewing by the general public. If Artwork is displayed on Sponsor Channels, Entrants understand and agree that such Artwork may be subject to third party comments that will be publicly viewable, and further, such Artwork may also be saved and shared by such third parties on the Internet or otherwise, and Sponsor and the other Released Parties (defined below) shall have no liability for or duty to police such third party actions. Further, Sponsor, at its sole discretion, may add or remove any Artwork from the Sponsor Channels at any time for whatever reason. The displaying of Artwork on the Sponsor Channels does not constitute verification of eligibility or compliance with these Official Rules and is no indication of Sponsor’s or Judges’ opinion about such Submission. Each Entrant hereby agrees to indemnify and hold the Released Parties (defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements made by Entrants hereunder.
If Sponsor is duly notified that any element of a Submission infringes upon the rights of another person, and/or receives a legally valid request to remove the affected Artwork from Sponsor Channels, such Submission may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Each Entrant (on behalf of the Entrant the Entrant’s Kid Artist) will not take any action that interferes with the rights granted to Sponsor under these Official Rules.
RELEASE AND LIMITATION OF LIABILITY: By participating in this Contest, Entrants agree on behalf of themselves and their respective Kid Artists to release, discharge, indemnify and hold harmless Sponsor, Contest Entities, Instagram, YouTube, and each of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, digital and e-commerce providers, prize providers, webmasters, and all of the above’s respective officers, directors, employees, representatives, designees and agents (collectively “Released Parties”) from and against any and all claims, actions, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (including bodily injury and death or property damage) of any kind whatsoever arising out of or related to, in whole or in part, directly or indirectly to: (i) the participation in the Contest, use of the Contest Website, or any other Contest-related activity by each Entrant and such Entrant’s Kid Artist; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons); (iii) Sponsor’s right to exploit any rights granted to it hereunder; (iv) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and; (v) any typographical, human, or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize.
Entrants, on behalf of themselves and their respective Kid Artists, further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the releases herein are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Entrant acknowledges that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
EVERYTHING REGARDING THIS CONTEST, INCLUDING, BUT NOT LIMITED TO, THE CONTEST WEBSITE, AND THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BY ENTERING THE CONTEST, ENTRANTS AGREE ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE KID ARTISTS THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND (B) IN NO EVENT WILL RELEASED PARTIES BE LIABLE FOR DAMAGES, JUDGMENTS, OR LOSSES OF ANY KIND. ENTRANTS ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE KID ARTISTS HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DIRECT, INDIRECT, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, (INCLUDING ATTORNEY’S FEES), OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00). ENTRANTS ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE KID ARTISTS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS MAY NOT ALLOW THE ABOVE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL ENTRANTS. ENTRANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING SUCH LIMITATIONS OR EXCLUSIONS.
GOVERNING LAW, DISPUTES and ARBITRATION: All issues and questions concerning the Contest and these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflict of law doctrine. Except where prohibited by law, by participating, Entrants, on behalf of themselves and their respective Kid Artists, agree to settle all disputes only through arbitration (if not first resolved through direct discussion or mediation); provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Diego County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award will be final and binding, with limited exceptions, and judgment may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect before one arbitrator to be mutually agreed. If an in-person hearing is required, then it will take place in San Diego County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. The parties agree to share equally in the arbitration costs incurred. If for any reason a claim proceeds in court rather than in arbitration, the relevant claim shall be resolved before a court having jurisdiction residing in San Diego County, California, and EACH OF THE PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
SPONSOR’S RIGHT TO MODIFY OR CANCEL CONTEST: If for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion and without prior notice, to cancel, terminate, modify (including but not limited to modifying/extending date(s) or deadlines) or suspend the Contest and/or proceed with the Contest, in whole or in part, including the selection of Contest Winners in a manner it deems fair and reasonable including the selection of Contest Winners from among eligible Submissions received prior to such cancellation, termination, modification or suspension. Without limiting the foregoing, such reasons may include, but are not limited to, natural calamities or emergencies, or where fraud, misconduct, or technical failures destroy the integrity of the Contest. In the event of termination, a notice will be posted on the Contest Website. Sponsor does not warrant that access to the Contest Website will be uninterrupted.
USE OF INFORMATION: By participating, Entrants, on behalf of themselves and their respective Kid Artists, agree to Sponsor’s manner of collection, retention, disclosure and other use of any personally identifiable information (“Personal Data”) in connection with conducting and administering the Contest including, but not limited to, Sponsor’s use of authorized third parties that may handle Personal Data. Such Personal Data is subject to Sponsor’s privacy policy available at https://www.sunbum.com/pages/privacy-policy (“Privacy Policy”), which is hereby incorporated herein, and may additionally be disclosed by Sponsor pursuant to any license granted to Sponsor under these Official Rules. In the event of conflict between these Official Rules and the Privacy Policy, these Official Rules will control.
PUBLICITY RIGHTS: By participating in this Contest, and/or accepting a prize, each Entrant agrees to allow the Sponsor and/or Sponsor’s designees the right to use the Entrant’s Artwork, the first name and age of the Kid Artist, and the Entrant’s full name, city and state of residence, biographical information, likeness, picture, social handles, voice, statements regarding the Contest and/or Sponsor, and any other information and content provided by Entrant in connection with the Contest in perpetuity for promotion, trade, commercial, advertising and publicity purposes in all media now known or hereafter discovered, including, but not limited to, on television and the Internet, worldwide, without notice, review or approval and without additional compensation, except where prohibited by law.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Artwork, or to otherwise exploit any Artwork or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Artwork for any reason, with or without legal justification or excuse, and neither Entrants nor Kid Artists shall be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor requests to secure additional assignments and/or certifications for the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to execute the same upon Sponsor's request.
WINNERS’ LIST: To obtain a list of the Contest Winners available after all verification is complete and prizes are awarded visit the Contest Website at https://www.sunbum.com/blogs/sun-bum/kids-art-contest. Contest Winner announcements, including, but not limited to, the Winners’ List will include the full name of the Entrant who made the Submission and the first name and age of the Kid Artist who created the winning Artwork.
SPONSOR: Sun Bum LLC, 444 S. Coast HWY 101, Encinitas, CA 92024.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or YouTube.