Terms & Conditions
NO PURCHASE IS NECESSARY TO ENTER THE ART CONTEST OR WIN. ENTRY IN THE ART CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL TERMS AND CONDITIONS. VOID WHERE PROHIBITED.
At Children’s Choice, being incorporated under the laws of California, we respect your right to privacy and take personal data protection extremely seriously, as we would like to provide you with the highest level of protection of the personal data that you have trusted us. This Policy is based on applicable relevant legislation on the protection of personal data, in particular the California Consumer Privacy Act (CCPA).
CHILDREN’S CHOICE WILL NEVER ASK YOU FOR YOUR PERSONAL WALLET LOGIN INFO, SEED PHRASE, PRIVATE ADDRESS INFORMATION, OR ASK YOU TO SEND THE CHILDREN’S CHOICE MONEY/CRYPTOCURRENCY AT ANY POINT.
BINDING THE AGREEMENT
In order to apply to the Children’s Choice Art Competition, you must agree to the Art Competition Terms and Conditions on behalf of your school and/or classroom. Please read these Terms and Conditions carefully prior to your application to ensure you understand and agree to our rules of engagement. You agree that submission of any and all entries during the application process to the Art Competition constitutes an agreement to these Terms and Conditions. You may not apply and are not eligible for the Art Competition rewarding system described in these Terms and Conditions unless you agree to them. These Art Competition Terms and Conditions form a binding legal agreement between you and Children’s Choice with respect to the Art Competition. By entering the Art Competition, you agree to comply with and abide by these Terms and Conditions and the selection methods of the Art Competition judges, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept adjudicated decisions as final and binding as it relates to the content of this Art Competition.
ELIGIBILITY
In order to be eligible to submit art in the Children’s Choice Art Competition, a representative must submit an application on behalf of a participating school and/or classroom. The school representative (hereafter “Applicant”) must: (a) be of age as of the date of entry or to have a legal representative if the Applicant is under 18 years old at the moment of the submission, (b) sign up at the official Submission page and (c) provide a valid email address (hereafter “Applicants”).
ART COMPETITION TIMELINES
Children’s Choice Art Contest submission for Bakersfield West begins on October 7th, 2024 and ends November 4th (the “Entry Period” “). All artwork must be ready for submission by November 6th. A Children’s Choice representative will contact you to arrange a time to pick up your submissions by November 6th. Applications submitted before or after the Entry Period will not be eligible. All dates are subject to change. All applications must be submitted to your designated Outreach Specialist by November 6th (“Submission Deadline”) in order to be considered in the competition.
From November 7th-8th starts the voting for the selected pieces of the Children’s Choice Art Contest collection in order to choose the 9 finalists. Voting for the 3 winners will occur at the Grand Opening event on November 12th.
HOW TO APPLY
Participating classrooms are invited to apply for the Children’s Choice Art Competition by submitting an application using the online form provided at the official contest landing page. The application must fulfill all requirements provided in the instructions on the form. Applications that are incomplete or do not adhere to the rules or specifications of the Art Competition may be disqualified at the sole discretion of Children’s Choice. You must provide all the information requested. You may not apply more than once or use multiple email addresses, identities, or devices to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the terms and conditions of the Art Competition, your application may be disqualified at the sole discretion of Children’s Choice.
CHILDREN’S CHOICE REQUIREMENTS
The Applicants and their applications to this Art Competition must meet the following criteria (“Children’s Choice Requirements”):
The Artworks must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person or otherwise does not comply with the theme and spirit of the Art Competition.
The Artworks must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulations including the laws or regulations in any state where the Art Competition and supporting statements and artworks are created.
The Artworks must not contain any content, material or element that displays any third-party advertising, slogan, logo, trademark, representation of characters indicating sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Art Competition, as determined by Children’s Choice, in its sole discretion.
The Artworks must be original, unpublished and unminted works that do not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
The Artworks cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
The Applicant’s submission is not subject to any actual or threatened litigation or claim.
The Applicant does not include any disparaging remarks relating to Children’s Choice or a third party.
The Applicant’s artwork is submitted in the prescribed form and made available to the Art selection through the channels indicated above.
- During the Art Competition Period, the Children’s Choice team, its agents and the selection committee will be evaluating the submissions and selecting the winners to be featured in their clinics.
- Artists will be rightfully credited as the creators of their artwork. However, Children’s Choice cannot be held responsible for inadvertent or clerical errors committed by third parties in the publishing of the artwork and/or credits for same. Artists shall hold the right to object to the mistreatment of their artwork if such mistreatment is prejudicial to the reputation of the Artist. If the artwork submitted by contestants is materially altered or distorted (reasonable cropping may occur), the Artists reserve their right to demand the withdrawal of the artwork from public use or display.
- Applicants agree to receive emails from Children’s Choice. Applicants can unsubscribe from these communications at any time.
RIGHTS AND WARRANTIES
By applying for the Children’s Choice Art Competition and providing original artwork submissions on behalf of your students/classroom, you understand and agree that Children’s Choice and anyone else acting on behalf of the Children’s Choice or its respective licensees, successors, affiliates and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use your entry, in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation.
By applying for the Children’s Choice Art Competition, you represent and warrant that all entries are original works of authorship and do not violate any third party’s proprietary or intellectual property rights. If any of the submitted artwork infringes upon the intellectual property rights of another, you will be disqualified at the sole discretion of Children’s Choice. If the content of your entry is claimed to constitute an infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Children’s Choice from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Children’s Choice may incur, suffer, or be required to pay to arise out of such infringement or suspected infringement of any third party’s right.
INDEMNIFICATION
To the maximum extent permitted by law, Applicants indemnify and agree to keep indemnified Children’s Choice at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Applicant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Applicants agree to defend, indemnify and hold Children’s Choice harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from:
(i) any submission, statements or other material uploaded or otherwise provided by Applicant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy;
(ii) any misrepresentation made by Applicant in connection with the Art Competition;
(iii) any non-compliance by Applicant with these Terms and Conditions;
(iv) claims brought by persons or entities other than the parties to these Terms and Conditions arising from or related to Applicant’s involvement with the Art Competition;
(v) acceptance, possession, misuse or use of any prize or participation in any Art Competition-related activity or participation in the Children’s Choice Art Competition;
(vi) any malfunction or other problem with the Children’s Choice Site in relation to the entry and participation in the Children’s Choice by Applicant;
(vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Art Competition by Applicant and in the voting process by consumers; or
(viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Art Competition by Applicant.
JUDGING
Three finalist artworks for the Art Competition will be selected for each grade (3rd, 4th, 5th) by the Children’s Choice Selection Committee (“Consortium”) for a total of 9 finalists. Finalists of the Art Competition will be notified via email.
The 9 finalist artworks will be displayed at the Bakersfield West Grand Opening event on November 12th Attendees of the event will vote on the winning artwork for each grade, for a total of 3 winners. The 3 winners will be notified via the email provided on the registration form.
Children’s Choice shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 14 (fourteen) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt of the prize offered in the Children’s Choice Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official Terms and Conditions by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as a Winner, and all privileges as winner will be immediately terminated.
You may request a copy of the winners’ list. All such requests must be sent within 14 (fourteen) days from the end of the Children’s Choice Art Competition Entry Period.
REWARDS
The Winner(s) of the Children’s Choice Art Competition (the “Winner(s)”) will receive the following rewards:
- Each Winning art submission will be framed and featured in our clinic alongside the other winning artworks
- The winner’s classroom will receive a gift card for a pizza party to be thrown by the class’s teacher (valued at $100 and distributed via Tango).
- The winner’s classmates will also receive small toothbrush kits
- Each individual winner will also receive a goody bag and a special certificate commemorating the accomplishment
- Acceptance of the prize constitutes permission for Children’s Choice to use the Winner’s name and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
*By entering this contest, you understand that any prize gift is not intended to induce referrals from patients. Nor is the gift intended to be a discount on services offered by Children’s Choice.
ELIMINATION
Any false information provided within the context of the Art Competition by Applicant concerning identity, digital currency public address if required, mailing address, email address, ownership of right or non-compliance with these Terms and Conditions or the like may result in the immediate elimination of the Applicant from the Art Competition.
Children’s Choice’s failure to enforce any term of these Terms and Conditions will not constitute a waiver of that or any other provision. Children’s Choice reserves the right to disqualify Applicant who violate the Terms and Conditions or interfere with this Art Competition in any manner. If an Applicant is disqualified, Children’s Choice reserves the right to terminate that Applicant’s eligibility to participate in the Art Competition.
Any attempt by an Applicant to deliberately damage any website or undermine the legitimate operation of Children’s Choice may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
CHANGES TO THE ART COMPETITION
If for any reason the Children’s Choice Art Competition is not capable of proceeding as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Art Competition, Children’s Choice reserves the right at its sole discretion to cancel, terminate, modify or suspend the Children’s Choice Art Competition.
LIMITATION OF LIABILITY
By entering the Children’s Choice Art Competition, Applicant agrees to release and hold Children’s Choice and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not by (i) such Applicant’s participation in the Children’s Choice Art Competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorized human intervention in any part of the Children’s Choice Art Competition; (iii) electronic or human error in the administration of the Children’s Choice or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
JURISDICTION AND DISPUTES
These Art Competition Terms and Conditions shall be governed by, subject to, and construed in accordance with the laws of the United States, excluding all conflict of law rules. If any provision(s) of these Terms and Conditions is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Would any dispute arise in connection to the Children’s Choice Art Competition, parties shall aim to resolve such dispute amicably. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Art Competition are hereby excluded, and Applicant expressly waive any and all such rights.
PRIVACY
By entering the Art Competition, the artist or his/her legal representative agree to the Children’s Choice Art Competition Terms and Conditions and the Children’s Choice Privacy Policy.