NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
CONTEST DESCRIPTION: The SMart Stylish Kids Photo Contest (the “Contest”) is a photo contest with the intent to invite parents to submit a photo of their child (the “Child”) that reflects the Child’s personality and style. The Contest will include a round of judging to determine five (5) Finalists and a second round of judging to determine a Grand Prize winner, as further described herein.
By participating in the Contest, each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Stein Mart, Inc. (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects.
ELIGIBILITY: The Contest is open to individuals who are a) legal residents of the 48 contiguous United States and the District of Columbia; b) age 18 or older and the age of majority in their state of residence (19+ in Alabama and Nebraska; 21+ in Mississippi) at the time of entry; and c) a parent or legal guardian of a child between the ages of newborn and twelve (12). Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
TIMING: The Contest Entry Period begins at 12:00:01 AM Eastern Time (“ET”) on Monday, March 23, 2020 and ends at 11:59:59 PM ET on Sunday, April 12, 2020 (the “Contest Entry Period”). The Sponsor’s computer is the official timekeeping device for this Contest.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
The ARV of the Grand Prize is $1,000. The trip package, photoshoot and any photos or videos provided following the photoshoot have NO CASH VALUE. If the trip and/or photoshoot is cancelled by the Sponsor, Grand Prize winner understands and agrees that the Grand Prize will only consist of the $1,000 scholarship.
The total ARV of all prizes to be awarded: $1,500.
$1,000 Scholarship will be awarded as a $1,000 deposit in Child’s 529 Plan College Savings Account (a “529 Account”). Grand Prize winner is responsible for establishing a 529 Account within 45 days of winner confirmation and is subject to all terms and conditions associated with such 529 Account based upon the 529 Account guidelines in the beneficiary’s state of residence. Any fees associated with respect to the 529 Account the Grand Prize winner chooses to establish and maintain are the sole responsibility of Grand Prize winner. Scholarship will be paid directly to the 529 Account administrator as a contribution to an existing 529 Account or as initial funding for a new 529 Account, subject to any requirements/restrictions for contributions to such 529 Account. Grand Prize winner has the option to choose to receive a cash alternative prize of $1,000 in lieu of accepting the Grand Prize as a $1,000 deposit in a 529 Account.
Grand Prize winner and Child must be available for the trip package and photoshoot portion of the Grand Prize to be eligible to receive the Grand Prize. Grand Prize winner and Child must attend the photoshoot or Grand Prize will be forfeited in its entirety. The trip dates, photographer and photoshoot timing will be determined by the Sponsor in its sole discretion. The photoshoot portion of the Grand Prize will be coordinated by the Sponsor and is subject to availability. All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of Grand Prize winner. Grand Prize winner and Child must travel on same itinerary. Grand Prize winner and Child must have valid photo ID and any other required documentation prior to departure. Prize must be used on dates specified or prize will be forfeited. Dates are subject to change. Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Atlanta, Georgia such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner is responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and his/her Child to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or Child other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, Grand Prize winner and/or Child are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. In the event Grand Prize winner and/or his/her Child engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the Grand Prize winner and his/her Child home with no further obligation. In the event the Grand Prize winner and/or his/her Child engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner or child to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or Child as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
HOW TO ENTER THE CONTEST: Take a photo of your child aged newborn to twelve (12) (the “Photo”) that best reflects the judging criteria, as defined below. Then, submit your Photo by visiting www.steinmart.com/kidscontest (the “Contest Website”), follow the instructions to complete the entry form, upload your Photo and submit (the “Entry”). Entries must be received between Monday, March 23, 2020 at 12:00:01 AM ET and Sunday, April 12, 2020 at 11:59:59 PM ET. Each Entry must include an original Photo. Contest Entries submitted with a Photo that has already been submitted will be disqualified.
Limit: There is a limit of five (5) Entries per person, however, an Entrant may only submit one (1) Entry per Child.
JUDGING CRITERIA AND ENTRY REQUIREMENTS & CONDITIONS:
Judging Criteria: All eligible Entries received during the Contest Entry Period will be judged based on the criteria (the “Judging Criteria”) set forth below:
Entry Requirements and Conditions: All eligible Entries received during the Contest Entry Period must comply with the following minimum guidelines to be eligible:
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, name, Child’s name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry and/or Photo.
By submitting an Entry, Entrant warrants and represents that: (a) Entry and Photo do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant owns all rights to the Photo, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Entrant him/herself; and (c) Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest.
ENTRIES POSTED TO THE CONTEST WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
FINALIST & GRAND PRIZE WINNER DETERMINATION:
Finalist Determination: The first-round judging period will take place between April 13, 2020 and April 23, 2020. All eligible Entries received during the Entry Period will be separated into the following five (5) age categories based upon the Child’s age at the time of entry (the “Age Categories”) and judged by a panel appointed by the Sponsor, who shall use the Judging Criteria set forth in the “Judging Criteria” section of these Official Rules.
The Entry that receives the highest total score, in each Age Category, based on the Judging Criteria will each be deemed a potential finalist (each, a “Finalist” or “Finalist Prize winner”). In the event of a tie, the tied Entry with the highest score in Criterion A, Charisma, will be deemed the potential finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential finalists from among the tied entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential finalists. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
Grand Prize Winner Determination: The second-round judging period will take place between April 24, 2020 and April 30, 2020. The five (5) Finalists Entries will be reviewed by a second judging panel, comprised of representatives of the Sponsor, who shall use the Judging Criteria to determine the Grand Prize winner. The Finalist Entry that receives the highest total score based on the Judging Criteria will be deemed the Grand Prize winner. In the event of a tie, the tied Entry with the highest score in Criterion A, Charisma, will be deemed the Grand Prize winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the winner from among the tied entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the winner. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the Judging Criteria above.
FINALIST PRIZE WINNERS AND GRAND PRIZE WINNER NOTIFICATION & VERIFICATION:
Finalist Prize Winners: The Finalist Prize winners will be notified on or about Thursday, April 30, 2020 by the Administrator via email. Each Finalist Prize winner will be requested to confirm their mailing address within 48 hours via return email. No response is required. Finalist Prizes will be sent to the address submitted on the entry form at the time of entry or new address provided via email within 4-6 weeks of Finalist being verified.
Grand Prize Winner: The potential Grand Prize winner will be notified on or about Thursday, April 30, 2020 by the Administrator via email and/or phone, and will be required to sign and return, within seventy-two (72) hours of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Grand Prize winner will also be required to sign a Minor Liability & Publicity Release and a Talent Release on behalf of their Child. Noncompliance will result in disqualification and the Finalist Entry who received the next highest second-round judging score will be deemed the Grand Prize winner. The Scholarship portion of the Grand Prize will be awarded after the trip/photoshoot portion of the Grand Prize is complete.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential finalist or winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.
Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Finalists and Grand Prize winner are responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use Finalists/Grand Prize Winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
By accepting a Finalist Prize or Grand Prize, you further agree to release the Sponsor and Administrator from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, Administrator and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prizes offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Entrants assume all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. 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 any prize.
No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.
In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant. Authorized Account Holder means the natural person to whom the email address is registered. Any entrant, or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor and Administrator are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant at any time that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor and Administrator or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant and void any Entries of said person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES 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; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, 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; (C) 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, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Duval County, Florida 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 is final and binding, with limited exceptions, and judgment on the award 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 resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Duval County, Florida The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Duval County, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
WINNER CONFIRMATION REQUEST: For a written confirmation of the Finalists and Grand Prize winner (available after April 30, 2020), send a stamped, self-addressed envelope (no later than May 30, 2020) to: The SMart Stylish Kids Contest Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Stein Mart, Inc., 1200 Riverplace Blvd., Jacksonville, FL, 32207.
ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044 www.ussweeps.com