Point Mallard Model Search Contest Rules
FREE TO ENTER
NO PURCHASE NECESSARY
Participation constitutes full and unconditional agreement to, and acceptance of, these Official Rules. The Point Mallard Model Search is open to legal residents of the United States, who are (a) 18 years of age or older and (b) the legal guardian of a child that is between 6 months and 13 years of age on August 15, 2012. Employees, officers, and directors of Point Mallard or WAAY-31, their immediate family members and persons living in their same household, and anyone selected as a previous model for Point Mallard are not eligible to enter the Contest. This Contest is offered in the U.S. only and shall only be construed and evaluated according to U.S. law. Residents of states that prohibit such contests are ineligible. To obtain a printed copy of these Rules write to: Point Mallard Park, Attn: Model Search Rules – PO Box 488, Decatur, Alabama 35602. You must understand that You (the parent) are entering the contest and not your child.
GENERAL RULES OF CONTEST:
To enter the Contest you must register either online, by postal mail or drop off point and must submit a photograph of your child(ren)(see "How to Enter" below). The contest will run thru August 15, 2012.
The top fifty entrants with the highest total vote count at Midnight on August 15, 2012 will be awarded the opportunity to meet in-person with Point Mallard officials for Model Search audition. Up to 25 additional entrants will also be chosen at the full discretion of Point Mallard, with no regards to vote count of these entrants, based on photogenic ability. All 75 semi-finalists will be interviewed by Point Mallard. One grand prize winner and 12 finalist will be selected.
By submitting a photograph you hereby grant to Point Mallard and other users of www.pointmallardmodelsearch.com a non-exclusive, fully paid and royalty-free, worldwide, limited license to the copyright of the photograph, and to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content including without limitation distributing part or all of the Site in any media formats through any media channels. Point Mallard and other Users may copy, print of display publicly available Content outside of pointmallardmodelsearch.com, including without limitation, via the Site or third party websites or publications, and you agree not to raise any claim or dispute based on any right to privacy for the entrant or for the child against Point Mallard or any others based on your participation in the Contest.
Contestants may vote for their or any of the other contestants. Point Mallard reserves the right to amend the contest rules at any time.
Entrant must be the owner of the photograph, and have the right to submit the photograph for consideration in the Contest. Entrant must own the copyright for the photograph, such as by providing the artistic impression for, and the taking of the photograph, or by acquiring an assignment of the copyright from another who provided the artistic impression for the photograph, such as the photographer. Submitted photographs should not be digitally, or otherwise altered.
All rules, rule interpretations, disqualifications, prize awards, and all other aspects of the Contest will be decided by Point Mallard based solely on Point Mallard's judgment.
The entrant indemnifies Point Mallard for any and all costs associated with a claim, suit, or threat of claim based on Point Mallard's publication of any image entered in the Contest, including all reasonable legal costs.
Businesses, individuals and/or organizations partnering with Point Mallard for any reason, including but not limited to contest promotion, are the be considered "sponsors" with same rights and protections as Point Mallard under these rules.
HOW TO ENTER:
1.) Online: Go online to www.pointmallardmodelsearch.com and complete the registration form. Provide all requested information in the required fields contained in the entry form, along with uploading a photo. Online entries will be accepted throughout the duration of contest. Only one entry per child.
2.) By Postal Mail: You may send in pictures along with contact information to Point Mallard Model Search, PO Box 488, Decatur Al 35602. You may also drop off pictures and entry form at our drop off locations noted next. The contact information needs to be the parent's first and last name as well as the child(ren)'s name. We also need a mailing address, telephone number and email address(if you have one) so we may be able to contact you if you are a winner. Entry form is available online at http://pointmallardmodelsearch.com/entry/entryform.html or at our drop off locations. Only one entry per child. Because of the volume of photos expected, entries will not be returned.
3.) Drop off: You may drop off photos and an entry form at: Point Mallard Administration Office (located in the Ice Complex) 2901 – D, Point Mallard Circle, SE, Decatur, Al 35601. The contact information needs to be the parent's first and last name as well as the child(ren)'s name. We also need a mailing address, telephone number and email address (if you have one) so we may be able to contact you if you are a winner. Entry form is available online at http://www.pointmallardmodelsearch.com/entry/entryform.html or at our drop off location. Only one entry per child. Because of the volume of photos expected, entries will not be returned.
All votes will be cast at www.pointmallardmodelsearch.com. Voting will remain open from May 15 1, 2012 through August 15, 2012. Participants may vote as many times as they wish. Votes cost $1.00 for each vote. Payment to be made at time vote is cast through Paypal function on website.
Awards may not be redeemed or exchanged for retail or cash value of any kind.
One grand prize winner will star in a Point Mallard television commercial for the 2013 season, appear on a Point Mallard billboard and be featured in the 2013 Point Mallard Souvenir Calendar.
Twelve finalists will appear in the 2013 Point Mallard calendar and may participate in television promotion and professional photo session.
Seventy-five semifinalists will receive an individual 2013 Waterpark Season Pass to Point Mallard.
Point Mallard will contact all potential winners in accordance with the information supplied on their Entry Forms. Winners may be verified over the telephone at the time and may be asked to provide Sponsors with valid identification. Acceptable identification includes a valid driver’s license or other valid picture ID showing name and address. Faxes will not be accepted. If Sponsors are unable to communicate directly with a winner within two (2) days from initial attempted notification, Sponsors in their sole discretion may disqualify that winner and select an alternate winner using the same winner selection method set forth above. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. Upon verification of eligibility, the names and/or photographs of the First Place Winner and Runner-Up Winners and/or their children depicted in the winning Entry Photographs will be posted on www.pointmallardmodelsearch.com and announced on WAAY31 News.
All federal, state and local laws apply. Point Mallard shall be entitled to interpret these rules as needed - including but not limited to rules regarding entries, selection of winners, deadlines, restrictions on awards, and eligibility - and all of their decisions are final. By entering, Entrants agree to these Official Rules. Sponsor reserves the right to cancel, terminate or suspend this Contest or any part of this Contest at any time and for any reason, including but not limited to any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, corruption or impairment of the security, administration, fairness and/or operation of this Contest, as determined by Sponsors in their sole discretion. Sponsors retain the right to select the Winners in accordance with any criteria deemed appropriate at the sole discretion of the Sponsor, including the previously announced selection criteria from among all non-suspect eligible entries received at the time of the Contest termination. Sponsors are not responsible for lost, interrupted, or unavailable network, server, or other connections, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, even if the failures or disruptions are due to Sponsor errors, or for entries that for any reason are not received by Sponsors by the deadlines stated above. Sponsors are also not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or downloading of any software or materials. Sponsors reserve the right to correct typographical or clerical errors in any Contest-related materials. No more than the stated number of awards will be available. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of awards as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to provide only the stated number of awards by selecting the Winners using any criteria deemed appropriate at the sole discretion of the Sponsor.
Point Mallard will NOT be responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure.
Sponsors reserve the right to prohibit any Entrant from participating in the Contest if, at their sole discretion, Sponsors find such Entrant to be tampering with the entry process or the operation of the Contest, or if such Entrant repeatedly shows a disregard for, or attempts to circumvent, these Rules, or acts: (a) in a manner Sponsors determine to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant or Sponsors; or (c) in any other disruptive manner as determined by the Sponsor. Any person attempting to defraud or tamper with this Contest in any way will be ineligible to participate or receive an award and may be prosecuted to the full extent of the law. Any failure by the Sponsors to enforce any of these Rules shall not constitute a waiver of such Rules.
Entrants agree to release Point Mallard and the Contest Sponsors from any and all liability related to this Contest and the use of the Entry Photograph in the Calendar.
By entering the Contest, Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any awards shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Alabama without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Alabama. Any legal proceedings arising out of this Contest or relating to these rules shall be instituted only in the federal or state courts located in Morgan County, Alabama and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
For a final list of winners (available after approximately December 31, 2012), visit www.pointmallardmodelsearch.com or send a self-addressed stamped envelope by mail to: Point Mallard Park: Attn Contest Winners; PO Box 488, Decatur, Al 35602