Playground Design Contest Official Rules

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Let's Play is a community partnership led by Dr Pepper Snapple Group to get kids and families active nationwide. The first Let's Play initiative is a $15 million, three-year commitment to build or improve 2,000 playgrounds with KaBOOM!.
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OFFICIAL RULES - Last updated 10/27/2011

OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ("U.S."), AGED 18 YEARS OR OLDER AT TIME OF ENTRY, WHO ARE EXISTING KABOOM! APPLICANTS WITH ACTIVE PROJECTS AND A MINIMUM OF $24,000 IN PLANNED EQUIPMENT PURCHASES. DO NOT ENTER IF YOU DO NOT RESIDE IN THE U.S.

1. ELIGIBILITY: Open to legal U.S. residents who are 18 years of age or older at time of entry who are existing KaBOOM! Applicants with active projects and a minimum of $24,000 in planned equipment purchases. Employees, officers and directors of KaBOOM! ("Sponsor"), employees, officers and directors of Dr Pepper Snapple Group, members of the KaBOOM! Preferred Vendor Program, their respective parents, subsidiaries, affiliates, advertising agencies, promotional suppliers, and the immediate family members (spouses, siblings, children, parents, step-parents, step-siblings, and step-children), regardless of where they live, or members of the same households (whether related or not) of such employees, officers and directors (collectively, "Entities") are not eligible. Subject to all applicable local, state, and federal laws. Void where prohibited.

2. TO ENTER: The KaBOOM! Let's Play "Promote Your Playground" Contest ("Contest") begins at 12:00:01 AM Eastern Daylight Time ("EDT") on October 3, 2011 and ends at 11:59:59 PM EDT on October 21, 2011 ("Promotion Period"). Visit www.kaboom.org and register for the web site. If you are already registered with the KaBOOM! Website, there is no need to register again. To enter the Contest, follow the on-screen instructions. You must upload a completed grant application, a playground design drawing, and an essay that includes the following: 1.) demonstrated need for a playground in the community, 2.) anticipated impact that the playground and project will have on the community, 3.) impact the playground will have on low income areas, 4.) capacity for proposed playground to engage the community in planning and building the playground, 5.) capacity to generate the matching funds to support and complete the build within the time frame of the grant period, and 6.) demonstrated enthusiasm for this project and commitment to fulfill requirements ("Entry"). Essay portion of Entry must be in English. Entries must be received by 11:59:59 PM EDT on October 21, 2011. Note: As part of your Entry, you must have an active project in the KaBOOM! Project Planner (http://projects.kaboom.org). Once your Entry has been received by KaBOOM!, you will be required to fill out an official online application and must provide all supplemental materials by 11:59:59 PM EDT on October 24, 2011. BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY MAY BE POSTED ON SPONSOR'S WEBSITE, IN SPONSOR'S DISCRETION. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. You understand that you are providing your personal information to Sponsor and not to Facebook. Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Facebook. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant. Entries will be disqualified if, in the opinion of the Sponsor, they: (a) are sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) are obscene or offensive, endorse any form of hate or hate group; (d) infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification other than that of entrant, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission; (f) contain materials embodying the names, likeness, or other indicia identifying any person, living or dead, without permission; or (g) suggest, or are in violation of, any law. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to the Voting Period. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website.

By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, or likeness is used in the Entry and (f) and that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor and administrators from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant must be able to provide legal releases for such use including Sponsor's use of such entry, in a form satisfactory to administrator, upon request, prior to award of grant. By accepting grant, recipients agree that their Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the grant recipients irrevocably assign and transfer to Sponsor all of their rights, title and interest in and to their Entry, including all but not limited to all copyright and trademark rights which they may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Grant recipients hereby waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that grant recipients may now or later have to their Entry. Sponsor reserves the right to alter, change or modify winning Entries, in its sole discretion. Upon request of Sponsor, grant recipients shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment. By participating, entrants agree to these Official Rules, which are final and binding in all respects.

3. GRANTS/VOTING/RECIPIENTS: On or about October 31, 2011, representatives of the Sponsor will reveal ten (10) Finalist Entries that have been deemed best by an expert panel consisting of members from both KaBOOM! and Dr Pepper Snapple Group based upon the following judging criteria: 1.) demonstrated need for a playground in the community (10%), 2.) anticipated impact that the playground and project will have on the community (10%), 3.) anticipated impact of playground on low income areas (10%), 4.) capacity to engage the community in planning and building the playground (10%), 5.) capacity to generate the matching funds to support and complete the build within the time frame of the grant period (10%), 6.) demonstrated enthusiasm for this project and commitment to fulfill requirements (10%), and 7.) creativity of playground design (40%). These ten (10) Finalist Entries will then be posted at www.letsplay.com, www.kaboom.org, and also on Facebook at www.facebook.com/LetsPlay and www.facebook.com/KaBOOM, where visitors may vote for their favorite Entry. To cast a vote on LetsPlay.com and KaBOOM.org, you must follow the on-screen instructions to register or log in. To cast a vote on Facebook, you must "like" the Let's Play or KaBOOM Facebook page. You must be at least 18 years of age to vote. Limit one (1) vote per person/email address per day regardless of voting method. You may vote from 12:00:01 AM EDT on October 31, 2011 through 11:59:59 PM EDT on November 11, 2011 ("Voting Period"). For the purposes of this Contest, a "day" shall be defined as 12:00:00 AM EDT to 11:59:59 PM EDT. Voting Period closes on November 11, 2011 at 11:59:59 PM EDT. No person may enter votes by proxy for any other person. Automated methods of voting are prohibited. Any attempt by an entrant and/or his/her family/friends to vote more than the number of times authorized herein using multiple names or email address and/or any other fraudulent mechanism (including hiring third parties to vote for the entrant), as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify entrant and his/her corresponding Entry in its reasonable discretion. The five (5) Finalist Entries receiving the greatest number of non-suspect votes will be deemed grant recipients, subject to verification. GRANTS: five (5) grant recipients will each receive one (1) $9,000.00 grant from KaBOOM! and one (1) $6,000.00 grant from a KaBOOM! Preferred Vendor for a total of a $15,000 grant. To be eligible to receive the grants, grant recipients must choose one (1) of the KaBOOM! Preferred Vendors (http://kaboom.org/vendors) for the promotion and must place a qualifying equipment order with the chosen vendor no later than November 11, 2012. "Qualifying Equipment Orders" must meet the standards of the KaBOOM! Preferred Vendor selected by the grant recipient. To receive the $15,000 grant, grant recipient's total playground equipment purchase, excluding the $15,000 grant, must be at least $24,000. Equipment orders not placed by November 11, 2012 will forfeit the grant in its entirety. Grant recipients will be notified by phone, email and/or overnight courier at Sponsor's sole discretion, and will be required to complete an affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within time period specified in notification letter, or an alternate grant recipient may be selected. Additional documents may be required by the Sponsor and/or Sponsor's Preferred Vendors. If a grant recipient is 18 or older, as is required for entry, but not of the age of majority in his/her state of residence, grant will either be awarded in the name of parent or legal guardian who must ratify and sign any and all documents required of the grant recipient. Inability to contact a grant recipient or the return of any notification as undeliverable will result in the grant being forfeited and awarded to the Entry receiving the next highest number of non-suspect votes. No substitutions for the grant or any of its elements shall apply, except at the election of Sponsor or as may be necessary due to unavailability. In such a case, award of comparable or greater value will be awarded. Grant is not transferable, assignable, or redeemable for cash. Sponsor is responsible only for the delivery of the grant and is not responsible for equipment purchased with grant, utility, installation, quality or otherwise. Any unclaimed and/or unused portion of grant will be forfeited and will not be substituted. Grant recipients must comply at all times with KaBOOM! grant terms and conditions and the grant funds will on be dispersed in accordance with such terms and conditions.

4. GENERAL: Taxes on grant and all expenses related to acceptance and use of grant and not specified are the sole responsibility of the grant recipients. By participating, entrants agree [a] to these rules and decisions of Sponsor which shall be final in all respects relating to this promotion; [b] to release, discharge and hold harmless KaBOOM!, Dr Pepper Snapple Group and all other Entities from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Contest or their acceptance, use or misuse of a grant including, without limitation, personal injury, death and property damage; and if a grant recipient, and [c] to permit Entities to use his or her name, photograph, likeness, statements, biographical information, voice, voice likeness, city and state address, for advertising, publicity and promotional purposes in all media, including but not limited to on air and within www.kaboom.org and/or www.letsplay.com in perpetuity, without further notice or compensation (unless prohibited by law) and agree to execute specific consent to such use upon request. The Entities are not responsible for and shall not be liable for [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; [b] failed, incomplete, garbled or delayed computer transmissions; [c] late, lost, misdirected or incomplete entries or postage-due mail; or [d] any condition caused by events beyond the control of the Sponsor that may cause the promotion to be disrupted or corrupted. Sponsor reserves the right to cancel or suspend the Contest or any portion thereof should virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the promotion, in which case grant recipients will be awarded from among all eligible entries received prior to cancellation. Entry information becomes property of Sponsor. No transfer of grants or cash redemption. No substitution of grant, in whole or in part, except by Sponsor due to unavailability or any other reason as solely determined by Sponsor in which case a grant of comparable or greater value will be awarded. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Internet entry must be made by the entrant only at the authorized web site address of www.kaboom.org. Entries may not be made by any other individual or any entity, and/or originating at any other Internet website or e-mail address, including but not limited to commercial contest subscription notification and/or entering service sites. Any grant recipient who enters by any of the methods described above will be disqualified and an alternate grant recipient selected. Use of any device to automate entry is prohibited. Sponsor reserves the right in its sole discretion to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.

5. PRIVACY: The collection and use of entrant information will be governed by KaBOOM!'s online privacy policy available for viewing at http://kaboom.org/home/privacy_policy.

6. GRANT RECIPIENTLIST: Grant recipients will be posted at kaboom.org on or about November 30, 2011.

Sponsor/Administrator: KaBOOM!, 4455 Connecticut Avenue, NW, Suite B100, Washington, DC 20008.

© 2011 KaBOOM!. All rights reserved.