OFFICIAL RULES. NO PURCHASE NECESSARY

LeapFrog Rockin’ Guitar Video Contest & Sweepstakes

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Sponsor

The LeapFrog Rockin’ Guitar Video Contest & Sweepstakes (the “Promotion”) consists of a video contest portion (the “Contest”) and weekly voting sweepstakes portion (the “Sweepstakes”). The sponsor and administrator of this Promotion is LeapFrog Enterprises, Inc., 6401 Hollis Street, Emeryville, CA 94608, U.S.A. (“Sponsor”).

2. Eligibility

The Promotion is open only to legal residents of the fifty (50) United States (including District of Columbia) (the “Territory”) who are at least eighteen (18) years old at the time of entry. Employees of Sponsor, its parent, subsidiaries, affiliates or agencies and suppliers (individually “Entity”) and the immediate family (spouse, parents, siblings and children) and household members of each Entity are not eligible. All applicable federal, state, and local laws and regulations apply. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Promotion.

3. Promotion Period

The Promotion begins at 12:00:00 PM Pacific Time on August 1, 2012 and ends at 11:59:59 PM Pacific Time on November 30, 2012 with the Contest and Sweepstakes requirements outlined below. The Sponsor’s computer is the official time-keeping device for the Contest and Sweepstakes.

4. Rockin’ Guitar Video Contest

Contest Timing

The Contest begins at 12:00 PM PT on August 1, 2012 and ends at 11:59:59 PM Pacific Time on November 30, 2012 (“Contest Period”).

How to Enter

During the Contest Period, you can enter the Contest at http://touchmagicrockinguitar.leapfrog.com ("Website") by registering and submitting an original video file or webcam video [up to [two minutes] in length] (the "Contest Entry") which features your child playing with a Touch Magic Rockin’ Guitar or your own pretend guitar that you can create out of your own materials. The person uploading the Entry will be deemed the entrant. By submitting a Contest Entry, you attest that you are the parent or legal guardian of all the children depicted in the Contest Entry and that you are aware that you are entering the video in the Contest. You may be required, in Sponsor's sole discretion and upon Sponsor request, to provide a copy of a signed Release Form from each person appearing in your Contest Entry. By entering, you understand that your Contest Entry, in its entirety or portion thereof, may in Sponsor's sole discretion be posted on the Website, television and/or other Sponsor-selected media. All Contest Entries must be completed, submitted and received by 11:59:59 PM Pacific Time on November 30, 2012to be eligible for voting and judging. Normal Internet access and usage charges imposed by Entrants' online service will apply. Limit one (1) unique Contest Entry per person and per e-mail during the Contest Period.

Contest Entry Requirements

Contest Entries must be in the following file formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, and 3G2 and be under 100MB. The Entry must be no more than 2 minutes in length. Sponsor reserves the right to allow for minor fluctuations between the entrant's timing device and the actual runtime of the Contest Entry, based on clear intent to comply with the Official Rules, as determined in the Sponsor's sole discretion. Each Contest Entry must meet the following submission requirements: (a) the Contest Entry must be the entrant's original, previously unpublished work and not contain any third party copyrighted material; (b) the entrant should be able to provide upon request all appropriate clearances, permissions and releases for the Contest Entry (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Contest Entry, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Contest Entry to remain in the Contest). Any Contest Entry that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, entrant information collected in connection with the Contest will be used in accordance with the online privacy policy available at the Website. Any communication or information transmitted to Sponsor or the Website by e-mail or otherwise is and will be treated as non-confidential and non-proprietary. Proof of submission is not considered proof of delivery to or receipt of such Contest Entry. Furthermore, Sponsor shall have no liability for any Contest Entry that is lost, intercepted or not received by Sponsor.

By submitting a Contest Entry video, you are agreeing to grant a world-wide, royalty free license to Sponsor to use the Contest Entry video (in its entirety or any portion thereof) and/or entrant's information in any media now known or hereafter devised, without restriction, including, commercially using and exploiting the Contest Entry to fullest extent possible. The Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use or exploitation. Additionally, by participating, each entrant grants to the Sponsor the unrestricted right to use all statements made in connection with the Contest, and pictures or likeness of Contest participants appearing in the Contest Entry or any promotional photos or videos taken by Sponsor to promote the winners of the Promotion. The Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use or exploitation.

Contest Winner Selection

A total of five Contest winners will be selected. Each of the five winners will receive one Contest Grand Prize. The Contest shall be judged by a panel of six (6) judges, three from LeapFrog and three from the Votigo agency ("Judges"). Judges, in their sole discretion, will determine five winners of the Contest. All Contest Entries will be judged at the conclusion by of the Contest Period by Judges based on the following criteria: 30% - originality/creativity, 20% - relevance to theme, 50% - based on the highest number of votes from viewers on the Website

All results of the winner selections and judging are final and binding and subject to these Official Rules. In the event a winning Contest Entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning Contest Entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded.

Contest Prizes

The Contest Grand Prize consists of one gift card in the amount of $500 US dollars (approximate retail value of $500). Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. All prizes will be fulfilled within 4-6 weeks after winner confirmation.

5. Voting Sweepstakes

Sweepstakes Timing

The Sweepstakes portion of this Promotion begins at 12:00 PM PT on August 1, 2012 and ends at 11:59:59 PM Pacific Time on November 30, 2012 (“Sweepstakes Period”). The Sweepstakes consists of 17 weekly entry periods (each an “Entry Period”) each as follows:

 

Entry Period

Begins at 12:00 AM PST

Ends at 11:59:59 pm PST

Drawing

Prize

First

August 1, 2012

August 7, 2012

August 10, 2012

Touch Magic Prize Pack

Second

August 8, 2012

August 14, 2012

August 17, 2012

Touch Magic Prize Pack

Third

August 15, 2012

August 21, 2012

August 24, 2012

Touch Magic Prize Pack

Fourth

August 22, 2012

August 28, 2012

August 31, 2012

Touch Magic Prize Pack

Fifth

August 29, 2012

September 4, 2012

September 7, 2012

Touch Magic Prize Pack

Sixth

September 5, 2012

September 11, 2012

September 14, 2012

Touch Magic Prize Pack

Seventh

September 12, 2012

September 18, 2012

September 21, 2012

Touch Magic Prize Pack

Eighth

September 19, 2012

September 25, 2012

September 28, 2012

Touch Magic Prize Pack

Ninth

September 26, 2012

October 2, 2012

October 5, 2012

Touch Magic Prize Pack

Tenth

October 3, 2012

October 9, 2012

October 12, 2012

Touch Magic Prize Pack

Eleventh

October 10, 2012

October 16, 2012

October 19, 2012

Touch Magic Prize Pack

Twelfth

October 17, 2012

October 23, 2012

October 26, 2012

Touch Magic Prize Pack

Thirteenth

October 24, 2012

October 30, 2012

November 2, 2012

Touch Magic Prize Pack

Fourteenth

October 31, 2012

November 6, 2012

November 9, 2012

Touch Magic Prize Pack

Fifteenth

November 7, 2012

November 13, 2012

November 16, 2012

Touch Magic Prize Pack

Sixteenth

November 14, 2012

November 20, 2012

November 23, 2012

Touch Magic Prize Pack

Seventeenth

November 21, 2012

November 27, 2012

November 30, 2012

Touch Magic Prize Pack

 

How to Enter the Voting Sweepstakes

During the Sweepstakes Period, persons visiting the Website may submit a vote for the Rockin’ Guitar Contest video the person deems to be the person’s favorite. Persons wishing to vote must enter a valid email address and complete the online registration form. Once a vote has been submitted and received by Sponsor, the person submitting the vote will earn one Sweepstakes entry into the Sweepstakes. Limit one Sweepstakes entry per person, per email address, per day. Normal Internet access and usage charges imposed by voter's online service will apply and are voters' sole responsibility.

Entrant information collected in connection with the Sweepstakes will be used in accordance with the online privacy policy available at the Website. Any communication or information transmitted to Sponsor or the Website by e-mail or otherwise is and will be treated as non-confidential and non-proprietary. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Sweepstakes entry that is lost, intercepted or not received by Sponsor.

Sweepstakes Winner Selection

Sponsor will select one winner for each Entry Period of the Sweepstakes in a random drawing of all eligible entries received during the applicable Entry Period. Odds of winning a Sweepstakes prize depends on the number of eligible entries received during each Entry Period. Non-winning entries do not carry over into subsequent Entry Periods. Potential winners must continue to comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining entries from the applicable Entry Period. Only one alternate drawing will be held, after which the prize will remain un-awarded.

Sweepstakes Prize

One Sweepstakes prize will be awarded during each weekly Entry Period during the Sweepstakes. The Sweepstakes prize consists of one Touch Magic Prize Pack for each Entry Period. The Touch Magic Prize Pack will contain toys from LeapFrog’s Touch Magic line of toys and have an approximate total retail value (“ARV”) of $100. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Prizes will be fulfilled within 4-6 weeks after winner confirmation.

6. Contest and Sweepstakes Winner Notification

Attempts to notify a potential winner will be made using the e-mail address provided at entry. Sponsor is not responsible for e-mail other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within 10 days of the first notification attempt or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be determined/selected. It is the entrant’s obligation to keep an active email address.

7. Publicity

Participation in this Promotion or acceptance of any Promotion prize by a participant shall constitute and signify Participant’s agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, quotes, photo, submission, and Contest Entry (collectively “Submission”) in any manner the Sponsor deems fit including, but not limited to, in connection with the exploitation of the Submission and for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, without limitation and without further payment, notification, permission or other consideration. Promotion participant accepts and acknowledges that Sponsor shall not be obligated to use the Submission, and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. By participating, Promotion participant agrees to release and hold harmless the Sponsor and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, receipt or use of the Contest Entry video, Promotion entry information, and for any claim or cause of action based on publicity rights, defamation or invasion of privacy arising from or related to entrant’s participation in this Promotion.

8. Winner Verification

Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents") upon request of Sponsor. If any potential winner (or such winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within three days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be determined/selected. Sponsor’s decisions are final and binding in all matters related to this Promotion. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.

9.Release

Each participant releases and holds harmless Sponsor and its respective subsidiaries, affiliates, supplies, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

10. Limitations of Liability

Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the offer or administration of the Promotion, including but not limited to errors in the advertising, Official Rules, selection and announcement of the winners and distribution of the prizes or the processing of entries; (5) any inability of any winner to accept or use any prize for any reason; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision

11. Disputes

Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California, U.S.A. or the appropriate California State Court located in Alameda County, California U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, U.S.A.

12. Winner List

Winner list requests will only be accepted after the Promotion end date listed above and no later than six weeks after the Promotion end date. To obtain a copy of the winner list, send a stamped, self-addressed envelope to: LeapFrog Enterprises, Inc., 6401 Hollis Street, Emeryville, CA 94608, U.S.A. Attention: Brand Manager for the Rockin’ Guitar Sweepstakes and Contest Promotion. Please reference “Winner List” in the re: line of the letter requesting a winner list. 

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