Terms & Conditions

Welcome to SAFE Kids Paxie Band™! SAFE Kids Paxie Band is a communications and location service and device for children to help parents/guardians connect with, monitor, track and locate their children.

YOUR ACCESS AND USE OF THE SAFE KIDS PAXIE BAND SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE, (2) YOUR AGREEMENTS WITH THIRD PARTIES, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM OR DEVICE PROVIDER AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS.  YOU MUST BE AT LEAST 18 YEARS OF AGE, THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE TO USE THE SAFE KIDS PAXIE BAND SERVICE.  BY ACCESSING OR USING ANY PART OF THE SAFE KIDS PAXIE BAND SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE SAFE KIDS PAXIE BAND SERVICE.

SAFE Kids Paxie Band Overview: The website, online service and mobile application (the "SAFE Kids Paxie Band App") and the mobile device (the “SAFE Kids Paxie Band Device”, collectively the “SAFE Kids Paxie Band Service”) are provided by SAFE Kids Paxie Band Technologies, Inc. (“SAFE Kids Paxie Band”).  The SAFE Kids Paxie Band Device can be configured, monitored and contacted through the SAFE Kids Paxie Band App.  Please read the User Manual www.mySAFE Kids Paxie Band.com/support/usermanual for more information.  You may not resell use of, or access to, the SAFE Kids Paxie Band Service to any third party. You may not use the SAFE Kids Paxie Band Service for any commercial purpose without the prior written consent of SAFE Kids Paxie Band.

Consent for the Child: The SAFE Kids Paxie Band Device is intended to be worn and used by a child.  By providing the SAFE Kids Paxie Band Device to a child, you represent and warrant to SAFE Kids Paxie Band that you are authorized by such child’s parent or guardian to enable and permit SAFE Kids Paxie Band to operate the SAFE Kids Paxie Band Service and collect and use the information from the SAFE Kids Paxie Band Device used by the child as stated in these Terms of Service and the Privacy Policy www.mySAFE Kids Paxie Band.com/legal/privacypolicy.

Location Device / Emergency:  The SAFE Kids Paxie Band Service is intended for use as a location device.  However, the SAFE Kids Paxie Band Service is not a failsafe security system.  Therefore, proper safety precautions should always be used with children, despite the use of the SAFE Kids Paxie Band Service.

Not 911 Compatible:  The SAFE Kids Paxie Band Device is not compatible with 911 or similar emergency telephone number systems.  Therefore, emergency calls from the SAFE Kids Paxie Band Device will go to a designated recipient (such as a parent or guardian), but will not be placed or forwarded to emergency services personnel.

Not Compatible with Accessibility Features:  The SAFE Kids Paxie Band Device is not designed to be compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features for those with certain disabilities.

Recording Calls:  By using the SAFE Kids Paxie Band Service, you expressly agree that we may record audio conversations between the SAFE Kids Paxie Band Device and the recipient of such call without further notification.  It is your obligation to ensure that the recipient of such emergency calls from the SAFE Kids Paxie Band Device, such as the preset numbers that you program into the SAFE Kids Paxie Band Device, consents to such recording.

Privacy: The SAFE Kids Paxie Band Device is constantly collecting and transmitting data to SAFE Kids Paxie Band, such as location data.  Such detailed data collection and use is critical to the successful operation of the SAFE Kids Paxie Band Service.  To learn more about our data collection and use practices, please read our Privacy Policy www.mySAFE Kids Paxie Band.com/legal/privacypolicy.

Who is our customer:  Our customer is the individual who has registered the SAFE Kids Paxie Band Device.   We are under no obligation to respond to requests, inquires, demands or communications from any party (such as another family member) other than our customer.

Limited Warranty for the Device: SAFE Kids Paxie Band provides a limited warranty to you (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for 1 year from the original date of purchase from an authorized SAFE Kids Paxie Band reseller, subject to the limitations and terms of the warranty disclosure.  You should read SAFE Kids Paxie Band’s full warranty disclosure here www.mySAFE Kids Paxie Band.com/legal/warranty.  SAFE Kids Paxie Band provides no warranty regarding the wireless service provided by AT&T or the SAFE Kids Paxie Band App.

SAFE Kids Paxie Band App License: In order to use the SAFE Kids Paxie Band Service, you will need to download and install the SAFE Kids Paxie Band App. SAFE Kids Paxie Band hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the SAFE Kids Paxie Band App solely on devices and web browser installations that you own or manage. You represent and warrant to us that you have the right to install and operate the SAFE Kids Paxie Band App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices from SAFE Kids Paxie Band on any part of the SAFE Kids Paxie Band Service. You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service.   You may not use the SAFE Kids Paxie Band Service for any purpose that is illegal or potentially harmful to another party, including SAFE Kids Paxie Band.

Uninstall SAFE Kids Paxie Band: You may uninstall the SAFE Kids Paxie Band App at any time by deleting it from your device in the same manner that you delete similar apps.

SAFE Kids Paxie Band App Updates: SAFE Kids Paxie Band may change, update or otherwise modify the SAFE Kids Paxie Band App or the software on the SAFE Kids Paxie Band Device at any time. If we do so, you may have to download a patch or new version in order to continue using the SAFE Kids Paxie Band Service. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the SAFE Kids Paxie Band App or the SAFE Kids Paxie Band Device.

Registration and Passwords: In order to use the SAFE Kids Paxie Band Service, you must register and install the SAFE Kids Paxie Band App. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your user name. If you suspect any unauthorized use of your user name, you should change your password and/or contact SAFE Kids Paxie Band immediately at 1.855.MYSAFE KIDS PAXIE BAND or via email to support@mySAFE Kids Paxie Band.com.

Accessories:  The purchase of accessories from SAFE Kids Paxie Band may be subject to addition Terms of Service, in addition to these Terms of Service.

Termination of Access: In addition to any right or remedy that may be available to us under these SAFE Kids Paxie Band Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the SAFE Kids Paxie Band Service, at any time with or without notice in the event (1) you have breached these Terms of Service, (2) such action is necessary to prevent harm to any party or liability to SAFE Kids Paxie Band or (3) AT&T is no longer providing you with wireless airtime for the Device.  

Communications with SAFE Kids Paxie Band: Any communication or material you transmit to us by electronic mail, social media or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Proprietary Rights: We are the exclusive owner or authorized licensors of the SAFE Kids Paxie Band Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the SAFE Kids Paxie Band Service is the exclusive property of SAFE Kids Paxie Band, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights. No part of the SAFE Kids Paxie Band Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the SAFE Kids Paxie Band Service, without the prior written consent of SAFE Kids Paxie Band. All rights not granted under these Terms of Service are reserved by SAFE Kids Paxie Band.

Disclaimer of Additional Warranties: EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE SECTION ENTITLED “LIMITED WARRANTY FOR THE DEVICE”, ALL PARTS OF THE SAFE KIDS PAXIE BAND SERVICE ARE PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SAFE KIDS PAXIE BAND SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SAFE KIDS PAXIE BAND SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.

SAFE KIDS PAXIE BAND DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE SAFE KIDS PAXIE BAND SERVICE, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.

IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states prohibit the limitation of warranties as set forth herein.  If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed the greater of (1) the amount paid by you to purchase the SAFE Kids Paxie Band Device from an authorized reseller or (2) one hundred dollars ($100).

Your sole remedies, and SAFE Kids Paxie Band’s sole obligations, are as set forth under the section entitled “Limited Warranty for the Device”, for you to stop using the SAFE Kids Paxie Band Service or the dollar limitation set forth above.

Changes: We may change, suspend or terminate the SAFE Kids Paxie Band Service at any time without notice.  In addition, these SAFE Kids Paxie Band Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the SAFE Kids Paxie Band site located at www.mySAFE Kids Paxie Band.com/legal/termsofservice or otherwise informing you of such changes. You should check for such changes frequently. Your continued access of the SAFE Kids Paxie Band Service after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, or related to (1) any breach by you of these Terms of Service, (2) your use of the SAFE Kids Paxie Band Service or (3) a violation by you of any applicable law, agreement or obligation to a third party.

Governing Law:  The laws of the State of New York shall govern these Terms of Service and, subject to the arbitration section below, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SAFE KIDS PAXIE BAND SERVICE. Any claims asserted by you in connection with the SAFE Kids Paxie Band Service must be asserted in writing to SAFE Kids Paxie Band within one (1) year of the date such claim first arose, or such claim is forever waived by you.   Notwithstanding the arbitration section below, SAFE Kids Paxie Band may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to SAFE Kids Paxie Band.

Arbitration: You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms of Service or the SAFE Kids Paxie Band Service.  The arbitration will be conducted before a single arbitrator and will be held at the AAA location in New York County, New York.  Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph.  In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SAFE Kids Paxie Band will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others.  The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone.  Claims may not be joined on consolidated unless agreed to in a writing by all parties.  No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  If you initiate a litigation or any other proceeding against SAFE Kids Paxie Band in violation of this paragraph, you agree to pay SAFE Kids Paxie Band’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.  

Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.

Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Export: You may not use or otherwise export or re-export the SAFE Kids Paxie Band Service except as authorized by United States law and the laws of the jurisdiction in which the SAFE Kids Paxie Band Service was obtained. In particular, but without limitation, the SAFE Kids Paxie Band Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the SAFE Kids Paxie Band Service, you represent and warrant that you are not located in any such country or on any such list.

FCC:  The SAFE Kids Paxie Band Device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) The SAFE Kids Paxie Band Device may not cause harmful interference, and (2) This device must accept any interference received, including interference that may cause undesired operation. This equipment complies with FCC RF radiation exposure limits set forth for an uncontrolled environment. For body-worn operation and use near the head, the SAFE Kids Paxie Band Device has been tested and meets the FCC RF exposure guidelines when used with the wrist strap supplied with this product. Use of other accessories may not ensure compliance with FCC RF exposure guidelines. The maximum SAR value reported for body worn operation is 1.15 W/kg. The maximum SAR value reported against the head is 0.23 W/kg.

Third Parties:  Platform providers, such as AT&T®, Apple®, Google® and other third party carriers, platform or software providers and device manufacturers ("Platform Providers") are not parties to these Terms of Service.  Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the SAFE Kids Paxie Band Service.  To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the SAFE Kids Paxie Band Service.  Except as otherwise agreed in writing between you and the applicable Platform Provider, You acknowledge that Platform Providers are not responsible for addressing any claims relating to the SAFE Kids Paxie Band Service or your possession and/or use of the SAFE Kids Paxie Band Service, including but not limited to: (i) product liability claims; (ii) any claim that the SAFE Kids Paxie Band Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim by the SAFE Kids Paxie Band Device.  Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.  You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Information: Should you have any questions regarding these Terms of Service, to report a violation of these Terms of Service or abuse of the SAFE Kids Paxie Band Service, to receive help in uninstalling the SAFE Kids Paxie Band App or for any other matter, you may contact us at: 1.855.MYSAFE KIDS PAXIE BAND or via email at support@mySAFE Kids Paxie Band.com.

Current Contests

SAFE Kids Paxie Band 2 Giveaway (10/1/14 - 11/30/14)

All persons who sign up to receive email communication and newsletters from SAFE Kids Paxie Band Technologies, Inc. between 9/8/14 and 11/30/14 will be automatically entered to win one of ten SAFE Kids Paxie Band 2 devices being given away by SAFE Kids Paxie Band Technologies, Inc. Winners will be randomly selected between 10/1/14 – 11/30/14 and notified by email. Winners are not obligated to accept the free SAFE Kids Paxie Band 2 and can opt-out of the giveaway at any time by emailing contact@mySAFE Kids Paxie Band.com or sending a reply to the winning email notification. Winners will be responsible for connecting to and paying for any necessary activation fees as well as the $10 monthly AT&T data plan.

The “#SAFE Kids Paxie BandKids” Being Kids Contest (11/12/14-11/20/14)

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  This Contest is governed exclusively by the laws of the United States.  You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia.  

SPONSOR: The sponsor of this Contest is SAFE Kids Paxie Band Technologies, Inc., [200 Park Avenue South, Suite 915, New York, NY 10003].

CONTEST PERIOD; ENTRY METHODS: The #SAFE Kids Paxie BandKids Contest (the “Contest”) begins on Wednesday, November 12, 2014 at [6:00:00 PM Eastern Time (ET)] and ends at 6:00:00 PM ET on Wednesday, November 19, 2014 (the “Contest Period”).  During the Contest Period, entrants must:  Enter the Contest via YouTube, Vine or Instagram by submitting an original video or photo (“Video or Photo”) of kids being kids (“Theme”), and include the hashtag: #SAFE Kids Paxie BandKids. Entries need to be publicly viewable to be considered eligible.

To enter via one of the following methods, you must:

Via Facebook: Go to Sponsor’s page on Facebook, located at www.facebook.com/mySAFE Kids Paxie Band(“Sponsor’s Facebook Page”), and follow the links and instructions to enter. Complete the online entry form (including your name and email address), upload your Video or Photo with a caption and the hashtag #SAFE Kids Paxie BandKids, and click the “submit” button. You must have a Facebook account to enter via this method.  Facebook accounts are free.  You may set up a Facebook account by following the onscreen instructions to register for a Facebook account at www.facebook.com. You will be asked to provide your first and last name and email address and to set up a user name and password. You agree to comply with all applicable Facebook rules, policies and procedures.

Via Twitter: Once logged into your Twitter account, tweet the Video with the caption and the hashtag #SAFE Kids Paxie BandKids.  Your tweet must include the hashtag #SAFE Kids Paxie BandKids. You must be an active holder of a non-private Twitter account to be eligible to enter this Contest via Twitter (i.e., you must make sure your tweets are set to “public” and not “private”). You must have a Twitter account to enter via this method.  Twitter accounts are free.  You may set up a Twitter account by following the onscreen instructions to register for a Twitter account at www.twitter.com. You will be asked to provide your first and last name and email address and to set up a user name and password. You agree to comply with all applicable Twitter rules, policies and procedures.

Via Instagram: Access the Instagram application on your mobile device ("Device"), and follow the links and instructions.  Post the Video or Photo with the caption and the hashtag #SAFE Kids Paxie BandKids. You must make sure the “Videos or Photos Are Private” option in the account settings on your Instagram account are set to “OFF”.   If you do not have the Instagram application, you may download it through the application store on your Device. The Instagram application is free. You may set up an Instagram account by following the onscreen instructions to register for an Instagram account at http://help.instagram.com/182492381886913. You will be asked to provide your first and last name and email address and to set up a user name and password. You agree to comply with all applicable Instagram rules, policies and procedures.

If you choose to enter via Facebook, Twitter or Instagram using your mobile phone, standard data fees may apply.  You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your Device's features for capabilities and check the Device manual for specific use instructions.

All entry information, Videos, posts and tweets shall be collectively referred to herein as the “Submissions” or each as a “Submission.”  Submissions must comply with the Submission Requirements defined below.  

By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time.  Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.  

Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.  Further, by providing a Submission, entrant consents to Submission being cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  If requested, the entrant will sign any additional documentation for the Sponsor , its licensees, successors, assigns or its designees to make use of the non-exclusive rights the entrant is granting to use the Submission.  

Limit one (1) Submission per day per Facebook/Twitter/Instagram account of the Contest Period regardless of method of entry. Entrants are not permitted to submit a Submission more than once during the Contest Period and duplicate Submissions by the same person will be subject to disqualification. [Each day of the Contest Period will begin at 12:00:00 am ET and end at 11:59:59 pm ET (except for the first day which begins at 6:00:00 PM ET).]All terms and conditions of Facebook.com, Twitter.com and Instagram.com apply.  Multiple entrants are not permitted to share the same Facebook, Twitter or Instagram account.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Facebook, Twitter or Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any Facebook, Twitter or Instagram account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Each potential winner may be required to show proof of being the authorized account holder.

3. SUBMISSION REQUIREMENTS: By entering, each entrant agrees that entrant’s Submission conforms to the Submission Restrictions as defined below and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that entrant’s Submission fails to conform to the Submission Restrictions.  

Video or Photo must not exceed 50 MB in size.

Video or Photo can be in any file format.

High-quality, clear Videos or Photos are strongly suggested.

All entries must use the hashtag “#SAFE Kids Paxie BandKids”.

Video or Photo must illustrate the Theme.

Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.

Entry cannot promote alcohol, illegal drugs or tobacco.

Entry cannot defame, misrepresent or contain disparaging remarks about people or companies.

Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.

Entry cannot contain materials embodying copyrighted images, names, likenesses, photographs or other indicia identifying any person, living or dead, without permission.

Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.

Entry cannot depict illegal activity and cannot itself be in violation of any law.

Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.

Entry may not include photo images of or references to a known celebrity, famous or well-known person or any image or reference which violates the right of privacy or publicity of any person.

Sponsor reserves the right in their sole and absolute discretion to reject, disqualify and/or remove any Submission , including any Video or Photo, that violates these Official Rules without any notification or warning.

All entrants must have a valid email address and Facebook/Instagram/Twitter account.  By entering, each entrant warrants and represents that he/she has complied with Facebook.com terms of service (https://www.facebook.com/legal/terms /), Instagram.com terms of service (http://instagram.com/legal/terms/) and Twitter.com terms of service (https://twitter.com/tos).  No automated entry devices and/or programs permitted.  All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entries are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

ELIGIBILITY: The Contest is open only to legal residents of the fifty United States and the District of Columbia, who are at least 18 years or older in their state of residence on the date of entry. Employees, contractors, directors, and officers of Sponsor, its parent company, subsidiaries and affiliated or related companies, distributors, advertising, fulfillment, and promotion agencies involved in the administration, development, fulfillment and execution of this Contest and the immediate family members of each (spouse, parent, child, sibling, grandparent, and/or “step” of each, regardless of where they live) and those living in their same households (whether related or not) are ineligible for participation. You are not authorized to participate in the Contest if you are not located within the fifty United States or the District of Columbia.  All federal, state and local laws and regulations apply.

PUBLIC VOTING/JUDGING CRITERIA: To vote on a Submission, from Wednesday, November 12, 2014 at [6:00:00 PM Eastern Time (ET) until 6:00:00 PM ET] on Thursday, November 20, 2014 (the “Voting Period”), go to the Sponsor’s Facebook Page to view the entries.  All Submissions will be judged based on the following equally-weighted judging criteria: (a) Fun, (b) Relevance and (c) Quality (“Judging Criteria”).   You should evaluate the Submissions based on the Judging Criteria to the best of your ability.  You may only vote for one Submissionper day per Facebook/Twitter/Instagram account. At the conclusion of the Voting Period, the Submissions with the highest number of votes, as determined by Sponsor in its sole and absolute discretion, will be announced as winners, subject to compliance with these Official Rules and Sponsor verification.  In the event of a tie, the potential winner will be selected from amongst the tying Submissions by Sponsor based on the highest score on the Fun element of the Judging Criteria, in Sponsor’s sole discretion. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including vote-farming, vote-exchanges, offering prizes or other inducements to members of public, as determined by Sponsor, in its sole discretion and Sponsor reserves the right to nullify any and all such votes and to disqualify from Contest the responsible entrant.   Only valid votes received by Sponsor will count towards entrant’s Voting Period score.  Further, Sponsor reserves the right not to award any prizes in the event an insufficient number of eligible entries meeting the minimum Judging Criteria are received, as determined by Sponsor in its sole discretion.

WINNER SELECTION; PRIZE: The prize is a SAFE Kids Paxie Band 2 device.  The SAFE Kids Paxie Band 2 prize does not include the monthly AT&T data plan of $10 per month. Approximate retail value (“ARV”) of the prize: $149.99.  ARV of all prizes combined: $149.99.  Winner will announced on or about November 20, 2014. Winners must accept the prize as stated. Prize cannot be substituted, transferred or exchanged or surrendered for cash, except at the sole and absolute discretion of the Sponsor which will be of equal or greater value. Unclaimed prizes will not be awarded. Allow up to two (2) weeks to receive prize. Entrant’s emails will be used for contacting the winner of the Contest and email marketing purposes. You will be able to unsubscribe from email communication at any time. All taxes and unspecified expenses are the responsibility of winner.

NOTIFICATION:  Potential winners will be notified on or about November 20, 2014 and may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) days of receipt.  Additionally, winners may be required to obtain releases from any and all third parties appearing in their respective Submissions.  If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian.  If a Facebook entrant is a potential winner, he/she will be notified by email to the email address provided to Sponsor at registration. If a Twitter entrant is a potential winner, he/she will be notified by a Twitter direct message (note: in order to receive such direct message, potential winner has to (a) be following Sponsor’s Twitter Page and (b) may have to have his/her Tweet Privacy settings “unchecked”).  If an Instagram entrant is a potential winner, he/she will be notified by Sponsor posting a comment to the potential winner’s entry on the potential winner’s Instagram account and potential winner will be required to email Sponsor within five (5) calendar days in order to claim their prize. If any winner cannot be contacted by or respond to Sponsor within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.  

GENERAL: By participating, you consent to the use of your Facebook, Twitter or Instagram account name, first and last name, photo, portrait, voice, and other likeness, and Submission for advertising, promotion, and publicity purposes related to the Contest without additional compensation, unless prohibited by law. Sponsor reserves the right, to disqualify any individual who tampers with the Contest or any related electronic system. By participating in the Contest, you release and agree to hold harmless the Sponsor, Facebook, Inc., Instagram Inc., Twitter Inc., and their respective parent companies, affiliates or related companies, directors, employees, officers and agents, including without limitation, advertising/promotion agencies (collectively, “Released Entities”) from any and all liability, injury, loss, or damage of any kind, including but not limited to personal injury or death, arising from or in connection with participation in the Contest, or the awarding, receipt, possession, use or misuse of any prize and/or with respect to participation in any prize-related activity. Sponsor is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications-line failure, theft, or destruction or unauthorized access of the Web site; or downloading materials from or use of the Web site.

WARRANTIES AND CONSENTS: By submitting an Submission, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Official Rules, (ii) based on the Official Rules, you are eligible to participate in the Contest, and (iii) all of the information provided as part of your Submission is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Official Rules by Sponsor, which are final in all matters relating to the Contest.

ADDITIONAL TERMS: Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site.  Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE ANY SITES ASSOCIATED WITH THE CONTEST, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS"  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.  The parties agree not to raise the defense of forum non conveniens.

10. USE OF DATA:  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review Sponsor’s privacy policy at [/legal/privacy].  By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.  

11. WINNERS’ LIST: To obtain a winners’ list, send a self-addressed, stamped envelope by [ ] 2014 to: SAFE Kids Paxie Band Technologies, Inc., 200 Park Ave South, Suite 915, New York, NY 10003.

Subject only to rights in your Personal Data, all entries become the property of Sponsor and will not be returned or acknowledged.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER OR INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK, TWITTER OR INSTAGRAM.

The “#SAFE Kids Paxie BandHoliday” Pin2Win Sweepstakes (12/4/14-12/24/14)

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Sweepstakes may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the United States.
1. How to Enter. To enter the #SAFE Kids Paxie BandHoliday Pin2Win Sweepstakes (“Sweepstakes”), log onto the Facebook page of SAFE Kids Paxie Band Technologies, Inc. (“Sponsor”), click on the Sweepstakes Tab and follow the directions to enter the Sweepstakes. An entrant receives one entry into the Sweepstakes by either (a) providing the requested information, including entrant’s name and email address, and pinning an image (“Image”) onto entrant’s Pinterest board from the Sponsor’s pre-selected group of images or (b) simply by providing the requested information, including entrant’s name and email address. Limit one (1) entry per Facebook user per day by the foregoing method.

Entrants may also separately receive bonus entries by sharing entrant’s entry on their Facebook page. For each Facebook Friend that clicks on the URL included in the “share” option, an entrant receives a bonus entry. Bonus entries are unlimited.

You must have a Facebook account to enter. Facebook accounts are free. You may set up a Facebook account by following the onscreen instructions to register for a Facebook account at www.facebook.com. You will be asked to provide your first and last name and email address and to set up a user name and password. You agree to comply with all applicable Facebook rules, policies and procedures.

If you do not have a Pinterest account, visit http://www.pinterest.com to request an invitation to register for a free account. There is no cost to create a Pinterest account. There may be a waiting period in between when you request membership and when you are issued an invitation.

All entry information and submissions shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Sponsor reserves the right to cancel or modify this Sweepstakes in the event an insufficient number of entries are received.

All entrants must have a valid email address and Facebook account. Entries are cumulative so at the end of each Sweepstakes Period (defined below) when a winner has been selected all entries from that Sweepstakes Period (and any of the preceding Sweepstakes Periods, if applicable, in the Sweepstakes Term (defined below)) are maintained and are considered eligible entries for the next Sweepstakes Period. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

2. Start/End Dates. Sweepstakes begins at 8:00:00 PM EST on December 4, 2014 and ends at 8:00:00 PM EST on December 24, 2014 (the “Sweepstakes Term”) with each of the following periods, a Sweepstakes period (“Sweepstakes Period”): December 4 until 6:00:00 PM EST on December 10, December 11 until 6:00:00 PM EST on December 17, December 18 until 8:00:00 PM EST on December 24.
3. Eligibility. Participation open only to legal residents of the fifty United States or the District of Columbia who are at least 18 years old as of date of entry. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Sweepstakes if you are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply.
4. Random Drawing/Odds. Winners will be selected in a random drawing from all eligible entries received for the Sweepstakes Term with such drawings to occur on or about December 10, 17 and 24. Odds of winning depend on the cumulative number of eligible entries received up to the end of each Sweepstakes Period. Drawing will be conducted by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.
5. Prizes. Three (3) prizes will be awarded. The winners will receive a $50.00 Toys R Us gift card. Approximate retail value (“ARV”) of prize: $50.00. Total ARV of all prizes combined: $150.00. Gift card terms and conditions apply. Prize(s) is/are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All unspecified expenses are the responsibility of winner(s).

6. Notification. Winners will be notified by email on or about two (2) days following the completion of a Sweepstakes Period and may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) calendar days of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household.

7. Conditions. Sponsor shall not be liable or responsible in the event any winner’s Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, its partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

8. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
11. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at /legal/privacy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
12. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by February 24, 2015 to: SAFE Kids Paxie Band Technologies, Inc., 200 Park Ave South, Suite 915, New York, NY 10003.
13. Sponsor. SAFE Kids Paxie Band Technologies, Inc., 200 Park Avenue South, Suite 915, New York, NY 10003.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTRATED BY, OR ASSOCIATED WITH, FACEBOOK® OR PINTEREST®.

The “What is a SAFE Kids Paxie Band? #SAFE Kids Paxie BandVideo Contest” (12/12/14-1/2/15)

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  This Contest is governed exclusively by the laws of the United States.  You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia.  

SPONSOR: The sponsor of this Contest is SAFE Kids Paxie Band Technologies, Inc., [200 Park Avenue South, Suite 915, New York, NY 10003].

CONTEST PERIOD; ENTRY METHODS: The What is a #SAFE Kids Paxie BandVideo Contest (the “Contest”) begins on Friday, December 12, 2014 at [6:00:00 PM Eastern Time (ET)] and ends at 6:00:00 PM ET on Thursday, January 30, 2015 (the “Contest Period”). During the Contest Period, entrants must: Enter the Contest via YouTube, Vine or Instagram by submitting an original video (“Video”) answering the question “What is a SAFE Kids Paxie Band?” (“Theme”), and include the hashtag: #SAFE Kids Paxie BandVideo. Entries need to be publicly viewable to be considered eligible.

To enter via one of the following methods, you must:

Via Facebook: Go to Sponsor’s page on Facebook, located at www.facebook.com/mySAFE Kids Paxie Band(“Sponsor’s Facebook Page”), and follow the links and instructions to enter. Complete the online entry form (including your name and email address), upload your Video with a caption and the hashtag #SAFE Kids Paxie BandVideo, and click the “submit” button. You must have a Facebook account to enter via this method.  Facebook accounts are free.  You may set up a Facebook account by following the onscreen instructions to register for a Facebook account at www.facebook.com. You will be asked to provide your first and last name and email address and to set up a username and password. You agree to comply with all applicable Facebook rules, policies and procedures.

Via Twitter: Once logged into your Twitter account, tweet the Video with the caption and the hashtag #SAFE Kids Paxie BandVideo.  Your tweet must include the hashtag #SAFE Kids Paxie BandVideo. You must be an active holder of a non-private Twitter account to be eligible to enter this Contest via Twitter (i.e., you must make sure your tweets are set to “public” and not “private”). You must have a Twitter account to enter via this method.  Twitter accounts are free.  You may set up a Twitter account by following the onscreen instructions to register for a Twitter account at www.twitter.com. You will be asked to provide your first and last name and email address and to set up a username and password. You agree to comply with all applicable Twitter rules, policies and procedures.

Via Instagram: Access the Instagram application on your mobile device ("Device"), and follow the links and instructions.  Post the Video with the caption and the hashtag #SAFE Kids Paxie BandVideo. You must make sure the “Videos Are Private” option in the account settings on your Instagram account are set to “OFF”.   If you do not have the Instagram application, you may download it through the application store on your Device. The Instagram application is free. You may set up an Instagram account by following the onscreen instructions to register for an Instagram account at http://help.instagram.com/182492381886913. You will be asked to provide your first and last name and email address and to set up a user name and password. You agree to comply with all applicable Instagram rules, policies and procedures.

If you choose to enter via Facebook, Twitter or Instagram using your mobile phone, standard data fees may apply.  You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your Device's features for capabilities and check the Device manual for specific use instructions.

All entry information, Videos, posts and tweets shall be collectively referred to herein as the “Submissions” or each as a “Submission.”  Submissions must comply with the Submission Requirements defined below.  

By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time.  Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.  

Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.  Further, by providing a Submission, entrant consents to Submission being cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  If requested, the entrant will sign any additional documentation for the Sponsor , its licensees, successors, assigns or its designees to make use of the non-exclusive rights the entrant is granting to use the Submission.  

Limit one (1) Submission per day per Facebook/Twitter/Instagram account of the Contest Period regardless of method of entry. Entrants are not permitted to submit a Submission more than once during the Contest Period and duplicate Submissions by the same person will be subject to disqualification. [Each day of the Contest Period will begin at 12:00:00 am ET and end at 11:59:59 pm ET (except for the first day which begins at 6:00:00 PM ET).]All terms and conditions of Facebook.com, Twitter.com and Instagram.com apply.  Multiple entrants are not permitted to share the same Facebook, Twitter or Instagram account.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Facebook, Twitter or Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any Facebook, Twitter or Instagram account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Each potential winner may be required to show proof of being the authorized account holder.

3. SUBMISSION REQUIREMENTS: By entering, each entrant agrees that entrant’s Submission conforms to the Submission Restrictions as defined below and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that entrant’s Submission fails to conform to the Submission Restrictions.  

Video must not exceed 50 MB in size.

Video can be in any file format.

High-quality, clear Videos are strongly suggested.

All entries must use the hashtag “#SAFE Kids Paxie BandVideo”.

Video must illustrate the Theme.

Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.

Entry cannot promote alcohol, illegal drugs or tobacco.

Entry cannot defame, misrepresent or contain disparaging remarks about people or companies.

Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.

Entry cannot contain materials embodying copyrighted images, names, likenesses, photographs or other indicia identifying any person, living or dead, without permission.

Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.

Entry cannot depict illegal activity and cannot itself be in violation of any law.

Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.

Entry may not include photo images of or references to a known celebrity, famous or well-known person or any image or reference which violates the right of privacy or publicity of any person.

Sponsor reserves the right in their sole and absolute discretion to reject, disqualify and/or remove any Submission , including any Video, that violates these Official Rules without any notification or warning.

All entrants must have a valid email address and Facebook/Instagram/Twitter account.  By entering, each entrant warrants and represents that he/she has complied with Facebook.com terms of service (https://www.facebook.com/legal/terms /), Instagram.com terms of service (http://instagram.com/legal/terms/) and Twitter.com terms of service (https://twitter.com/tos).  No automated entry devices and/or programs permitted.  All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entries are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

ELIGIBILITY: The Contest is open only to legal residents of the fifty United States and the District of Columbia, who are at least 18 years or older in their state of residence on the date of entry. Employees, contractors, directors, and officers of Sponsor, its parent company, subsidiaries and affiliated or related companies, distributors, advertising, fulfillment, and promotion agencies involved in the administration, development, fulfillment and execution of this Contest and the immediate family members of each (spouse, parent, child, sibling, grandparent, and/or “step” of each, regardless of where they live) and those living in their same households (whether related or not) are ineligible for participation. You are not authorized to participate in the Contest if you are not located within the fifty United States or the District of Columbia.  All federal, state and local laws and regulations apply.

PUBLIC VOTING/JUDGING CRITERIA: To vote on a Submission, from Friday, December 12, 2014 at [6:00:00 PM Eastern Time (ET) until 6:00:00 PM ET] on Friday, January 30, 2014 (the “Voting Period”), go to the Sponsor’s Facebook Page to view the entries.  All Submissions will be judged based on the following equally-weighted judging criteria: (a) Fun, (b) Relevance and (c) Quality (“Judging Criteria”).   You should evaluate the Submissions based on the Judging Criteria to the best of your ability.  You may only vote for one Submissionper day per Facebook/Twitter/Instagram account. At the conclusion of the Voting Period, the Submissions with the highest number of votes, as determined by Sponsor in its sole and absolute discretion, will be announced as winners, subject to compliance with these Official Rules and Sponsor verification.  In the event of a tie, the potential winner will be selected from amongst the tying Submissions by Sponsor based on the highest score on the Fun element of the Judging Criteria, in Sponsor’s sole discretion. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including vote-farming, vote-exchanges, offering prizes or other inducements to members of public, as determined by Sponsor, in its sole discretion and Sponsor reserves the right to nullify any and all such votes and to disqualify from Contest the responsible entrant.   Only valid votes received by Sponsor will count towards entrant’s Voting Period score.  Further, Sponsor reserves the right not to award any prizes in the event an insufficient number of eligible entries meeting the minimum Judging Criteria are received, as determined by Sponsor in its sole discretion.

WINNER SELECTION; PRIZE: The prize is a SAFE Kids Paxie Band 2 device.  The SAFE Kids Paxie Band 2 prize does not include the monthly AT&T data plan of $10 per month. Approximate retail value (“ARV”) of the prize: $149.99.  ARV of all prizes combined: $149.99.  Winner will announced on or about January 30, 2015. Winners must accept the prize as stated. Prize cannot be substituted, transferred or exchanged or surrendered for cash, except at the sole and absolute discretion of the Sponsor which will be of equal or greater value. Unclaimed prizes will not be awarded. Allow up to two (2) weeks to receive prize. Entrant’s emails will be used for contacting the winner of the Contest and email marketing purposes. You will be able to unsubscribe from email communication at any time. All taxes and unspecified expenses are the responsibility of winner.

NOTIFICATION:  Potential winners will be notified on or about January 30, 2015 and may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) days of receipt.  Additionally, winners may be required to obtain releases from any and all third parties appearing in their respective Submissions.  If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian.  If a Facebook entrant is a potential winner, he/she will be notified by email to the email address provided to Sponsor at registration. If a Twitter entrant is a potential winner, he/she will be notified by a Twitter direct message (note: in order to receive such direct message, potential winner has to (a) be following Sponsor’s Twitter Page and (b) may have to have his/her Tweet Privacy settings “unchecked”).  If an Instagram entrant is a potential winner, he/she will be notified by Sponsor posting a comment to the potential winner’s entry on the potential winner’s Instagram account and potential winner will be required to email Sponsor within five (5) calendar days in order to claim their prize. If any winner cannot be contacted by or respond to Sponsor within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.  

GENERAL: By participating, you consent to the use of your Facebook, Twitter or Instagram account name, first and last name, photo, portrait, voice, and other likeness, and Submission for advertising, promotion, and publicity purposes related to the Contest without additional compensation, unless prohibited by law. Sponsor reserves the right, to disqualify any individual who tampers with the Contest or any related electronic system. By participating in the Contest, you release and agree to hold harmless the Sponsor, Facebook, Inc., Instagram Inc., Twitter Inc., and their respective parent companies, affiliates or related companies, directors, employees, officers and agents, including without limitation, advertising/promotion agencies (collectively, “Released Entities”) from any and all liability, injury, loss, or damage of any kind, including but not limited to personal injury or death, arising from or in connection with participation in the Contest, or the awarding, receipt, possession, use or misuse of any prize and/or with respect to participation in any prize-related activity. Sponsor is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications-line failure, theft, or destruction or unauthorized access of the Web site; or downloading materials from or use of the Web site.

WARRANTIES AND CONSENTS: By submitting an Submission, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Official Rules, (ii) based on the Official Rules, you are eligible to participate in the Contest, and (iii) all of the information provided as part of your Submission is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Official Rules by Sponsor, which are final in all matters relating to the Contest.

ADDITIONAL TERMS: Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site.  Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE ANY SITES ASSOCIATED WITH THE CONTEST, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS"  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.  The parties agree not to raise the defense of forum non conveniens.

10. USE OF DATA:  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review Sponsor’s privacy policy at [/legal/privacy].  By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.  

11. WINNERS’ LIST: To obtain a winners’ list, send a self-addressed, stamped envelope by [ ] 2014 to: SAFE Kids Paxie Band Technologies, Inc., 200 Park Ave South, Suite 915, New York, NY 10003.

Subject only to rights in your Personal Data, all entries become the property of Sponsor and will not be returned or acknowledged.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER OR INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK, TWITTER OR INSTAGRAM.