2013 American Baby Cover Photo Contest
Void outside the 50 United States, District of Columbia and where prohibited. Do not proceed to enter if you are not at least 18 years of age and a legal resident of, and located within, one of the 50 United States, or the District of Columbia, at the time of entry and a parent or legal guardian of a child born on or after September 1, 2011 and who is depicted in the entry photo submitted. By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this contest.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
CONTEST PERIOD: The 2013 American Baby Cover Photo Contest ("Contest") begins at 11:00 a.m. Eastern Time ("E.T.") on September 2, 2012 and ends at 11:59 p.m. E.T. on November 10, 2012 ("Contest Period").
SPONSOR: Meredith Corporation, 1716 Locust St., Des Moines, Iowa ("Sponsor").
HOW TO ENTER: During the Contest Period, there are two (2) ways to enter.
1. Facebook Entry: Visit www.facebook.com/americanbabymag and click the American Baby Cover Contest tab. Then, follow the directions provided to complete the registration form and upload one (1) current photo of your child between the ages of newborn and twelve (12) months as of the date of entry. You must be the parent or the legal guardian of the child depicted in the submitted photo.
2. Mobile Entry: Using a web-enabled mobile phone, visit www.parents.com/abcover and follow the directions to complete the registration form and upload one (1) current photo of your child between the ages of newborn and twelve (12) months as of the date of entry. You must be the parent or the legal guardian of the child depicted in the submitted photo.
Photo and registration form shall collectively be referred to as an "Entry". All Entries are final upon submission. Entering the Contest will automatically register entrant at parents.com if entrant has not already registered. Entries generated by script, macro or other automated means or practices, or by any means which subvert the entry process will be void. All Entries must be submitted by 11:59 p.m. E.T. on November 10, 2012 to be eligible. All Entries become the property of Sponsor and will not be returned.
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
• is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
• is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
• defames, misrepresents or contains disparaging remarks about other people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
• contains look-alikes of celebrities or other public or private figures, living or dead;
• communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
• violates any law.
Entry must be the original, unprofessional work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these official rules, including, without limitation, name and likeness permissions from any person (other than you and your child) who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Sponsor reserves the right, in its sole discretion, to verify any element of any Entry or related materials and to disqualify any entrant whose participation may subject the Contest, Sponsor, or Sponsor's advertisers, clients, or customers to controversy, negative publicity, scorn, or ridicule.
By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify your Entry for any reason, including if it determines, in its sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted at http://photos.parents.com or other websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and reserve the right to remove any posted Entry at any time whatsoever and/or for any reason. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. ("FACEBOOK"). YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK. THE INFORMATION YOU PROVIDE WILL BE USED TO ADMINISTER THE CONTEST AND TO REGISTER YOU AS A MEMBER OF THE PARENTS FAMILY OF WEBSITES IF YOU ARE NOT ALREADY REGISTERED.
LIMIT: One (1) Entry per person and per eligible child per household throughout the Contest Period. For entrants who are the parent or legal guardian of more than one (1) eligible child, the entry process must be completed separately for each eligible child. No group Entries. Entries received from any person, email address and/or Facebook account in excess of the above-stated limitation will be void. You may only use one (1) email address to enter this Contest.
ELIGIBILITY: This Contest is open to legal residents of the 50 United States, and the District of Columbia, 18 years of age or older, who are the parents or legal guardians of a child born on or after September 1, 2011 and depicted in the Entry photo submitted. Employees of Sponsor, Jarden Corporation and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest and/or their respective parents, agents, affiliates, subsidiaries, and advertising and promotion agencies, and their immediate family members (regardless of where they reside) or household members, whether or not related. "Immediate family members" shall mean spouses, parents, step-parents, children, step-children, siblings, step-siblings, and their respective spouses. "Household members" shall mean people who share the same residence at least three months a year.
First Round: On or about November 29, 2012, a panel of qualified judges selected by Sponsor, in its sole discretion, will judge all eligible Entries received based on the following criteria: overall appearance of the child as shown in the photo (34%), personality of child as expressed through the photo (33%) and quality of photo (33%). The ten (10) Entries with the highest scores will be deemed the Semi-finalists and will advance to the Second Round. Sponsor reserves the right to select fewer than ten (10) Semi-finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. On or about November 30, 2012, potential Semi-finalists will be notified by email and/or telephone to confirm compliance with eligibility requirements and will be required to submit by email by December 5, 2012 at 11:59 p.m. C.T., five (5), additional non-professional photos taken between November 30, 2012 and December 5,2012 of the child depicted in the Semi-finalist Entry. If such photos are not submitted within the specified time period, Semi-finalist notification is returned as undeliverable, Sponsor is unable to contact a Semi-finalist or a Semi-finalist is not in compliance with these Official Rules, an alternate Semi-finalist may be notified, at Sponsor's sole discretion.
Second Round: On or about December 11, 2012, a qualified panel of judges selected by Sponsor, in its sole discretion, will judge the five (5) additional photos submitted by the ten (10) Semi-finalists based on the judging criteria detailed above. The five (5) Semi-Finalists with the highest scores will be deemed the potential Finalists and will advance to the Third Round.
If a tie occurs in the First Round or Second Round, the Entry from among the tied Entries having the highest score in the criterion of overall appearance of child will be deemed a Semi-finalist or Finalist. Decisions of judges are final and binding in all respects.
The five (5) potential Finalists will be notified by email, mail and/or telephone on or about December 12, 2012. Potential Finalists will be required to complete and return an Affidavit of Eligibility/Ownership, IRS W9 form, License of Work and Release of Liability/Publicity within ten (10) days of date of notification or an alternate potential Finalist may be selected. If such documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, Sponsor is unable to contact any potential Finalist or any potential Finalist is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor's discretion, an alternate Finalist may be selected. To be eligible as a Finalist, each Finalist will be required to travel to New York for an American Baby magazine photo shoot (travel provided by Sponsor as part of Contest prize – see Prizes section below for details), departing on or about January 24, 2013, and returning on or about January 26, 2013. Dates are subject to change at Sponsor's sole discretion. Failure to attend the photo shoot and/or travel on specified dates for any reason will result in disqualification of Finalist. Sponsor, in its sole discretion, may disqualify a Finalist for any reason, including without limitation, behavior of Finalist at the photo shoot.
Third Round: On or about February 21, 2013, a panel of qualified judges selected by Sponsor in its sole discretion will judge the Finalists' photo shoot photos based on the following criteria: appearance of child as shown in the photos from the photo shoot (50%) and personality of child as expressed through the photos from the photo shoot (50%). The one (1) Finalist with the highest total score will be deemed the Grand Prize Winner. In the event of a tie, an additional, tie-breaking judge will judge the photos of the tied Finalists from the photo shoot based on the Third Round judging criteria to select the Grand Prize Winner.
READERS' CHOICE WEEKLY WINNER SELECTION: The Contest Period is divided into ten (10) Readers' Choice weekly entry periods (each, a "Weekly Entry Period") and ten (10) Readers' Choice weekly voting periods (each, a "Voting Period") as detailed below. During each Weekly Entry Period, all eligible Entries received throughout the applicable Weekly Entry Period will be posted at the American Baby/Parents Photo Faves photo gallery at http://photos.parents.com. The one (1) Entry with the highest total number of votes during a Voting Period will be deemed the potential Readers' Choice Weekly Winner for the applicable Weekly Entry Period. In the event of a tie among Entries with the highest total number of votes during a Voting Period, a qualified panel of judges will determine the applicable Readers' Choice Weekly Winner from among the tied Entries for the applicable Weekly Entry Period based on the photogenic appeal of the child. Each entrant will receive an email notification at the start of the applicable Voting Period in which his/her Entry will be posted in the Photo Faves gallery and provided with a specific URL link to the voting page for his/her Entry. The general public will also be invited to register at www.americanbaby.com and vote for their favorite Entry. Limit one (1) vote per person and per email address per day throughout each Voting Period. There will be ten (10) total Readers' Choice Weekly Winners. VOTE COUNTS OR RANKINGS DISPLAYED ONLINE MAY NOT BE ACCURATE. RESULTS ARE UNOFFICIAL UNTIL ALL ONLINE VOTES HAVE BEEN TALLIED AND VERIFIED BY SPONSOR.
Readers' Choice Photo Faves Weekly Entry Periods and Voting Periods:
Weekly Entry Period 1: For Contest Entries submitted between 11:00 a.m. E.T. on 9/2/2012 and 11:59 p.m. E.T. on 9/8/2012, the Photo Faves Voting Period 1 begins 9/10/2012 at 7:00 a.m. E.T. and ends 9/16/2012 at 11:59 p.m. E.T.
Weekly Entry Period 2: For Contest Entries submitted between 12:00 a.m. E.T. on 9/9/2012 and 9/15/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 2 begins 9/17/2012 at 7:00 a.m. E.T. and ends 9/23/2012 at 11:59 p.m. E.T.
Weekly Entry Period 3: For Contest Entries submitted between 12:00 a.m. E.T. on 9/16/2012 and 9/22/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 3 begins 9/24/2012 at 7:00 a.m. E.T. and ends 9/30/2012 at 11:59 p.m. E.T.
Weekly Entry Period 4: For Contest Entries submitted between 12:00 a.m. E.T. on 9/23/2012 and 9/29/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 4 begins 10/1/2012 at 7:00 a.m. E.T. and ends 10/7/2012 at 11:59 p.m. E.T.
Weekly Entry Period 5: For Contest Entries submitted between 12:00 a.m. E.T. on 9/30/2012 and 10/06/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 5 begins 10/8/2012 at 7:00 a.m. E.T. and ends 10/14/2012 at 11:59 p.m. E.T.
Weekly Entry Period 6: For Contest Entries submitted between 12:00 a.m. E.T. on 10/7/2012 and 10/13/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 6 begins 10/15/2012 at 7:00 a.m. E.T. and ends 10/21/2012 at 11:59 p.m. E.T.
Weekly Entry Period 7: For Contest Entries submitted between 12:00 a.m. E.T. on 10/14/2012 and 10/20/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 7 begins 10/22/2012 at 7:00 a.m. E.T. and ends 10/28/2012 at 11:59 p.m. E.T.
Weekly Entry Period 8: For Contest Entries submitted between 12:00 a.m. E.T. on 10/21/2012 and 10/27/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 8 begins 10/29/2012 at 7:00 a.m. E.T. and ends 11/4/2012 at 11:59 p.m. E.T.
Weekly Entry Period 9: For Contest Entries submitted between 12:00 a.m. E.T. on 10/28/2012 and 11/3/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 9 begins 11/5/2012 at 7:00 a.m. E.T. and ends 11/11/2012 at 11:59 p.m. E.T.
Weekly Entry Period 10: For Contest Entries submitted between 12:00 a.m. E.T. on 11/4/2012 and 11/10/2012 at 11:59 p.m. E.T., the Photo Faves Voting Period 10 begins 11/12/2012 at 7:00 a.m. E.T. and ends 11/18/2012 at 11:59 p.m. E.T.
WINNER NOTIFICATION: Potential Readers' Choice Weekly Winners will be notified via email, phone and/or mail and may be required to complete and return an Affidavit of Eligibility/Ownership, IRS W9 form, License of Work and Release of Liability/Publicity within ten (10) days of date of notification or a runner-up for the applicable Weekly Entry Period may be notified. If such documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, Sponsor is unable to contact any potential Readers' Choice Weekly Winner or any potential Readers' Choice Weekly Winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor's discretion, a runner-up for the applicable Weekly Entry Period may be notified.
PRIZES (16): Readers' Choice Weekly Winner Prizes (10): $250 American Express gift cards. Gift cards are subject to issuer restrictions.
Photo Contest Finalist Prizes (5): A photo shoot prize package, consisting of a trip package for Finalist and the one (1) child depicted in the Finalist Entry to an American Baby photo shoot in January 2013, including (i) round-trip coach-class air transportation for Finalist and the one (1) child depicted in the Finalist Entry from a major U.S. airport nearest Finalist's home (determined by Sponsor in its sole discretion) to New York, NY; (ii) ground transportation to/from airport/hotel/photo shoot location; (iii) three (3) days and two (2) nights standard hotel accommodations at a hotel of Sponsor's choice (one (1) room, double occupancy); (iv) American Baby photo shoot for child depicted in Finalist Entry; (v) a daily stipend of $150.00 which may be used for food and miscellaneous expenses while in New York City (for three (3) days); (vi) a $1,000 check; and a (vii) NUK gift basket including one (1) pacifier, one (1) bottle and one (1) learner cup. Total approximate retail value ("ARV") of Finalist Prize: $4,318.00.
Finalist and the child depicted in the Entry must be available to travel from January 24, 2013 to January 26, 2013. Dates are subject to change at Sponsor's sole discretion. Actual value of Finalist Prize, including without limitation air transportation and hotel accommodations, may vary depending on point of departure and existing rates at time of booking and travel. If actual value is less than stated ARV, neither the difference in value nor any additional compensation will be awarded. In the event that a prize component is not available for any reason, the remaining elements of the prize shall constitute full satisfaction of Sponsor's prize obligation to Finalist and no additional compensation will be awarded. Travel must be completed on dates selected by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such Finalist. Finalist and child must travel together on the same itinerary and Finalist is responsible for obtaining any necessary documentation for himself/herself and child (e.g. valid photo ID, passport, visa) prior to travel. Finalist must accompany child at all times during trip. All reservations and travel arrangements must be made through Sponsor's agent. Finalist is responsible for all applicable federal, state and local taxes, if any, and any other costs and expenses not listed herein as provided, including but not limited to additional meals, gratuities, incidentals, luggage fees, additional ground transportation and souvenirs.
Photo Contest Grand Prize (1): A $100 American Express gift card and the opportunity for the child depicted in the winning Entry to be featured on the cover of a future issue of American Baby magazine; Total ARV of Grand Prize: $100. Gift card is subject to issuer restrictions. Cover feature for the American Baby magazine is subject to Sponsor's sole discretion and is not guaranteed. Cover feature has no retail value, and if this prize component is not available and/or cannot be awarded for any reason, the remaining elements of the prize shall constitute full satisfaction of Sponsor's prize obligation to Grand Prize Winner and no additional compensation will be awarded.
Total ARV of all prizes: $24,190.00
General Prize Conditions: Prizes are awarded "as is" with no warranty or guarantee either express or implied by Sponsor. Winners and/or Finalists may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners and/or Finalists are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor's sole discretion. Released Parties (as defined below) disclaim all and any liability for the actual provision, quality or nature of any prize accepted by the Winners and/or Finalists. The awarding of any prize is contingent upon full compliance with these Official Rules.
LICENSE FOR USE OF ENTRIES: By submitting an Entry, each entrant grants, and represents and warrants that the entrant has the rights and authority necessary to grant, Sponsor an irrevocable, non-exclusive, fully sublicensable license and right to exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the likenesses of any locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a AAA regional office in New York, NY; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages including attorney's fees or any other damages, other than for entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and entrant further waives all rights to have damages multiplied or increased.
RELEASES: By participating in this Contest, entrants agree to release Sponsor, Jarden Corporation, Facebook and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest and each of their respective parents, agents, affiliates, subsidiaries, advertising and promotion agencies, and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss, damage or death arising in any manner, in whole or in part, directly or indirectly, from participation in this Contest and/or acceptance or use of any prize (including any travel/activity related thereto).
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered, garbled or misdirected Entries, photos, emails and/or registrations; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, photos or emails, the announcement of the prizes, the tabulation of votes, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Sponsor reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise in violation of these Official Rules. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify this Contest if the Contest is compromised by virus, technical corruption, non-authorized human intervention, or any other causes which, in the sole discretion of the Sponsor, corrupt or affect the administration, security, fairness, proper play or integrity of the Contest. In the event of cancellation or termination, Sponsor reserves the right to determine the Winner(s) and/or Finalist(s) for the applicable portion of the Contest using the applicable judging criteria and voting processes detailed herein from among all eligible, non-suspect Entries received for the applicable portion of the Contest prior to date of cancellation or termination. In the event of a dispute regarding online entry, Entry will be deemed made by the authorized account holder of the e-mail account associated with the Entry and he/she must comply with these Official Rules. The authorized account holder is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Except where prohibited by law, entry constitutes permission to use each entrant's name, hometown (city and state), voice, biographical information, likeness, photograph and any statements regarding this Contest in all media now known or hereafter discovered, for any purpose, including without limitation, in connection with, and to promote, market or advertise, the Contest, in whole or in part, without review, approval, credit or attribution, notification or payment from or to entrant or any person or entity, worldwide, in perpetuity, or on a winner's list, if applicable. Contest is subject to all applicable U. S. federal, state and local laws and regulations. Finalists will each be issued an IRS 1099-MISC tax form in the amount of the prize retail value.
WINNERS' NAMES: For winners' names, available after April 1, 2013, send a separate, self-addressed, stamped envelope to Winners' List/2013 American Baby Cover Photo Contest; 1716 Locust St., LN-102, Des Moines, IA 50309.