2011 GERBER GENERATION PHOTO SEARCH
TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN THE 2011 GERBER GENERATION PHOTO SEARCH ("SEARCH").
Entry constitutes your acceptance of these Terms and Conditions.
PARTICIPATION DATES & PROMOTION STRUCTURE: Search begins May 16, 2011 at 12:01 AM Pacific Time ("PT") and ends June 30, 2011 at 11:59 PM PT ("Submission Period"). The Submission Period will be followed by a month-long voting period starting at 12:01 AM PT on July 5, 2011 and ending at 11:59 PM PT on July 31, 2011 ("Voting Period"). Six (6) milestone winners and one (1) grand prize winner will be selected at the end of the Search from among all eligible Submissions received during the Submission Period.
WHO MAY PARTICIPATE: Search is open to legal residents of the fifty (50) United States and the District of Columbia who are of legal age of majority in their jurisdiction of residence (and at least 18) and are parents or legal guardians of a child (or children) who is (are) between one (1) day old and forty-eight (48) months old. Children of participants must not be represented by an agent or manager and must not be subject to any guild, union or other organization or agreement that would restrict or prohibit participation in this Search. Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households, whether or not related) of Gerber Products Company ("Promoter"), Facebook, and their respective parents, affiliates, subsidiaries, prize supplier(s), distributors and advertising and promotion agencies (collectively, "Promotional Parties") are not eligible to enter or win. Void where prohibited by law. Search is subject to all applicable federal, state and local laws.
HOW TO PARTICIPATE: During the Submission Period, visit Gerber's Facebook page, accessible through apps.facebook.com/gerberphotosearch or facebook.com/gerber (collectively, the "Website"), click on the Photo Search tab and follow the instructions provided to upload and submit your child(ren)'s photo. Entry into the Search is free. Follow the instructions to upload a photo of your child(ren) in one (1) of the following categories based on his/her/their age: (1) birth; (2) supported sitter; (3) sitter; (4) crawler; (5) toddler; or (6) preschooler (each, a "Milestone Category"), and submit all required information on the registration form (the registration form and photo shall hereinafter collectively be referred to as the "Submission"). All Submissions must be made before the end of the Submission Period. Once a Submission is made, you will not be permitted to change that Submission. Each Submission you make must be substantially different from any other Submission made by you. By making a Submission, you consent to receiving emails from Promoter and/or its licensees and assignees relating solely to the Photo Search. All photos must have been taken within the thirty (30) days prior to date of submission to be considered and participant must be the parent or legal guardian of the child(ren) featured in the photo. If requested by Promoter, the participant must be able to provide proof in a form acceptable to Promoter that he/she is the parent or legal guardian of the child(ren) featured in the photo. All photos must be in either JPEG, PNG or Gif format. All Submissions are subject to approval by the Promoter, which reserves the right not to post or, after posting, to remove, a Submission for any reason.
Limit one (1) Submission per Milestone Category per participant. Submissions for multiples or siblings in the same Milestone Category are considered one (1) Submission and must include all children within the same photo. Any attempt to make more than the stated number of Submissions by using multiple Facebook accounts or by any other method may void all Submissions from that participant. A child (or children) can only be the subject of one (1) Submission across all Milestone Categories. Subsequent Submissions received for any child(ren) after the first Submission received for that child(ren) will be void. Incomplete Submissions, including but not limited to those Submissions that do not address the requirements set forth in these Terms and conditions, will not be eligible for voting or judging. Proof of sending does not constitute proof of actual receipt by Promoter for purposes of these Terms and Conditions. Submissions or votes generated by script, macro or other automated or improper means and Submissions or votes made by any means which subvert the participation process will be void.
By making a Submission, participant warrants that participant is the copyright owner of the submission and hereby grants to Promoter a royalty free, irrevocable, perpetual and worldwide license to use and display the Submission, including in a "Gerber Generation" image frame, together with the first name and city of participant and the child(ren), on Promoter's Facebook page, available through apps.facebook.com/gerberphotosearch, and otherwise use the Submission in accordance with these Terms and Conditions, without compensation of any kind or further notice to or approval from participant or any third party. Promotion Parties are not responsible for any unauthorized third party use of any Submission. Promotion Parties do not guarantee that any Submission made will be posted.
Submission may not contain, as determined by the Promoter, in its sole discretion, any content that:
- includes any individual other than the participant's child(ren) who fall within the applicable Milestone Category
- includes any child who is not appropriately dressed. Male children under the age of 2 should be wearing at minimum a diaper. No child, male or female, over the age of 2 years can be wearing just underwear/diaper. Female children, regardless of age, must be clothed on top and bottom. No naked children or children in bath tubs will be eligible or accepted.
- contains any identifiable names or markings of any third-party (e.g., logos or trademarks on clothing or in the background of the photo);
- appears to duplicate any other Submission; if multiples of the same image are submitted only one will be considered, others will not be eligible or accepted;
- contains any personal information, 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); if an image contains a watermark from a photographer, or is labeled as a sample/proof, it will not be eligible;
- contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead (with the exception of the participant's child(ren);
- is inappropriate, offensive, or obscene;
- communicates messages or images inconsistent with the positive images and/or good will to which Promoter wishes to associate; and/or
- violates any law.
Submissions must be the original work of the participant, 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. By making a Submission, participant warrants and represents that he/she consents to the submission and use of the Submission in the Search and to its use as otherwise set forth herein.
Promoter reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion, including its determination in its sole discretion that a Submission fails to satisfy any of the above requirements.
AWARD RECIPIENT DETERMINATION:
A. Milestone Award Recipient Determination:
Eligible Submissions made during the Submission Period will be displayed as voting-eligible photos on the Website during the Voting Period. During the Voting Period, individuals with a Facebook account will be invited to the Website to select their favorite Submission submitted during the Submission Period. Limit one (1) vote per photo, per Facebook account, per day. Votes received from any Facebook account or person in excess of the stated limitations during the Voting Period will be void, as will any votes received in violation of the Voting Terms [https://apps.facebook.com/gerberphotosearch/voting-terms.aspx]. Participants are prohibited from obtaining votes by any fraudulent or inappropriate means as determined by Promoter in its sole discretion, including, without limitation, offering prizes or other inducements to any person, or directly or indirectly using automated or improper means to submit votes or create accounts. Submissions may be disqualified if they are found to have benefited from votes submitted in violation of these Terms and Conditions or the Voting Terms. Promoter reserves the right to validate all votes received through any means determined by Promoter in its sole discretion. Subject to verification of eligibility and compliance with these Terms and Conditions, the participant in each of the six (6) Milestone Categories that receives the highest number of valid votes during the Voting Period, as determined by Promoter, will be deemed the “Milestone Award recipient” for that Milestone Category. In the event of a tie for any Milestone Category, a “tie-breaking” judge will determine the Milestone Award recipient for the Milestone Category at issue based on the Judging Criteria (as defined below). Promoter reserves the right not to select a Milestone Award recipient for any Milestone Category if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions for any Milestone Category during the Submission Period. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Limit one Milestone Award per participant.
B. Grand Award Recipient Determination: Eligible Submissions received during the Submission Period will be judged by a panel of judges, which may include Promoter's marketing staff and those of its advertising agencies, to determine the top scoring Submission based on the following criteria: (1) visual appeal of the child(ren) in the photo; (2) expressiveness of child(ren) in the photo; and (3) consistency with Gerber's heritage and its Start Healthy, Stay Healthy™ mission (collectively, the "Judging Criteria"). The Submission that best meets the Judging Criteria, as determined by the judges in their sole discretion, will be deemed the Grand Award recipient, subject to verification of eligibility, compliance with these Terms and Conditions, and execution of an Affidavit/Release (as defined below). Promoter reserves the right not to select a Grand Award recipient if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
Judges' and Promoter's decisions are final and binding on all matters.
AWARD RECIPIENT NOTIFICATION: Potential Milestone Award recipients will be notified via phone, mail or email following the completion of the Search. The potential Grand Award recipient will be notified via phone, mail or email on or about August 15, 2011. Prior to being confirmed as an Award recipient or receiving any prize, participants whose Submissions are selected as potential Award recipients will be required to provide proof of identity, verification of eligibility and compliance with these Terms and Conditions, and will also be required to execute and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Publicity Release (“Affidavit/Release”) as well as any other documents required by Promoter, all of which must be completed and/or received fully-executed within 10 days of date printed on notification or such potential Award recipient may be disqualified, any prize forfeited, and an alternate potential Award recipient may be selected. Participants agree that, if they are selected as a potential Award recipient, Promoter may conduct a background check, and participants agree to execute all documents necessary for Promoter to obtain such background check. Factors that would result in disqualification as a potential Award recipient include, without limitation, having been charged with or convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc. In the event it is determined that: (a) any participant has not complied with these Terms and Conditions, (b) Promoter is unable to contact a potential Award recipient within a reasonable time period, (c) potential Award recipient has failed to execute and return any required documents within the specified time period or has made false statements in connection with his/her participation in the Search, or (d) an Award notification is returned as undeliverable, then such potential Award recipient and his/her Submission may be disqualified and the participant may be required to promptly return to Promoter his/her Award (or equivalent value). If potential Award recipient is disqualified for any reason, at Promoter’s discretion, a runner-up Award Recipient may be selected for the (i) Milestone Category at issue or (ii) the Grand Award, at Promoter’s and judges’ sole discretion.
SIX (6) MILESTONE AWARDS: ONE (1) PER MILESTONE CATEGORY: A 64 GB Apple® iPad® 2 (Wi-Fi only) and your child(ren)’s photo displayed on Promoter’s website (in a manner to be determined by Promoter or its licensees or assignees in their sole discretion). Awards are provided “as is” with no warranty or guarantee, either express or implied by Promoter. Approximate Retail Value (“ARV”) of iPad is $699.00. Appearance of the child(ren)’s photo on Promoter’s website is subject to Promoter's sole discretion. Promoter is not responsible for any circumstances that make it impractical or impossible to fulfill this element of the Milestone Award, which has no retail value. If it becomes impractical or impossible to fulfill this element, Promoter will have fulfilled its Award obligation by having provided the remaining elements of the Milestone Award.
GRAND AWARD (1): $50,000 cash award to be used toward Grand Award recipient’s child(ren)’s college education, $10,000 cash award which may be used toward taxes associated with Award acceptance, and the opportunity for the Grand Award recipient’s child(ren) to appear in one or more future Gerber advertisements, including travel expenses to any related photo shoot for child(ren) and two parents or legal guardians. Approximate Retail Value of Grand Award is $64,962.00. Appearance in the Gerber advertisement will be subject to additional agreements and other documents specified by Promoter, and Grand Award recipient will be required to execute such documents. Exact nature of advertisements will be determined by Promoter or its licensees or assignees in their sole discretion. Promoter does not guarantee the opportunity for the Grand Award recipient’s child(ren) to appear in a Gerber ad. In the event Promoter is unable to include the Grand Award recipient’s child(ren) in a Gerber ad for any reason, no compensation or substitution will be provided in lieu thereof; however, remainder of Award will be provided.
GENERAL AWARD CONDITIONS (FOR ALL AWARDS): Award recipients are responsible for all federal, state and local taxes and any other costs and expenses associated with Award acceptance and use not specified herein as being provided. Award recipients may not transfer, substitute or redeem any non-cash Award for cash, but Promoter reserves the right at its sole discretion, to substitute an Award (or portion thereof) with one of comparable or greater value. Total ARV of all Awards: $69,156. All Award details are at Promoter’s sole discretion.
GENERAL CONDITIONS: Award acceptance constitutes permission (except where prohibited by law) to use the names of Award recipients and their child(ren), Submissions, likenesses, performances, Awards won, photographs, statements and biographical information (all at Promoter’s discretion) for future advertising, publicity and other purposes in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Promotion Parties, Facebook, and their respective officers, directors, agents, representatives and employees (collectively, “Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, delayed or undelivered Submissions; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Search-related information or materials from the Website or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Submission to be received by Promoter on account of technical problems, traffic, congestion on the internet or the Website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit participant’s ability to participate in this Search. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Search, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Search, the processing or judging of Submissions, the tabulating of votes, the incorrect uploading of photos, the announcement of Awards or in any Search-related materials. Promoter reserves the right to modify, suspend or terminate the Search for any reason, including in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Search in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity of, or proper participation in the Search and, if terminated, at Promoter’s discretion, (i) determine the Award recipient for the Milestone Category using all non-suspect, valid votes received up to time of cancellation; and/or (ii) to determine the Grand Award recipient using all non-suspect, eligible Submissions received up to time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Submissions received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Submission will be deemed to be the participant and must comply with these Terms and Conditions. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses. Promoter reserves the right at its sole discretion to disqualify any individual it finds or suspects to be tampering with the Submission or voting process or the operation of this Search or any website (including the Website), including any act that is intended to or has the effect of annoying, abusing, threatening, harassing, or disparaging any other participant, Promoter or any of its representatives or to otherwise be acting in violation of these Terms and Conditions and void all associated Submissions. CAUTION: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Search is a violation of criminal and civil laws. Should such an attempt be made, the Promoter reserves the right to seek damages from any such participant to the fullest extent permitted by law and to disqualify such participant from the Search.
By making a Submission, participant acknowledges and agrees that Promoter may obtain many Submissions under this Search and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Search, developed by Promoter or the Promotion Parties and/or other ideas or submissions received in other promotions staged and/or sponsored by the Promoter, and participant hereby waives any and all claims participant may have had, may have, and/or may have in the future, that any similar Submission or other works accepted, reviewed and/or used by the Promoter (or their respective designees) may be similar to participant’s Submission. Participant acknowledges and agrees that the Promoter does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to participant’s Submission.
ASSIGNMENT OF RIGHTS: If selected as an Award recipient, participant hereby grants to Promoter an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, transferable license of unlimited right, title and interest in and to such Submission, including, without limitation, all rights of every kind and nature including, without limitation, the right to reproduce, transmit, display, distribute, comment on, edit, modify, alter, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise exploit such Submission throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised, without notice, with or without attribution, without restriction or payment, or approval from participant.
MISCELLANEOUS CONDITIONS: By participating in the Search, participants (i) agree to be bound by these Terms and Conditions, including all eligibility requirements, and (ii) agree to be bound by the decisions of Promoter and judges, which are final and binding in all matters relating to the Search. Failure to comply with these Terms and Conditions may result in disqualification from the Search. Promoter reserves the right to permanently disqualify any person it believes has directly, indirectly, or in concert with any other person, violated these Terms and Conditions, and to void all associated Submissions. By uploading a Submission, each participant further represents and warrants that they are the parent or legal guardian of the child(ren) who is pictured in the Submission and have all permissions to feature the child(ren) in the Submission, and agree that they will provide any documentation reasonably requested by Promoter to establish such status or authority. Participants acknowledge that the search is in no way sponsored, endorsed, or administered by, or associated with Facebook and any comments, questions or complaints regarding the Search should be directed to Promoter, not Facebook. The Photo Search abides by the Facebook Promotions Guidelines that can be found at https://www.facebook.com/promotions_guidelines.php.
RELEASES: By entering the Search, participants for themselves and any child(ren) of theirs whose photograph or other information are used in connection with the Search agree to release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Search, or acceptance or use of any Award, the administration of the Search, the operation of any website (including the Website) or Released Parties’ use of any of the rights granted herein (including any claims arising out of the use of third party content). Released Parties assume no responsibility for the conduct of any participant or person or the responses of anyone appearing in any Submission.
ARBITRATION AND CHOICE OF LAW: Participants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Search or any Award provided shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New Jersey, USA; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Search and in no event shall participants be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. In no event shall participants seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain exploitation of Search of any advertising or other materials issued in connection therewith, including, but not limited to, any Submission, or any other exploitation thereof.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, participants’ rights and obligations, or the rights and obligations of the Promoter in connection with the Search, shall be governed by, and construed in accordance with, the laws of State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of New Jersey.
AWARD RECIPIENTS’ NAMES: If you would like the names of the participants whose Submissions were chosen as Award recipients (available after September 1, 2011), visit https://apps.facebook.com/gerberphotosearch/winners.aspx or send a self-addressed stamped envelope by December 1, 2011 to: Gerber Generation Photo Search Award recipients, c/o New Media Strategies, INC, 1100 Wilson Blvd, Suite 1400, Arlington, VA 22209.
PROMOTER: Gerber Products Company, 12 Vreeland Road, Florham Park, New Jersey 07932.