Official Rules
Safety 1st® Too Cute To Spook! Photo Contest
Official Rules
NO PURCHASE NECESSARY
CONTEST DESCRIPTION: The Safety 1st® Too Cute To Spook Photo Contest ("Contest") is a contest in which an entrant ("Entrant") may submit up to five photos showing children's Halloween costumes. The photos should show children ages 0-4 years celebrating Halloween. Safety 1st website viewers will vote on their favorite photos. The winners with the most votes in each category (Infant, Toddler and Preschooler) will win a grand prize with additional prizes being awarded to the first 100 eligible entries as well as randomly selected Entrants throughout the contest period.
ELIGIBILITY: Entrants must be 18 years of age or older at time of entry, and must be legal residents of the 50 United States or the District of Columbia. An Entrant must have a personal user profile/account ("Profile") on the Safety 1st website (www.safety1st.com) in order to upload pictures and enter the Contest. If an Entrant does not have a Profile, he/she can set up a free Profile at any time prior to entry at www.safety1st.com/usa/eng/PhotoContest-User-Profile. The Entrant's Profile must stay active throughout the entire Contest period in order for votes to be counted and tallied. This Contest is void where prohibited or restricted by law. Employees of Dorel Juvenile Group, Inc. ("Sponsor"), its affiliates, subsidiaries, divisions, advertising and promotion agencies, and their immediate families and household members are not eligible. By participating, Entrant agrees to these Official Rules, the decisions of the voting public, and the decisions of the Sponsor and/or its independent judges, which are final and binding in all respects.
TO ENTER: No Purchase Necessary. Photo entries are accepted between 12:01 a.m. Eastern Time ("ET") on October 21, 2009 and 11:59 p.m. ET on November 4, 2009 ("Entry Period"). During the Entry Period, Entrants can submit up to 5 photos via the Safety 1st website. To enter a photo (a "Photo"), the Entrant should do the following:
(1) Access his/her Profile account (visit www.safety1st.com/usa/eng/PhotoContest-User-Profile).
(2) Select the desired Photo for upload to the Contest. You may only submit photos that you have taken. Photos should be creative and fit the theme of the Contest. Photos must be in GIF or JPEG format and less than 10 MB in size. Altered or electronically enhanced images will be rejected. Photos may not portray any harmful or dangerous situation and may not contain any depiction of genitalia. Do not submit photos taken by professional photographers in this Contest.
(3) Provide a short title/caption for the Photo (the "Caption"). The Caption is limited to 100 characters. For privacy reasons, Captions may not contain personal information, including names or other identifying information. Sponsor reserves the right to edit or reject Captions (and corresponding Photos) that contain personal, unnecessary or objectionable information or that are otherwise inappropriate for publication.
(4) Choose the appropriate age category - infant (0-12 months), toddler (1-2 years) or preschooler (3-4 years) - in which the Photo will participate (the "Category"). The Category should accurately reflect the age of at least one child in the Photo at the time the Photo was taken. If the Photo includes children falling into different Categories, Entrant should select one Category in which the Photo will participate for voting and prize purposes. Sponsor reserves the right to reject any Photo that does not appear to depict at least one child that falls within the Category selected by the Entrant.
(5) Identify the Entrant's relationship to the children depicted in the Photo. Entrants may only submit Photos of children with whom they have a family or personal relationship such as sons, daughters, grandchildren, nieces, nephews, cousins and friends. By entering a Photo, the Entrant warrants that he/she has obtained the consent of all persons depicted in the Photo and winners will be required to submit evidence of such consent to claim a prize.
(6) Click the button to submit the Photo. Submissions received by Sponsor's system will be logged in the order received. Once submitted, Photos will appear in the Entrant's gallery, however Photos are not deemed eligible and entered into the Contest until successfully reviewed and approved by Sponsor in accordance with these Official Rules.
All entries must be received via the website and recorded by Sponsor's computer (the official Contest time keeping device) by 11:59 p.m. ET on November 4, 2009. Robotic, programmed, script, macro or other automated entries or entries using third-party web site or software are void. Once a Photo and Caption are submitted for approval, they cannot be changed, altered, or modified. Entrants can delete a Photo and remove it from the Contest during the Entry Period. Once voting starts Photos cannot be removed except in connection with Take-Down Claims. No forms of entry other than as stated in these Official Rules will be accepted.
CONDITIONS OF ENTRY: Photos submitted during the Entry Period will be screened for compliance with the Contest requirements. Photos, including related entry information and Captions, that are deemed by the Sponsor, in its sole discretion, to be in violation of these Official Rules, not to fit the theme, or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, will be rejected and will not be eligible to participate in the Contest. Entrant acknowledges and agrees that such decisions of Sponsor are final and binding. The Entrants who submit the first 100 Photos (in any Category as recorded by Sponsor's website) that are approved by Sponsor for participation in the Contest will win a prize (the "First Entrants"). Limit one prize per Profile and/or Entrant. By entering the Contest, each Entrant represents and warrants that (i) each Photo is the original work of the Entrant and has not previously been published or have won an award or prize of any kind; (ii) the Photo has not been copied wholly or partially from any other work, (iii) Entrant has obtained all the rights, licenses, and permissions in writing from each person (including any applicable parent/legal guardian) who appeared in the Photo (the "Subjects") or helped to create the Photo; and (iv) the Photo does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights. In the event of a dispute regarding the identity of the person submitting a Photo, the Photo will be deemed to be submitted by the person who is listed as the owner of the email address for the Profile to which the Photo was uploaded. Incomplete entries will not be accepted. By participating, Entrants agree to these Official Rules, including all eligibility requirements.
COMMERCIAL USE OF PHOTOS AND LIKENESS: Once submitted and accepted, Photos (and related Captions) will become the property of Sponsor and may be used by Sponsor for any purpose including commercial purposes in connection with its business. By entering the Contest or claiming a prize, Entrants and/or the Subject(s) of Photos (and if a minor, their parent or legal guardian) consent, and agree to confirm that consent in writing upon request, to Sponsor and its affiliates (including their agents and assigns), the irrevocable, royalty-free, non-exclusive right, in perpetuity, (i) to the use of their and their minor dependents' name, voice, picture, and likeness in connection with the Photos, and (ii) to the use of the Photos, which may be altered, changed, modified, edited, used alone, together or with other works, and/or in distorted form, as solely determined by Sponsor, in each case at any time(s) and in all media now known or hereafter discovered, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade and promotional purposes without additional compensation unless prohibited by law, and without notice, review or approval. Upon request of Sponsor, Entrants shall, and take all reasonable efforts to cause Subjects to, execute and deliver such additional instruments of license or waiver as may be solely deemed by Sponsor to be reasonably necessary to establish Sponsor's rights in and to the entry Photos and to permit their use as set forth herein. Should Sponsor fail to request any licenses as stated herein, that shall not be deemed a waiver of Sponsor's right to do so, and Sponsor may at a later time request the licenses, and Entrants and Subjects agree to honor such a request. If a Subject is considered a minor in their jurisdiction of residence the parent or legal guardian must sign on behalf of the minor.
VOTING: Starting at 12:01 ET on November 9, 2009 through 11:59 p.m. ET on November 19, 2009 (the "Voting Period"), the Photos will be posted on Sponsor's website for public voting (see www.safety1st.com/usa/eng/PhotoContest-Winners). Each voter may only vote once each day and additional votes will be disqualified. The Photo in each Category with the highest cumulative number of votes received through the website during the Voting Period (as recorded by Sponsor's web servers - the official vote recording device) will be the Grand Prize Winner in that Category. In the event of a tie, the tied entries will be judged by an independent panel of judges selected by Sponsor on the basis of most creativity and best compliance with theme of the Contest. The Grand Prize Winners will be determined on or about November 25, 2009.
MONTHLY PRIZE DRAWINGS: During the Entry and Voting Periods, prizes will be awarded to a randomly chosen Entrant on the following dates: October 31, 2009 and November 19, 2009 ("Monthly Winners") from all eligible Entrants (across all Categories) received as of the designated dates. The random drawings for the Monthly Winners shall be conducted by the Sponsor whose decisions are final with respect to all aspects of the drawing. Odds of winning depend upon the number of eligible entries received as of the drawing date.
CLAIMING PRIZE/RELEASE: Sponsor will attempt to notify winners by phone, email and/or mail or courier delivery. As a condition of receiving a prize, Entrant's consent to Sponsor's use of his/her name, address, likeness, Photo, prize information and/or statements about the promotion for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law. If requested by Sponsor, Grand Prize Winners and Monthly Winners must complete, sign and return, within seven days of the date of notification, an Affidavit of Eligibility and Liability /Publicity Release where lawful. If the releases are not timely returned or if any prize notification or any prize is returned as undeliverable, or if any prize winner is found to be ineligible or declines the prize or otherwise is not in compliance with these Official Rules, such prize may be forfeited, and the prize will be awarded to an alternate winner based (1) on another random drawing for a Monthly Winner or (2) on the number of votes received and judging criteria outlined herein for a Grand Prize Winner. Sponsor reserves the right to verify eligibility qualifications of any winner.
PRIZES: Monthly Prizes: Each of the 2 Entrants winning a Monthly Prize will receive a 22430HVT Complete Air™ Convertible Car Seat (approx. retail value $249.99). First Entrants Prizes: Each of the 100 First Entrants will receive a 49395 Essentials Childproofing Kit (approx. retail value $9.99). Grand Prizes: The Grand Prize Winners randomly chosen in each Category will receive the following prize packages:
(A) Infant Category Grand Prize: 49546 ProGrade™ Complete Family Thermometer (approx. retail value $39.99); 49380 ProGrade™ Clean Collection™ Nasal Aspirator (approx. retail value $24.99); 49633 ProGrade™ Clear View Ear Scope (approx. retail value $29.99); or 43691 ProGrade™ Gentle Vibes Nail Filer (approx. retail value $12.99), Glow & Go Monitoring System (approx. retail value $34.99).
(B) Toddler Category Grand Prize: 07039 Nature Next Bio-Plastic Potty (approx. retail value $9.99); 21034 Nature Next™ Bamboo Booster Seat (approx. retail value $39.99); 42057 Nature Next™ Bamboo Gate (approx. retail value $24.99); or 11021 Nature Next™ Bio-Plastic Step Stool (approx. retail value $6.49), Secure Top Bed Rail (approx. retail value $34.99).
(C) Preschooler Category Grand Prize: 22537GMA Apex™ 65 Booster Car Seat (approx. retail value $129.99); 48674 ProGrade™ Soft Solution™ Roller Shade (approx. retail value $10.99); or 48672 ProGrade™ Secure View™ Mirror (approx. retail value $7.99).
All Federal, State, and local taxes, duties, and the like, if any, are the sole responsibility of the prize winners. Each winner of a prize valued at more than $600 must provide Sponsor with a valid taxpayer identification number or social security number before such prize will be awarded, and such winners will receive an IRS form 1099 at the end of the calendar year (with a copy of such form filed with the IRS). No substitution, assignment, redemption for cash, or transfer of any prizes permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered prize becomes unavailable. Limit one prize per household. Winners should allow 4 to 6 weeks to receive their prize.
GENERAL: By participating in the Contest, Entrants agree to release and to indemnify and hold harmless Sponsor and its parent companies, affiliates, subsidiaries, retailers, franchisees, manufacturers, licensees, advertising and promotion fulfillment and/or judging agencies, and all of their respective officers, employees, directors, representatives and agents (individually and collectively "Releasees") from all liability, claims, action, or proceedings, losses, injuries and damages to person(s), including death and property, or violation of intellectual property or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light) due in whole or in part to acceptance, possession, misuse or use of any prize; or participation in this Contest, or participation in any Contest related activity. This giveaway is governed by U.S. law, subject to all federal, state, and local laws. The winners agree that Sponsor, its affiliates and their agencies and employers shall not be liable for injury, loss or damage of any kind resulting from participating in this giveaway or from the acceptance or use of any prize awarded. The Sponsor reserves the right to verify eligibility qualifications of any winner.
LIMITATIONS OF LIABILITY: The Entrants and winners agree that Sponsor and Releasees shall not be liable for injury, loss or damage of any kind resulting from participating in the Contest or any Contest related activity or from the acceptance or use of any prize awarded. Releasees are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission or failures of any network, computer equipment, or software, or any other error or malfunction, or late, lost or misdirected entries. Releasees are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with the Contest. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or operation of the Contest or website. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and determine the winners from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor.
IN NO EVENT WILL RELEASEES 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 WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF 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.
WINNERS LIST: The names of winners will be announced in the December 2009 issue of "Safety 1st and Foremost" e-newsletter. You can also visit www.safety1st.com after November 25, 2009 for the names of the winners.
TAKE DOWN CLAIMS: The following is Sponsor's procedure for Copyright Infringement Claims relating to Photos, Captions and other materials found on the Safety 1st website. Upon receipt of a proper notification of a claim of infringement hereunder, Sponsor will take down the Photo(s) at issue and at such time the Photo(s) will be disqualified from the Content unless Sponsor receives a legally sufficient counter-notice under the U.S. Copyright Act, in which case Sponsor may repost the Photo. While any Photo is removed pursuant to these take down procedures, the Photo will be ineligible to receive votes. Entrant agrees that Sponsor shall have no liability or responsibility with respect to any potential missed votes and/or their effect on a Photo's chance to win a prize in the Contest. Notification of the claim of infringement must be submitted to the following Designated Agent:
Service Provider(s): Dorel Juvenile Group
Name of Agent Designated to Receive Notification of Claimed Infringement: Interactive Marketing Manager
Full Address of Designated Agent to Which Notification Should Be Sent:
Dorel Juvenile Group
Attn: Interactive Marketing Manager
25 Forbes Boulevard, Suite 4
Foxboro, MA 02035
Telephone Number of Designated Agent: 508.216.1950
Facsimile Number of Designated Agent: 508.216.1814
Email Address of Designated Agent: photos@djgusa.com
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit Sponsor to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Click here to send an email to Sponsor's Designated Agent - please provide the notice information mentioned above.
SPONSOR: Dorel Juvenile Group, Inc. 2525 State Street, Columbus, Indiana, 47201-7494.
