THE GERBER® PHOTO SEARCH 2013
TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN THE GERBER® PHOTO SEARCH 2013 ("SEARCH").
Entry constitutes your acceptance of these Terms and Conditions.
PARTICIPATION DATES & PROMOTION STRUCTURE: Search begins September 23, 2013 at 12:01 AM Pacific Time ("PT") and ends October 27, 2013 at 11:59 PM PT ("Submission Period"). The Submission Period will be followed by a 28 day voting period starting at 12:01 AM PT on November 4, 2013 and ending at 11:59 PM PT on December 1, 2013 ("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 only 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 on the date of entry. 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"), ePrize, Inc. ("Administrator"), Zucconi IDEA Agency Inc., RAPP, 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: Entry into the Search is free. Two ways to participate: 1.) Online During the Submission Period, visit Gerber's Facebook page at www.facebook.com/gerber (the "Website"), click on the Photo Search thumbnail, "Like" the page to become a Fan (if you are not already a Fan), allow the "Photo Search 2013" application when prompted to "Get App", and follow the instructions provided to upload and submit your child(ren)'s photo. Or 2.) Via Mobile: visit www.facebook.com/gerber or http://m.gerber.com, "Like" the page to become a Fan (if you are not already a Fan), allow the "Photo Search 2013" application when prompted to "Get App", and follow the instructions provided to upload and submit your child(ren)'s or ward(s)’s photo. Mobile devices supported for this program include: iPhone 4 & 5 and Android. Data rates may apply. You will be charged according to your mobile phone service provider's rate plans. Please consult your mobile phone service provider regarding rate plans. Entry into the Search is free.
Once you "Like" the page and get the Photo Search 2013 application, follow the instructions to upload a photo of your child(ren) or ward(s) in one of the following categories based on his/her/their stage of development: (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; however, if any Submission is invalid, participant will receive an email within 3 business days advising that his/her invalid submission was disqualified and he/she may attempt to enter again up to one time per milestone entry, as long as their new photo Submission is received prior to the close of the entry period. 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.
Limit one (1) valid 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 valid 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 in Promoter's sole discretion.
Entry through Facebook requires signing up for an account through Facebook, and providing a username/email address and a password. As of the start of the Search, there is no charge for an account on Facebook. If you are a first time visitor to Facebook, you will be prompted to complete the on-screen registration form. Registration is a one-time requirement. If you are a returning visitor, you will be prompted to log-in using your e-mail address and/or password. Anyone found to be using multiple accounts to enter may be deemed ineligible. The Search is in no way sponsored, endorsed, or administered by, or associated with Facebook. All information provided by a participant in the entry form is provided to Sponsor and not Facebook.
Participant acknowledges and agrees that professional photographs (ie, photographs taken by a photographer who was paid to take such photographs) are not eligible for this photo search. In addition, Submissions 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 is the parent or legal guardian of the child(ren) featured in the photo, has all necessary copyright rights to submit the submitted photos and consents to the submission of such photos, and consents use of the Submission in the Search and to its use as otherwise set forth herein.
All photos must have been taken within the thirty (30) days prior to date of Submission to be considered. 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 .jpg, .png, or .bmp format. Maximum photo size of 5 MB. 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.
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) or ward who fall within the applicable Milestone Category
• includes any child who is not appropriately dressed. All children, regardless of age, must be clothed on top and bottom. No naked children or children in bath tubs or children in just a diaper will be eligible or accepted.
• contains any identifiable names or markings of any third-party (e.g., logos; trademarks on clothing or in the background of the photo; or any distinctive packaging or building interiors/exteriors);
• 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 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); 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) or ward(s);
• contains look-alikes of celebrities or other public or private figures, living or dead (with the exception of the participant’s child(ren) or ward);
• 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.
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.
LICENSE TO USE SUBMISSIONS: By making a Submission, each participant grants, and represents and warrants that the participant has the rights and authority necessary to grant Promoter an irrevocable, perpetual, non-exclusive, fully paid-up, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Submission and all elements of the Submission, including without limitation, the photo and the likeness of any locations, city, state, and/or persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from participant or any third party. You further represent and warrant that you did not work with parties in conjunction with your Submission who are (i) represented under contract (e.g. by a talent agency or manager) that would limit or impair Promoter’s ability to display Submission in any media form; (ii) subject to an acting or modeling contract that would make /their appearance in the Submission a violation of any third-party rights; or (iii) under any other contractual relationship, including but not limited to guild and/or union memberships that may prevent Promoter from being able to use the Submission as set forth herein.
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, must "Like" the page to become a Fan (if you are not already a Fan), allow the "Photo Search 2013" application when prompted to "Get App", and follow the instructions provided to select their favorite Submission submitted during the Submission Period. Limit one (1) vote per Facebook user ID per milestone category 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. 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, and execution of an Affidavit/Release (as defined below), 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: All 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 photo; and (3) consistency with Gerber's heritage and its Start Healthy, Stay Healthy™ (or successor program) 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 January 2, 2014. 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 7 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: Each eligible Milestone Award recipient will receive one (1) 32GB Apple® iPad® with Retina display and Wi-Fi/cellular capabilities, an Apple® iPad® Smart Case® cover, and a $150 Apple® iTunes® gift card that can be used to purchase educational apps. Approximate Retail Value ("ARV") of each Milestone Award is $1,000. One (1) GRAND AWARD: The Grand Award recipient will receive (i) a $50,000 cash award which can (but is not required to) be used toward Grand Award recipient's child(ren)'s college education; (ii) a $15,000 cash award which can (but is not required to) be used for any purpose; including any taxes that may be associated with award acceptance; and (iii) the opportunity for the Grand Award recipient's child(ren) who was(were) featured in the submission 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 $65,000. 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, the 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 approximately: $71,000. 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) or ward(s), 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. Promotional 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 Promotional 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.
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 Administrator, not Facebook. The Photo Search abides by the Facebook Promotions Guidelines that can be found at http://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 January 15, 2014), visit http://bit.ly/1cPAcMm by January 31, 2014.
PROMOTER: Gerber Products Company, 12 Vreeland Road, Florham Park, New Jersey 07932.
PROMOTION ADMINISTRATOR: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
Apple, iPad, Smart Case and iTunes are registered trademarks of Apple Inc.
Apple Inc. is not a sponsor of, nor a partner in, the Gerber Photo Search.