Official Rules to the Messiest Dirtiest Kiddo Photo Contest
Baby Sideburns STERLING ComforTrack Photo Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. A PANEL OF JUDGES WILL SELECT WINNERS. VOID WHERE PROHIBITED BY LAW. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY AND ELIGIBLE IN ACCORDANCE WITH THESE OFFICIAL RULES.
1. ENTRY PERIOD: The Baby Sideburns STERLING ComforTrack Photo Contest (the “Contest”) begins at 12:00 a.m. Central Time (“CT”) on November 17, 2014 and ends at 11:59 p.m. CT on November 24, 2014 (the “Entry Period”). Limit 3 entries per person in this Contest. Entry must be consistent with the Contest Theme to be eligible for evaluation by the Judges. The Contest Theme is children of the Entrant (who must be under 18 years old) who are dirty and in need of a bath. Sponsor’s designated computer is the official time clock for this Contest.
2. HOW TO ENTER THE CONTEST: During the Contest Period, visit the Contest section at the Baby Sideburns fan page on Facebook at https://www.facebook.com/babysideburns (the “Site”), “Like” the Baby Sideburns Fan Page at the Site, and submit a photo consistent with the Contest Theme (each such submission is referred to as a “Submission” and together with any other content or information provided by Entrant in connection with the Contest is referred to as an “Entry”). The individual submitting the Entry is sometimes referred to in the Official Rules as an “Entrant.”
3. FINALISTS AND WINNER SELECTED BY JUDGES DETERMINATION: Ten to twenty finalists and ultimately three winners will be selected by Sponsor and Sponsor’s designees (“Judges”). At the conclusion of the Entry Period, on or about November 24, 2014 ten to twenty finalists will be selected by the Judges based on the following criteria, equally weighted: (1) creativity and (2) humor (these two criteria are referred to as the “Judging Criteria”). Between December 8 and December 12, 2014, visitors to the Baby Sideburns Facebook Page and/or BabySideburns.com will be invited to vote for their favorite(s) Entry(ies) in the “comments” section of either site. Based on the opinion of the Judges, who will take into account voting results in the comments sections, the Judges in their sole discretion will determine three (3) Contest winners. The winning Entries will be posted on the Baby Sideburns Facebook Page on or about December 16, 2014 and the winners will be required to contact the Sponsor at the Baby Sideburns Facebook Page. The winners have fourteen (14) calendar days in which to contact the Sponsor to claim the Prize. If a selected winner does not contact the Sponsor within fourteen (14) calendar days, then the selected winner will be disqualified (and will forfeit all rights to his or her Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible winner from among the remaining Entries (in which case the forgoing provisions of this Section shall apply to such new selected winner. The winners will be sent an acceptance package to be completed and returned to the Sponsor. The winners will receive the acceptance package via email. Each of the winners will have seven (7) days from the date such acceptance package is sent to claim his or her Prize by completing and returning the Affidavit of Eligibility/ Publicity/Liability Release. If a winner does not contact the Sponsor, provides incorrect email, is ineligible, does not comply with these Official Rules, fails to claim the Prize, fails to return the completed and executed forms as required, or if the Prize is returned as undeliverable, an alternate winner may, in Sponsor’s sole discretion, be selected. SPONSOR’S DECISIONS SHALL BE FINAL IN ALL MATTERS PERTAINING TO THIS CONTEST.
4. ELIGIBILITY: The Contest is open to individuals who are legal residents of the 50 United States, including the District of Columbia, who are 18 years of age or older as of the date of Entry submission and eligible in accordance with these Official Rules. Void in all other jurisdictions. Employees, contractors, directors and officers, and vendors of BabySideburns.com (“Sponsor”), Kohler Co. and Kohler Co.’s and Sponsor’s respective subsidiaries and affiliated entities, advertising, and fulfillment agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members of each (spouse, domestic partner, parent, child, sibling, grandparent, and spouse, domestic partner or “step” of each) and those living in the same households of each are not eligible to participate. The Contest is subject to all federal, state, and local laws and regulations. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules. By entering the Contest, each Entrant agrees to have his or her Submission(s) posted online (in Sponsor’s sole discretion). Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Submission that, or Entrant who, does not comply with these Official Rules.
5. REQUIREMENTS: In order to have his or her Submission(s) entered into the Contest, prospective Entrants must comply with registration instructions when submitting each Submission. Each Submission:
- Must be in English;
- Included photograph must be under 5 MB and submitted in one of the following formats: .jpg, .jpeg, gif, .tif, .png
- Must be suitable for family audiences;
- without limitation, must not contain any content that:
- is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contains profanity or sexual content;
- promotes alcohol, illegal drugs, tobacco, firearms or weapons;
- promotes any third party product or service or otherwise contains commercial messages or endorsements regarding third party products or services;
- is unlawful, in violation of or contrary to the laws or regulations of the United States or any State;
- has been copied or plagiarized. All entries must be the sole, original work of the designed Entrant;
- is proprietary to a third party, contains any third party content, or otherwise defames, violates or infringes (or may infringe) any copyright, trademark, mark or other identifier of source, or other proprietary right of any entity or person (whether living or deceased) (including but not limited to, rights of privacy or publicity or portrayal in a false light);
- appears to result in any injury or bodily harm; and/or
- is lewd or inappropriate or offensive or not in keeping with Sponsor’s image or Kohler Co.’s image, including acts of violence or acts that are otherwise objectionable to Sponsor.
- is discovered to have entered, attempted to enter, or used multiple accounts to enter more than the stated limit of Entries.
Any Entry or portion thereof that, in Sponsor’s sole and absolute discretion, violates any of the above or other prohibitions and/or representations or warranties of Entrant will not be posted online (or may be removed if previously posted) and will be disqualified from the Contest. Any Submission not in compliance with the above and that does not meet the Site’s requirements may be disqualified. In the event that an Entrant or Submission is edited, removed and/or disqualified, Entrant is not relived from responsibility for compliance with these Official Rules.
Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor, Kohler Co. and/or their designees may, at Sponsor’s or Kohler’s election, post Submissions that appear to be compliant with the Official Rules on the Site or elsewhere, with or without attribution. Entrants and winners acknowledge and agree that Sponsor and its designees have the right to edit, adapt, modify, reproduce, promote and otherwise use or not use (or remove) Entries in any way it or they see fit without notification or further consent or payment of any kind. By entering, you agree to waive any rights you may have to any Submission submitted, including any and all moral rights that exist in the Submission and any derivative works made therefrom.
6. REPRESENTATIONS REGARDING ENTRIES; GRANT OF RIGHTS. By submitting an Entry in connection with the Contest, each Entrant represents and warrants to Sponsor that (i) the Submission is the original work of the Entrant and that Entrant has the sole right to submit it to the Contest; (ii) the Entry does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; (iii) the Entry does not violate any applicable laws; (iv) Entrant has obtained all necessary licenses or permissions from all third parties for submission into the Contest and for use as contemplated in these Official Rules; (v) the posting and/or display of the Entry and any other use contemplated in the Official Rules will not violate rights of any parties or otherwise breach any provision of any applicable law or regulation; (vi) use and posting of the Entry or any part of the Entry in connection with the Contest or as otherwise permitted by these Official Rules is and will be without any further review, notice, approval, consideration or compensation (except for any awarded prize as contemplated in these Official Rules), regardless of whether the Entry is a winning entry; and (viii) the Entry submitted in this Contest has not been entered in any other promotion.
Each Entrant hereby grants to Sponsor, Kohler Co. and their designees, an everlasting, royalty-free, assignable, irrevocable, unrestricted, license to use, utilize, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, display, sublicense and exercise all copyright and other intellectual property and other rights with respect to each Submission worldwide and/or to include, in part or in whole, any Submission in other works in any media now known or later created, anywhere and forever, without further review, notice, approval, consideration or compensation. Except where legally prohibited, submission of a Submission into this Contest constitutes Entrant’s irrevocable permission for Sponsor and Kohler Co. and their designees to use the Entrant’s name and city and state or province of residence, in whole or in part, in print, electronic media, broadcast media, or any other media or manner, whether now known or later created, in perpetuity, in any way Sponsor or Kohler Co. and/or their designees deem(s) appropriate in connection with promoting the Contest and Sponsor’s or Kohler’s business, products and service or any other purposes without further review, notice, approval, consideration or compensation.
7. SELECTION OF TENTATIVE WINNERS; NOTIFICATION. The judging conducted as described above will select finalists and a tentative winner. The tentative winner will be posted on the Baby Sideburns Facebook Page. Sponsor may, at its election, require an Affidavit of Eligibility and Liability and Publicity Release as a condition to awarding any prize in this Contest.
8. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Prizes: Three (3) STERLING Prevail bath/shower doors with ComforTrack technology. The approximate retail value for each prize is $220-$355. Prize will be shipped to the winner within four (6) to six (8) weeks of the conclusion of the determination of winner. No shipped prizes will be replaced. If the actual value of a prize is less than the stated ARV, the difference will not be awarded. No transfer or substitution of prize permitted except where required by law. If the prize, or any portion of such prize, become unavailable, the Sponsor may award a substitute prize of equal or greater value. Sponsor and the Contest Parties assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of prize or participation in the Contest. Sponsor reserves the right to request from any Entrant additional documentation it reasonably believes is necessary to validate any Entry or to award any prize. All federal, state, and local taxes and any expenses, costs, or fees associated with the acceptance and/or use of any prize are the sole responsibility of the applicable winner. Non-compliance or the return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from participation in or attempt to participate in the Contest or for any lost, late, garbled, misdirected, or postage due mail, or for any problems or technical malfunction or download of any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Site, in whole or in part for any reason; traffic congestions on the Internet or the Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. Sponsor is not responsible for any typographical errors in the announcement of a prize or these Official Rules, or any inaccurate or incorrect data contained on the Site. Use of the Site is at user’s own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind that may be sustained to users or any other person’s computer equipment resulting from participation in the Contest, use of the Contest Site or Facebook or the download of any information from the Contest Site. If for any reason this Contest is not capable of being conducted as contemplated in the Official Rules or otherwise planned due to infection by computer virus, bugs, tampering unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor, in its sole discretion, reserves the right to terminate or modify the Contest and/or to disqualify any individual who tampers with or attempts to tamper with the Contest or violates these Official Rules. By participating in the Contest, the Entrant agrees to resolve any dispute individually, without resort to any class action. By accepting a Prize in the Contest, winner agrees that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest or acceptance or use of any Prize. Except if Winner is a resident of TN, or where prohibited by law, by accepting prize, Winner grants permission for Sponsor and those acting under its authority to use his/her name, photograph, voice and/or likeness, and city / state of residence for advertising and/or publicity purposes, in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.
10. GENERAL: By participating, Entrants agree to these Official Rules and the decisions of Sponsor and the Judges, as applicable, with respect to the Contest, determination of compliance and eligibility of Entries and Submissions, and the awarding of any prize, which shall be final and binding in all respects. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest process, then Sponsor reserves the right at its sole discretion to cancel or modify the Contest. If a court of competent jurisdiction deems any provision of these Official Rules invalid or unenforceable, such provisions shall be enforced to the maximum extent permitted and the remaining provisions of the Official Rules shall remain in full force and effect.
11. UNSPORTSMANLIKE CONDUCT: Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process, voting or the operation of the Contest, the Site; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Any attempt to use multiple e-mail or Facebook accounts or other tactics to enter or vote more than the stated limit of this Contest may result in disqualification and all associated Entries and/or votes will be void.
12. RELEASE: BY PARTICIPATING IN ANY ASPECT OF THE CONTEST, YOU AGREE TO THE FULL EXTENT PERMITTED BY LAW TO RELEASE AND HOLD HARMLESS SPONSOR, CONTEST JUDGES, CONTEST PARTIES, THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, RETAILERS, ADVERTISING AND CONTEST AGENCIES, AND FACEBOOK AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN ANY PART OF THE CONTEST (INCLUDING, WITHOUT LIMITATION, PREPARING FOR OR PARTICIPATING IN OR SUBMITTING ANY ENTRY AND/OR FROM ANY CONTEST RELATED ACTIVITY) OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH PARTICIPANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF PARTICIPATING IN THE CONTEST, AND IN NO EVENT SHALL THE CONTEST PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND EACH PARTICIPANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER. YOU HEREBY WAIVE ALL RIGHTS AND RELEASE EACH OF THE RELEASED PARTIES FROM ANY CLAIM OR CAUSE OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, OF ANY KIND, INCLUDING BUT NOT LIMITED TO DEFAMATION, INVASION OF RIGHT TO PRIVACY, PUBLICITY OR PERSONALITY OR ANY SIMILAR MATTER, RELATING TO THE CONTEST, THE OPERATION THEREOF, OR ANY SUBMISSION, OR BASED UPON OR RELATING TO THE USE AND EXPLOITATION OF THE ENTRIES AS CONTEMPLATED HEREIN, OR USE IN COMPOSITE FORM, EITHER INTENTIONALLY OR OTHERWISE. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE OFFICIAL RULES AND ARE FULLY FAMILIAR WITH ITS CONTENTS.
13. APPLICABLE LAWS AND JURISDICTION: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Illinois. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Chicago, Illinois. Should there be a conflict between the laws of the State of Illinois and any other laws, the conflict will be resolved in favor of the laws of the State of Illinois. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.
14. WINNERS LIST: For the name of the winners, available online prior to December 31, 2014, visit http://www.facebook.com/babysideburns. To receive a copy by mail, send a self-addressed stamped envelope (except where not required by applicable law) to: Sponsor at the Contest Address. Limit one request per outer mailer which should be marked “Winners List Request.” Requests must be received by February 28, 2015.
15. SPONSOR: Sponsor of the Contest is Baby Sideburns LLC, located at PO Box 86, Northbrook, IL 60065 (the “Contest Address”).
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Any questions, comments or complaints regarding the Contest should be directed to Sponsor at the Contest Address, not Facebook.