2010 The Baby and Toddler Guide Cover Contest
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
1.The Baby and Toddler Guide Cover Contest
entry period begins April 30th, 2010, and ends December
15, 2010 (the “Entry Period”). Entries must
be received by 11:59 p.m, ET. on December 15, 2010. Entries
will not be acknowledged or returned.
2.No purchase necessary. Only one (1) entry
per child. Submit an original color photo of your child
with an entry form (available on-line at: www.thebabyandtoddlerguide.com
(You may enter twins, triplets, etc. as one entry. Hereafter
"Child" shall refer to a single child or collectively
to twins/triplets, etc. as applicable.) All times are
Eastern Standard Times. This Contest is sponsored by Swan
Productions Inc collectively referred to as the Contest
Sponsor.
3.Must be a Canadian resident over the age
of majority in their province or territory of residence
to enter. One entry per child. Odds of winning depend
upon the number of eligible entries received. No professional
photos will be considered for entry. The child must be
between 1 month to 4 years of age. There is one Grand
Prize available to be won, which consists of your child's
photo on the 2011 issue.
4.ENTRY: Visit www.
thebabyandtoddlerguide.com and complete the registration
form, then follow the links and instructions to upload
up to 1 current photo of your child between the ages of
three (1) month and four (4) years as of the date of entry.
Photos must be recent (taken within one month of entry
for children under one year of age, and within two months
of entry for children over one year of age), taken by
entrant or at entrant’s direction, non-professional,
unpublished and may not have won any prize or award. Photos
must be .jpeg or .bmp image formats and cannot exceed
3 MB.
5. By uploading a photo to enter the Contest,
each entrant agrees to assign all right, title and interest
(including copyright) in and to the photo entered to the
Contest Sponsor and waive any and all moral rights in
the photo. Contest Sponsor may, in its sole discretion,
elect to use, in whole or in part, any photo entered into
this Contest for its own future advertising and/or any
activities, without notice or compensation; and that the
person submitting same has no further copyright or similar
claim. Each entrant warrants to Contest Sponsor and its
agents, parent, and affiliated or related companies, subsidiaries,
divisions, prize suppliers, the independent contest organization,
and promotional and advertising agencies and administrators
that the submission does not contravene or infringe on
anyone else’s copyright or other intellectual property,
is not false, inaccurate or misleading & does not
violate any law or regulation; is not libelous, threatening
or harassing; does not instigate others to commit illegal
activities; and does not contain pornography; does not
contain any viruses, worms, or other computer programming
intended to or that could interfere with the ability of
others to enjoy the Contest website.
6. Photos must not contain material that
violates or infringes the rights of another, including
but not limited to privacy, publicity or intellectual
property rights, or that constitutes copyright infringement.
Photos must not contain brand names or trademarks. By
entering, you certify that your entry does not violate
or infringe the rights of another, including but not limited
to privacy, publicity or intellectual property rights,
and that no part of your entry materials constitutes copyright
infringement.
Sponsor reserves the right, in its sole
discretion, to reject and/or disqualify any entries, subjects,
photos, or related materials that Sponsor deems, in its
sole discretion, to be nude, obscene, defamatory, profane,
offensive, lewd, pornographic, false, misleading, deceptive,
or otherwise inconsistent with its editorial standards,
audience expectations, or reputational interests or that
Sponsor believes may violate any applicable law or regulation
or the rights of any third party. Sponsor reserves the
right, in its sole discretion, to verify any element of
any entry or related materials and to disqualify any entrant
whose participation may subject the contest, Sponsor,
or Sponsor's advertisers, clients, or customers to controversy,
negative publicity, scorn, or ridicule.
7. LIMIT: One entry per eligible child per
household. For entries of more than one eligible child
in the household, the entry process must be completed
separately for each child. No group entries otherwise
twins, triplets, etc. as one entry
8. No communications will be entered into
except with the selected entrants. For the names of the
winner, check the Web site www.thebabyandtoddlerguide.com
on or after December 28, 2010. All entries become property
of Swan Productions Inc and will not be acknowledged or
returned.
9. WINNER SELECTION: There will be three
(3) rounds of judging:
First Round - on or about December 19,
2010 , ten (10) Semi-finalists will be selected from among
all eligible entries by qualified judges appointed by
Sponsor based on overall appearance of the child as shown
in the photo(s) (34%), personality of child as expressed
through the photo(s) (33%) and quality of photo(s) (33%).
Sponsor reserves the right to select fewer than ten (10)
Semi-finalists if, in its sole discretion, it does not
receive a sufficient number of eligible and qualified
entries. On or about January 10th, 2011, potential Semi-finalists
will be notified by email and/or telephone to confirm
compliance with eligibility requirements and to submit
by email, on or before January 20th , 2011, at 11:59 p.m.,
ET., two (2) additional non-professional photos of the
child entered, taken between January 10th , 2011, and
January 20th , 2011. These images would/could be posted
on ww.thebabyandtoddlerguide.com
Second Round - on or about
January 22, 2011, a qualified panel of judges appointed
by Sponsor will select four (4) Finalists from among the
ten (10) Semi-finalists by applying the same judging criteria
as used in the First Round to the five (2) additional
photos submitted by the Semi-finalists.
10. If a tie occurs in either round, the
entry from among the tied entries having the highest score
in the criterion of overall appearance of child will be
deemed a semi-finalist or finalist. Decisions of judges
are final and binding in all respects.
11. Third Round - on or
about January 28, 2011, qualified judges appointed by
Sponsor will select one (1) Grand Prize winner based on
appearance of child as shown in the photo(s) (50% and
personality of child as expressed through the photo(s)
from the photo shoot (50%). In event of a tie, the photos
of the tied Finalists from the photos will be re-judged
according to the criteria listed above by an additional
judge who will serve as the tiebreaker.
12. The Grand Prize winner will be notified
by email, mail and/or telephone on or about February 18th,
2011. To be eligible as The Grand Prize winner the child
and one (1) parent or guardian will be required to travel
to Toronto , for The Baby and Toddler Guide photo shoot
(travel not provided by Sponsor - Swan Productions - date
and time to be determined). Failure to attend the photo
shoot and/or travel on specified dates will result in
disqualification. Sponsor, in its sole discretion, may
disqualify a Finalist for any reason, including without
limitation, behavior of Finalist’s child at the
photo shoot.
Swan Pproductions Inc will provide a one
(1) Night stay at a hotel in GTA - to be determined by
Swan Productions Inc.
13. PRIZES: The three (3) semi - finalist
will win a prize pack from The Baby and Toddler Guide.
(Prizing to be determined)
The Grand Prize winner will be featured
on the cover of a future issue of The Baby and Toddler
Guide. As well awarded a prize pack. Appearance on the
magazine cover is subject to Sponsor’s sole discretion.
Sponsor is not responsible for any circumstances that
make it impractical or impossible to fulfill this element
of the prize. This element of the prize has no retail
value, and if it becomes impractical or impossible to
fulfill this element, Sponsor will have fulfilled its
prize obligation by having provided the photo shoot prize
package. All prizes must be accepted as awarded. Contest
Sponsors reserve the right to substitute a prize of at
least equal value in the event of the unavailability,
for whatever reason, of the advertised prize.
14. This Contest will be run in accordance
with these Contest Rules, subject to amendment by Contest
Sponsors. Contestants must comply with these Contest Rules,
and will be deemed to have received and understood the
Contest Rules by participating in the Contest. The terms
of this Contest, as set out in these Contest Rules, are
not subject to amendment or counter-offer, except as set
out herein. The Contest Sponsors reserve the right to
withdraw, terminate or modify or any portion of this contest,
or extend the deadline of this contest, at any time without
prior notice.
15. (a) Contest Sponsors assume no responsibility
for failure of the Internet or the Web site during the
Contest Period, for any problems or technical malfunction
of any telephone network or lines, computer on-line systems,
servers, access providers, computer equipment, software,
failure of any e-mail or traffic congestion on the Internet
or at any Web site, or any combination thereof including
any injury or damage to an entrant’s or any other
person’s computer related to or resulting from playing
or downloading any material in the Contest. Contest Sponsors
reserve the right, in their sole discretion; to cancel
or suspend the e-mail portion of this Contest should a
virus, bug or other cause beyond their reasonable control
corrupt the security or proper administration of the Contest.
Any attempt to deliberately damage any Web site or to
undermine the legitimate operation of this Contest is
a violation of criminal and civil laws. Should such an
attempt be made, Contest Sponsors reserve the right to
seek remedies and damages to the fullest extent permitted
by law, including criminal prosecution.
(b) If the identity of an entrant is disputed, the authorized
account holder of the e-mail address submitted at the
time of entry will be deemed to be the entrant. The individual
assigned to the e-mail address for the domain associated
with the submitted e-mail address is considered the authorized
account holder. A selected entrant may be required to
provide proof that he/she is the authorized account holder
of the e-mail address associated with the selected entry.
All entries must be submitted from a valid e-mail account
that may be identified by reverse domain name search.
The sole determinant of time for the purposes of receipt
of a valid entry in this Contest will be the Contest server
machine(s).
16.PRIVACY: Registration for Sponsor’s
The Baby and Toddler Guide .com website is required to
enter the Contest. When you register, we collect personally
identifying information about you, including your name,
mailing address, and email address. The information that
you provide will be added to a centralized Sponsor database
so that you will simultaneously be registered for Sponsor’s
other websites as well. By entering and providing the
required registration information, you acknowledge that
Sponsor may send you information, samples, or special
offers it believes may be of interest to you about its
publications or other complementary goods offered by Sponsor.
Sponsor may also include your name and postal address
in postal address lists that Sponsor sells or rents to
third parties for marketing purposes. IF YOU DO NOT WISH
TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THIS PROMOTION.
17.DISPUTE RESOLUTION: Except where prohibited,
by participating Contest entrants agree that: All issues
and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights
and obligations of participant(s) and Sponsor and its
agents shall be governed by and construed exclusively
in accordance with the laws of Canada without giving effect
to any principles of conflicts of law of any jurisdiction.
Entrant agrees that any action at law or in equity arising
out of or relating to this Contest, or awarding of the
prizes, shall be filed only in the state or federal courts
located in the State of New York and entrant hereby consents
and submits to the personal jurisdiction of such courts
for the purposes of litigating any such action. Except
where prohibited, by participating in this Contest, entrant
agrees that: (a) any and all disputes, claims, and causes
of action arising out of or connected with this Contest,
or awarding of the prizes, shall be resolved individually,
without resort to any form of class action; and (b) any
and all claims, judgments and awards shall be limited
to actual out-of-pocket costs incurred, including costs
associated with participating in this Contest but in no
event attorneys' fees; and (c) under no circumstances
will any participant be permitted to obtain awards for
and hereby waives all rights to claim punitive, incidental
and consequential damages and any other damages, other
than for actual 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.
18.OTHER: Sponsor assumes no responsibility
for entries it is unable to process due to network, hardware
or other technical failures; or any other reason. Sponsor
reserves the right, in its sole discretion to disqualify
any person tampering with the entry process, the operation
of the web site or otherwise in violation of these official
rules. Sponsor further reserves the right, in its sole
discretion, to cancel, terminate or modify this promotion
if not capable of completion as planned, including infection
by computer virus, technical corruption, non-authorized
human intervention, force majeure or any other causes
beyond the control of the Sponsor which corrupt or affect
the administration, security, fairness, or integrity of
the contest. In the event of cancellation, Sponsor reserves
the right to select winner(s) from among all eligible
entries received prior to date of cancellation. The use
of automated entry systems or any other conduct that impedes
the integrity of the contest is prohibited. In the event
of a dispute regarding online entry, entry will be deemed
made by the holder of an established e-mail account associated
with the entry.
19. RELEASES: By participating in this
contest and accepting any prize that they may win, entrants
agree to release Swan Productions Inc , its parent, subsidiary,
affiliated and successor companies, advertising and promotion
agencies and prize suppliers, and each of their respective
officers, directors, agents, representatives and employees,
as well as each of their respective successors, representatives
and assigns (collectively, the “Released Parties”)
from any and all actions, claims, injury, loss or damage
arising in any manner, directly or indirectly, from participation
in this contest and/or acceptance or use of the prize.
Entrants authorize the Released Parties to use their name,
voice, likeness, biographical data, city and province
of residence and entry materials in promotional material
and for advertising, public relations and editorial purposes
in any media, worldwide, in perpetuity, or on a winner’s
list, if applicable, without further compensation unless
prohibited by law. Sponsor is not obligated to use any
of the above-mentioned information or materials, but may
do so and may edit such information or materials, at Sponsor’s
sole discretion, without further obligation or compensation.
20.Except where prohibited by law, winners
will be required to complete and return an Affidavit of
Eligibility/Ownership/Liability Release, Publicity Release,
and License of entry photograph(s) within three (3) days
of notification or the entry with the next highest score
may become an alternate winner. If winner notification
is returned as undeliverable, the entry with the next
highest score may become an alternate winner. Subject
to all Canada, federal, province and local laws and regulations.
Void where prohibited. Taxes on prizes are the sole responsibility
of the winners. Finalists will each receive an invoice
form in the amount of the actual retail value of the prize.
The Finalists’ and Grand Prize winner’s names
will be posted on www.thebabyandtoddlerguide.com
after March 30, 2011.
21. For Quebec residents, any litigation
respecting the conduct or organization of a publicity
Contest may be submitted to the Régie des alcools,
des courses et des jeux du Québec for a ruling.
Any litigation respecting the awarding of a prize may
be submitted to the Régie only for the purpose
of helping the parties to reach a settlement. Any applicable
decision to be made by Contest Sponsors affecting the
conduct of this Contest are subject to a ruling of the
Régie des alcools, des courses et des jeux du Québec.
22. By entering the contest, entrant holds
harmless The Baby and Toddler Guide, Swan Productions
Inc and their respective parent, subsidiary, and affiliate
companies or operating divisions, from any liability whatsoever
for any claims, costs, injuries, losses, liability, actions
or damages of any kind or in connection with: (1) entering
contest (2) acceptance of any prize or (3) anything related
to the contest and the awarding of prizes. Any claims
relating to this contest shall be governed by Canada law
without regard to its conflict of law rules, and any such
claim must be heard in Canada.
23. If any provision of these Rules is found
to be invalid or unenforceable by a court of competent
jurisdiction or appointed arbitrator, such determination
shall in no way affect the validity or enforceability
of any other provision herein.
24. No telephone calls, please.