2011 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, 2011, and
ends January 30, 2012 (the “Entry Period”).
Entries must be received by 11:59 p.m, ET. on January
30, 2012. 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unpublished and may not have won any prize or award.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 January
30, 2012 , 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 February 10th, 2012, 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 February 20th, 2012,
at 11:59 p.m., ET., two (2) additional non-professional
photos of the child entered, taken between February
10th, 2012, and February 20th, 2012. These images
would/could be posted on ww.thebabyandtoddlerguide.com
Second Round - on
or about February 22, 2012, 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 February 28, 2012, 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
March 18th, 2012. 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 Productions 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, 2012.
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.