cutest baby face-off

 

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DISCOVERY HEALTH
CUTEST BABY FACE-OFF CONTEST
OFFICIAL RULES

PLEASE READ THESE OFFICIAL RULES CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU ENTER THE CUTEST BABY FACE-OFF CONTEST.

BY ENTERING THE CUTEST BABY FACE-OFF CONTEST YOU SIGNIFY YOUR AGREEMENT TO THESE OFFICIAL RULES. IF YOU DO NOT AGREE TO THE OFFICIAL RULES, YOU MAY NOT ENTER IN THE CONTEST.

OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ("U.S.") AGED 21 YEARS OR OLDER, WHO ARE THE PARENT/LEGAL GUARDIAN OF A CHILD WHO IS NO MORE THAN EIGHTEEN (18) MONTHS OF AGE AT TIME OF ENTRY.

VOID WHERE PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY: Open to any legal U.S. resident who is 21 years of age or older and who is the parent/legal guardian of a child who is not more than eighteen (18) months of age at time of entry. Employees, officers and directors of Discovery Communications, LLC ("Sponsor"), Promotion Mechanics, Inc. ("Promotion Administrator"), their parent companies, subsidiaries, affiliates, TV production partners, advertising agencies, promotional suppliers and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals (collectively, "Contest Entities") are not eligible. All applicable federal, state, and local rules apply. Void in Puerto Rico and where prohibited or restricted by law.

2. TO ENTER: The Baby Madness Contest ("Contest") begins at 12:01 AM Eastern Time ("ET") on February 14, 2011 and ends at 11:59 PM ET on February 28, 2011. To enter, send an email to BabyPhotoSubmissions@gmail.com in which you provide the name, street address, city, state, zip code, daytime and evening telephone numbers and e-mail address of both of your baby's parents and your baby's name and date of birth. Attach to the email one (1) digital photo of your baby eighteen (18) months of age or younger ("Photo"). Submit your entry so that it is received by Sponsor's server by 11:59 PM ET on February 28, 2011. Note that while submitting a Photo is required for entry, the Photo will not be judged nor will it be used to determine the Contest finalists. Limit one (1) entry per baby (or per set of twins/triplets, etc. if applicable). Multiple entries will disqualify all such entries. The term "baby" shall refer to a single child or collectively to twins, triplets or other multiples, as applicable.

The Photo must [a] be an original non-published work and cannot have been taken by a professional photographer, and [b] be the sole property of entrant and entrant must have all rights to reproduce and distribute the Photo submitted. For the avoidance of doubt, entrant must own or have the right to convey any and all right, title and interest in and to the Photo. Submitting a photo that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you. Entrants must be able to supply additional photo(s) upon request.

Additional Submission Guidelines: 

  • Photo must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly though any means.
  • Photo must not contain any individuals other than the featured baby.
  • No party other than parent/legal guardian may have any right or title in or to the Photo or any portion thereof.
  • Parent/legal guardian must have all rights necessary to submit the Photo in the Contest in accordance with these Official Rules.
  • Photo may not contain brand names or trademarks, promote any good or service, or contain any images, artwork or other materials not created by entrant.


All entries become Sponsor's property and will not be returned. Contest Entities will not be responsible for lost, late, illegible, incomplete, misdirected, damaged, destroyed or mutilated entries, or for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft, destruction, unauthorized access to or alterations of entry materials or failures in transmission of e-mail entries. Parents/legal guardians and babies shall not receive any compensation or credit for use of a Photo other than that disclosed in these Official Rules.

In consideration of participating in the Contest, each entrant unconditionally and irrevocably assigns and transfers to Sponsor all right, title and interest in and to the Photo, including, without limitation, the copyright and other rights therein, and upon Sponsor's request, will execute any documents necessary to effectuate such ownership. For the avoidance of doubt, by entering the Contest, entrants grant Sponsor the royalty-free, irrevocable, perpetual worldwide right and license to use, reproduce, copy, publish, display, distribute, broadcast, perform, translate, adapt, edit, modify and otherwise exploit the Photo in any way, in any and all markets, in any and all media now known or hereafter devised without limitation and without notice, consideration or compensation to the entrant. Entrants represent and warrant that they have the sole and exclusive right to grant such rights to Sponsor, and that its reproduction, publishing, displaying and/or other use or exploitation of the Photo will not infringe on any rights of any third party.

3. FINALIST SELECTION & NOTIFICATION: On or about March 1, 2011, the Promotion Administrator, an independent organization, will conduct a random drawing from among all eligible entries received to select sixteen (16) potential finalists whose Photos will be posted at www.discoveryfitandhealth.com ("Site") as part of the Baby Madness competition. Potential finalists will be notified by e-mail and/or phone immediately following the random drawing. As a condition of officially being named a finalist, both parents of the baby in the Photo must sign and return, within forty-eight (48) hours of delivery to such entrant's email address identified on the entry submitted by the baby's parent or legal guardian, an affidavit of eligibility, release of liability and, if legally permissible, publicity form and/or other documentation as required by Sponsor. Inability to contact a potential finalist within twenty-four (24) hours from the first attempted notification and/or the return of any documentation as undeliverable will result in the prize being forfeited and an alternate potential finalist will be selected at random from the remaining eligible entries.

4. PUBLIC VOTING PERIOD & WINNER SELECTION: The Photos submitted by the sixteen (16) finalists will be posted at the Site on or about March 14, 2011 for a period of public voting which will end at 11:59 PM ET on April 10, 2011 ("Public Voting Period"). During the Public Voting Period, visitors to the Site will be asked to vote for their favorite Photo. Limit one vote per person/email address per day. Voting is subject to IP address verification. Votes generated by script, macro or other automated means will be void. Automated voting detection could be cause for disqualification.

At the end of each week during the Public Voting Period, one Photo in each bracket will advance to the next bracket based on which of the two Photos in each bracket received the most votes. The Photo that receives the most votes in the last bracket competition will be deemed to be the Grand Prize winner. The Grand Prize winner will be notified by phone and/or e-mail on or about April 11, 2011.

In the event of a tie at any level, a random drawing will be conducted among the tied finalists to determine which Photo will advance to the next bracket. Decisions of Sponsor and Promotion Administrator are final in all matters relating to this Contest and are not open to appeal.

5. PRIZE: One (1) Grand Prize: winner's Photo will be featured online at the Discovery Health website and/or within http://discoveryfitandhealth.com, at Sponsor's sole discretion. There is no approximate retail value ascribed to this Grand Prize. Winner agrees to grant Sponsor: [a] all rights of ownership, reproduction and use of the spot ("Recording") for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-fee, worldwide right, in all media (now known or later developed) to use, publish, alter or otherwise exploit Recording; and [b] use of name, likeness, voice, statements, address (city and state only) and/or photographs/video for advertising, publicity and promotional purposes in all media, including but not limited to on air and within Sponsor's website, without compensation (unless prohibited by law) and agree to execute specific consent to such use in writing if asked to do so. Winner further agrees that Sponsor may elect, in its sole discretion, to not use the Recording or to use only a portion of the Recording. Neither the winner nor other party now or hereafter having an interest in the Recording shall have any right or action against the Sponsor or any other party arising out of any use of the Recording. Winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes and any additional fees associated with the prize.

6. "BABY OF THE DAY" SELECTION & NOTIFICATION: Following the selection of the sixteen (16) Finalists, the Promotion Administrator will conduct a random drawing from among all remaining eligible entries to select twenty (20) runners-up whose entry photos will be featured as a "Baby of the Day" within Discovery Health's Baby Week Content. Potential "Baby of the Day" entrants will be notified by e-mail and/or phone immediately following the random drawing. As a condition of officially being named a "Baby of the Day" entrant, both parents of the baby in the Photo must sign and return, within forty-eight (48) hours of delivery to such entrant's email address identified on the entry submitted by the baby's parent or legal guardian, an affidavit of eligibility, release of liability and, if legally permissible, publicity form and/or other documentation as required by Sponsor. Inability to contact a potential "Baby of the Day" entrant within twenty-four (24) hours from the first attempted notification and/or the return of any documentation as undeliverable will result in the prize being forfeited and an alternate "Baby of the Day" entrant will be selected at random from the remaining eligible entries. Each "Baby of the Day" photo will be featured in the Baby Week content for one 24-hour period (selected by Sponsor in its sole discretion) on a week day during the period of March 14, 2011 through April 10, 2011. Baby of the Day photos will also be featured on the Site weekdays through the Baby Madness promotion.

7. GENERAL CONDITIONS: By participating in the Contest, each entrant, on behalf of himself/herself, and his/her executors and heirs, agrees [a] to be bound by and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and not open to appeal; [b] to release, indemnify, defend and hold harmless Contest Entities and its and their respective directors, officers, employees, subsidiaries, affiliates, agents, partners, representatives, suppliers, divisions, agencies, successors, assigns, licensors and advertising, promotional, or judging agencies, and any and all prize suppliers ("Released Parties"), from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrant's privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Contest), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"), whether or not arising from the negligence of a released party; and [c] to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning entry into and participation in the Contest.

The Contest Entities reserve the right to terminate, cancel, suspend and/or modify the Contest or any portion thereof without liability and without prior notice if any factor interferes with its operation as contemplated by these Official Rules, including but not limited to any fraud, virus or other technical problem which corrupts the administration, security, or proper operation of the Contest. CAUTION: ANY ATTEMPT BY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of automated or third party software or another web site not approved by Sponsor in order to enter or vote in this Contest is prohibited. Any questionable activity that increases votes for a submission will result in disqualification or similar action. Sponsor reserves the right, in its sole discretion, to disqualify any participant who is suspected of tampering with the submission, voting or selection process. Notwithstanding anything to the contrary contained in these Official Rules, Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest, or any portion thereof, if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud; malicious software attacks, bugs or other problems, or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupt the administration or security of the Contest. In such event, the Contest shall be conducted from among all eligible entries received, if any, prior to suspension, modification or cancellation, if any, prior to the date on which the event that compromised the Contest occurred as follows: the winners will be selected in a random drawing from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor, in which event, notice will be posted on the Site. Without limiting the foregoing, any winners, on behalf of themselves, their executors, heirs and assigns, by acceptance of a prize or reward, agree to release the Released Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, ownership or use of a prize or while preparing for, participating in or traveling to and/or from any prize-related activity or otherwise. Failure to comply with the Official Rules will result in disqualification. An entrant's entry will be disqualified, at the sole discretion of Sponsor, if he/she attempts [a] to enter the Contest through any means other than described in these Official Rules; or [b] to disrupt the Contest, circumvent the terms and conditions of these Official Rules, or in any way tamper with any component of the Contest. This Contest is governed by the laws of the State of Maryland, with jurisdiction and venue in Montgomery County, Maryland, and all claims must be resolved in the courts of Montgomery County, Maryland.

8. WINNER LIST:To receive the winner's name, mail a self-addressed, stamped envelope to be received by April 30, 2011, to: Baby Madness Contest Winner, PMI Station, PO Box 750, Southbury, CT 06488-0750.

Sponsor: Discovery Communications, LLC, One Discovery Place, Silver Spring, MD 20910.

Promotion Administrator: Promotion Mechanics, Inc., 87 South Main Street, Newtown, CT 06470.

© 2010 Discovery Communications, LLC

 
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