GET IN THE BABY ZONE! CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING
1. SPONSOR: Disney Online, 500 South Buena Vista St., Burbank, CA 91521, is solely responsible for all aspects of this contest ("Contest").
2. ADMINISTRATOR:Ventura Associates International LLC, 1040 Sixth Avenue, New York, NY 10018, an independent judging organization whose decisions are final and binding with respect to this contest ("Contest").
3. ENTRY/DETERMINATION OF WINNERS: As a registered member ("Member") of BabyZone.com ("Website"), you may enter this Contest during the period commencing at 12:01 A.M., April 10th and ending at 11:59:59 P.M., May 15th ("Entry Period"), by uploading a photo entry described as follows ("Photo"): [1] less than 3MB in file size; [2] in jpg format. [3] with title; [4] with brief story about the Photo not to exceed 1,000 characters ("Story") and [5] in one of three following categories (individually, "Category"): (a) Pregnancy (b) Baby and (c) Toddler (collectively, "Entry"). You may enter three different Photos and Stories. The winning Entry from each Category will be selected by a panel of judges ("Panel") from all valid Entries received by applying the following judging criteria: 60% for originality and 40% for relevance to subject of Category (collectively, "Judging Criteria"). The Panel's decision is final.
The general public will be given the opportunity to vote on all eligible Entries during the Entry Period ("Voting"). One can vote by logging on to the Website and following the instructions to vote for his/her favorite Entry ("Vote"). Limit: one Vote per person/email address ("Address") per day for each Entry. The top three eligible Entries that receive the highest number of valid Votes during the Entry Period will be determined as the potential three (3) Voters Choice winners (one per Category) pending verification. Sponsor reserves the right to disqualify any Votes that are cast in violation of these official rules ("Rules"), to achieve an unfair advantage or by robotic means of any sort.
If you are not already a Member, you may easily register to become a Member for free through the link on the Website: "http://contest.disney.go.com/babyzone/get-in-baby-zone-story-contest/", by filling out the simple Registration Form. Only a valid Address will be accepted for registration, as determined solely by Sponsor. Upon becoming a Member by registration, you may then enter this Contest by following the above instructions.
For purposes of these Rules, all times and days are Pacific Time and Sponsor's computer is the official time keeping device. Normal internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify Sponsor in writing if you change your Address. The selection of a winner and awarding of the prize is subject to the eligibility and forfeiture provisions set forth below.
4. LICENSES AND REPRESENTATIONS: "Entry Materials" include: [1] all information and material submitted by you in connection with this Contest, including the Entry and all other forms, contracts or releases required to be submitted by you as a contestant, whether required by Sponsor prior to or after Entry; [2] your name, likeness, image and biographical data as contained in or reflected by the Entry and [3] all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with this Contest, whether submitted to Sponsor or not, including the Entry.
All material owned by Sponsor or its respective parent, subsidiary, affiliated and successor companies; the sponsoring, administering, advertising, promotional and fulfillment agencies of each of them (individually and collectively, "Entities"), including but not limited to any copyright, trademark, picture, logo, title art or other intellectual property, shall remain their respective property and you shall acquire no rights therein by virtue of this Contest.
Except as specifically provided herein, by entering this Contest, you hereby grant to Sponsor, its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Entry Materials, in whole or in part, in all media formats and channels now known or hereafter devised (including on Sponsor's websites, on third party web sites, on Sponsor's broadcast and cable networks and stations, on Sponsor's broadband and wireless platforms, products and services, on physical media, and in theatrical release), for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity ("Submissions License").
By submitting the Entry Materials for an Entry in this Contest, you represent and warrant to Sponsor that: [1] you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize the Entities to exploit, such Entry Materials in all manners contemplated by the TOU and these Rules (including the Submissions License); [2] no person or entity other than you has any right, title or interest in and to any part of the Entry Materials and [3] you are not subject to any agreement or arrangement that would interfere with your entering this Contest and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder. The TOU and these Rules (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to the Entry Materials.
By submitting the Entry Materials for an Entry in this Contest, you further represent and warrant to Sponsor that the Entry Materials and everything depicted therein: [1] conform to the Website's terms of use ("TOU") and these Rules; [2] are original and do not originate from a magazine, newspaper or other commercial or proprietary source; [3] have not previously been submitted in a sweepstakes or contest of any kind or exhibited or displayed publicly through any means; [4] do not contain material which is (or promote activities which are) defamatory, libelous, abusive, harassing, threatening, an invasion of a right of privacy of another person, bigoted, hateful, racially offensive, discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), vulgar, obscene, pornographic or otherwise sexually explicit, harmful or can reasonably be expected to harm any person or entity, profane, offensive or otherwise objectionable as determined by Sponsor in its sole discretion; [5] do not contain material which is (or promote activities which are) illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them (including Entry Material that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, underage drinking, drug dealing and/or drug abuse, harassment, computer hacking, theft, or conspiracy to commit any criminal activity) or otherwise unlawful as determined by Sponsor in its sole discretion; [6] do not infringe, contain intellectual property that infringes (e.g., trademarks, logos, insignia, location signage, photographs, artwork, sculptures, props, costumes, backgrounds or other material), or otherwise violate any right of a third party including:
(a) copyright, patent, trademark, trade secret or other proprietary or contractual rights, (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; [7] are not commercial, business-related, advertisements or offers to sell any products or services (whether or not for profit), do not solicit others (including solicitations for contributions or donations); [8] do not contain viruses or other harmful components, or otherwise tamper with, impair or damage Sponsor's websites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Sponsor's websites and [9] generally pertain to the designated topic or theme of this Contest, do not violate any specific restrictions applicable to a public forum on the Website, including its age restrictions and procedures, and are not antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet.
To the extent that Sponsor requires the use of and directly provides Sponsor's copyrighted works (in whole or in part) to you for use in an Entry, Sponsor hereby grants you a non-exclusive, non-transferable, non-sublicenseable right and license, during this Contest to create a derivative work using Sponsor's copyrighted works (in whole or in part) as required (but only as required, and solely for the purpose of creating your Entry); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to Sponsor. If such rights are not assigned to Sponsor, your license to create derivative works using Sponsor's copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Entry is selected as a winner, you receive a prize, or the Entry Materials are used by Sponsor. You shall not permit any other person or entity to access, use, edit, revise or create any derivative works from Sponsor's copyrighted works made available to you for use in an Entry. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices on Sponsor's copyrighted works made available to you for use in an Entry.
Sponsor may, in its sole discretion, disqualify and remove any Entry or contestant that Sponsor deems to be in violation of these Licenses and Representations at any time.
5. LIMITATIONS: Entries are limited to three (3) Entries per person/Address (regardless of whether one person has more than one Address or more than one person uses the same Address). In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth in Paragraph 3 above are void. Any use of automated or programmed methods of effecting Entry is prohibited.This Contest is open only to Members in compliance with the TOU who are legal residents physically located within the 50 United States or District of Columbia (the "Territory") and who are not minors at the time of Entry (as defined by state of primary residence, "Minor"). Employees, consultants, independent contractors, agents or interns who have, within the past six months, performed services for any of the Entities, their household members and immediate family members, are not eligible to participate in this Contest. "Household members" shall mean people who share the same residence at least three months a year. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses
Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for inaccurate or incomplete capture online of Contest Entry information (including the Official Entry Form); lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in your email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees
Each of such potential Entries will be disqualified; and any attempt by a person to use multiple Addresses or identities to register more than once may result in disqualification at Sponsor's sole discretion. Sponsor is not obligated to communicate with any contestant during the duration of this Contest. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. Please review these Rules and the TOU carefully; however, in the event of a conflict between these Rules and the TOU, these Rules will control. Sponsor may, in its sole discretion, disqualify and remove any Entry or contestant that Sponsor deems to be in violation of these Limitations at any time
6. PRIZES:PRIZES: THREE (3) GRAND PRIZES (one per Category): Three (3) EDITOR'S CHOICE GRAND PRIZES: check for $1,000 (approximate retail value ["ARV"): $1,000). THREE (3) VOTERS' CHOICE PRIZES (one per Category): check for $500 (ARV: $500). Total ARV of all prizes: $4,500.
Limit one prize per person/Address. Prizes are awarded as checks and are not transferable. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. Sponsor will not replace any lost or stolen prize. The prizes cannot be used in conjunction with any other promotion or offer. The prize award is subject to Sponsor's verification of eligibility and compliance with the TOU and these Rules. All prizes will be awarded, provided a sufficient number of eligible Entries are received and they are validly claimed by July 30, 2012, after which no alternate winners will be selected, nor unclaimed prizes awarded.
7. PROCEDURES:Entries will only be accepted during the Entry Period. On or about May 29, 2012, the three (3) potential Grand Prize winners will be selected by the Panel from all eligible Entries received on the basis of the Judging Criteria, and the three (3) potential Voters' Choice winners will be determined from all eligible Votes.
8. WINNERS: Each potential winner will be notified by email on or about May 30, 2012. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within three (3) business days after its transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any prize as undeliverable; [4] potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [5] potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) business days after it is mailed; [6] potential winner's failure to claim any prize within four (4) business days after it is sent; [7] potential winner's failure to validly claim any prize by July 30, 2012 and [8] any other non-compliance with these Rules or the TOU. In the event of a prize forfeiture, Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes, expenses, costs and fees associated with the receipt or use of any prize are solely the responsibility of each winner; and the Grand Prize winner will receive an IRS Form 1099 reflecting the final actual value of the prize.
9. TIED ENTRIES: In the event of a tie in the Voting or in the Judging, tied Entries will be re-judged by the Panel using one or more of the Criteria listed above.
10. PRIVACY POLICY/DATA COLLECTION : All personal information provided by you for this Contest is subject to Sponsor's privacy policy located at http://disney.go.com/corporate/privacy/pp_wdig.html.
11. CONDITIONS : By submitting the Entry Materials for an Entry in this Contest and/or accepting any prize you may win, you agree that: [1] you will be bound by the TOU, Rules and Sponsor's decisions, which shall be final and binding in all respects; [2] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry, selection or use of an Entry or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in this Contest or in any Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information; [3] the Releasees do not make any representation, warranty, or guarantee, express or implied, relating to this Contest or the prizes; [4] winner's acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information, statements about the Contest and/or live and taped performances of interviews for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [5] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of this Contest, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify these Rules, Entry mechanisms for this Contest (including the systems used to conduct the Entry and selection process), the Entry Period and prize award procedures or to cancel, modify, terminate or suspend this Contest; and in such event, to select the winners by such method as Sponsor in its sole discretion shall consider equitable; [6] the Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including but not limited to: errors in advertising, Rules, selection and announcement of the winners and distribution of the prizes; [7] any portion of any prize not accepted or used by any winner will be forfeited; [8] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [9] Sponsor has the right, at any time in its sole discretion, to disqualify any individual it suspects: to be doing any of the following: (a) tampering or attempting to tamper with the Entry process or the operation of this Contest or the Website; (b) violating these Rules; (c) violating the TOU, privacy policy or any other terms, conditions of use and/or general rules or guidelines of any Contest property or service; (d) acting in bad faith, in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) for any other good cause as determined solely by Sponsor; [10] since any attempt by any individual to deliberately undermine the legitimate operation of this Contest is a violation of these Rules as well as criminal and civil laws, and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [11] all disputes, claims and causes of action at law or in equity (individually, a "Claim") arising out of or relating to this Contest, the meaning or interpretation of these Rules or a prize to be awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [12] any Claims shall be resolved individually, without resort to any form of class action and [13] any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall include attorneys' fees, and under no circumstances will any contestant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and all rights to have damages multiplied or otherwise increased
12. RULES & WINNERS' LIST: For names of winners (after May 30, 2012, and/or Rules (before May 15, 2012), send a self-addressed, stamped envelope to: Get In The BabyZone Contest Winner's List Requests, c/o Ventura Associates, Dept. VP, 1040 6th Ave., NYC, NY 10018, designating either winners' list or Rules. Winners' first names, initial of last names and city of residence will be posted on the Website on or about June 15, 2012.
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