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The Babies of 2012 Photo Contest Official Rules
Void where prohibited by law.
1.) Sponsor. The Babies of 2012 Photo Contest (the “Contest”) is sponsored by DIG! Digital Impact Guides (“Sponsor”) located at 1720 Fifth Avenue, Moline, IL.
2.) Eligibility: The Contest is open only to participants (sometimes referred to as “contestant” or “entrant”) who, as of the entry date, are 18 years old or older and are legal residents of Minnesota and live within 50 miles of the Rochester Post Bulletin, 18 First Ave. S.E., Rochester, MN. (the “Contest Area”). The Contest is void in all other jurisdictions and where prohibited or restricted by law. Employees, officers, managers, and directors of Sponsor, UPICKEM, Inc. (“UPICKEM”), and their respective subsidiaries, affiliates, advertising and promotional agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same house (whether related or not) of each such employee, officer, manager and director, are not eligible to enter. The Contest, and any website pages and advertisements relating thereto, is intended for viewing within the jurisdictions where the Contest is offered and participants must be present in the Contest Area at the time they enter or win a Prize. Only one (1) prize will be awarded per household and/or family by Sponsor for all contests or sweepstakes managed by Sponsor within a ninety (90) day period.
3.) Contest Entry Period: The “Contest Entry Period” begins at 3:17 p.m. Central Time (CT) on December 19th, 2012 and ends on March 1st, 2013 at 5 p.m. OR until submissions reach a limit of 1,000, whichever comes first (the “Entry Deadline”). Sponsor’s (or its designee’s) computer is the official time-keeping device for the Contest.
4.) How to Enter:
a. To enter, go to [http://rochester.upickem.net/engine/Welcome.aspx?contestid=78744] during the Contest Entry Period and follow the links and instructions to submit your entry information. Each entrant must completely fill out the online entry form in accordance with the on-screen instructions. ALL entries must be submitted online. Mailed or hardcopy entries will not be accepted. All entries (including Photo submissions) must be received by Sponsor during the Contest Entry Period. Failure to submit all required information and submissions in the manner required in these Official Rules may result in disqualification. Entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. (Limit: One (1) entry/Photo per person. Duplicate entries will result in disqualification.)
b. Each entrant is required to submit to Sponsor an original photo (the “Photo”) and may submit more than one Photo. Each Photo must be in good taste, must depict one subject, must depict a subject that has not appeared in any Photo submitted by a prior entrant, and must comply with these Official Rules.
c. All submissions in the Contest (and all components of such submissions) by an entrant must be the entrant’s own originally created work or comply with subsection (i) of this Paragraph 4(c). By entering the Contest and submitting a Photo to Sponsor, each entrant represents, acknowledges, and warrants (i) that the entrant is the copyright owner of the Photo or has a written authorization from the copyright owner granting the entrant all right, title, and interest in the Photo, including, but not limited to, the right to enter the Photo in this Contest and grant to Sponsor all rights necessary to use the Photo in accordance with Paragraph 8. (ii) that the entrant has granted to the Sponsor an irrevocable license to publish, republish, distribute and copy the edited Photo an unlimited number of times in any print, electronic or other medium, and (iii) that the entrant has obtained from anyone identified or depicted in the Photo (or the parent or guardian of any child identified or depicted) all permission necessary to grant the Sponsor the foregoing license. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as an entrant’s original creation. Each submission must be in keeping with the Sponsor’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights or any other third party rights. Sponsor reserves the right, in its sole discretion, to disqualify any entry that fails to meet the requirements set forth in these Official Rules, that is inappropriate, or not in keeping with Sponsor’s positive image. Any submission that does not comply with any aspect of these Official Rules will be rejected by Sponsor and the entrant will be disqualified.
5.) Selection of Winners; Ties; Notification, and Acceptance. Winners will be selected based on popular vote determined by the number of votes received from the public via online voting. Each registered user is allowed to vote three times per day's during the duration of the contest. Votes will be verified at the end of the contest to be sure they are eligible. Baby submissions that are mailed or emailed in will be added to the online gallery for the voting period. One (1) First Prize winners and up to two (2) second prize winners will be selected from those contestants that comply with these Official Rules and receive the highest number of votes cast by the public via online voting. In the event of a tie, Sponsor will impanel a panel of independent judges that are not employees or agents of Sponsor to break the tie using criteria that the judges determine, in their sole discretion, are most appropriate.
Entrants selected as potential winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winners will be notified by phone or email. If a potential winner is not present at the time of the notification and a telephone message or email can be left by Sponsor at that time, he/she will have forty-eight (48) hours to accept the prize by returning Sponsor's call at the number provided by Sponsor or returning an email at the email address provided by Sponsor. The potential winner will be required, within 30 days of being notified, to execute and return to Sponsor the following in order to claim his/her prize (collectively, the “Acceptance Documents”): (i) an Affidavit, Waiver, and Release, (ii) IRS Form W-9, if required by law, and (iii) any other prize acceptance documents in the form(s) provided by Sponsor. The Acceptance Documents must be returned to Sponsor by the date and/or time indicated by Sponsor.
If a telephone message or email cannot be left by Sponsor at a potential winner’s phone number or email address when the Sponsor places the notification call or email, or if the potential winner does not return the notification call or email within forty-eight (48) hours of Sponsor’s first attempt to contact the potential winner by telephone or email, or if the potential winner fails to return the Acceptance Documents within the specified time, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner will be disqualified and an alternate potential winner selected by Sponsor in his/her place based on results of the online voting. In such event, an alternate potential winner will be notified by Sponsor by telephone or email as described above and will be required to return the required documents to Sponsor as described above; however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Contest schedule, and due to such schedule and timing, Sponsor may be unable to award the prize with respect to the disqualified potential winner. Sponsor is not responsible for the failure of a potential winner to receive Sponsor’s telephone or email message or the Acceptance Documents for any reason, or for the inability of such potential winner to return Sponsor’s telephone or email message or the Acceptance Documents for any reason.
Winner agrees that he/she will not conduct or participate in any media interview regarding this Contest or any prize without the express prior written permission of Sponsor. Winner further agrees to collect his or her prize(s) within 30 days of being declared a winner or the prize will be forfeited. Sponsor reserves the right not to select winners in this Contest if none of the entries meet the Photo guidelines and Photo Criteria set forth in these Official Rules.
6.) Agreement to Official Rules and Decisions. By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decision of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of winners, and the awarding of prizes), the results of the online voting , and in the event of a tie, the decision of the judges. All decisions are final and non-appealable and binding in all respects.
7.) Prizes. A total of up to three (3) prizes will be awarded in this Contest; one (1) prizes to the First Prize winners and two (2) prizes to Second Prize winners. LIMIT: One (1) prize per person; One (1) prize per household. PRIZE MUST BE ACCEPTED AS AWARDED, AND PRIZE IS AWARDED “AS IS” WITH NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, MADE BY SPONSOR OR FOR WHICH SPONSOR MAY BE LIABLE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. All costs and expenses not specified herein related to the prize or the award, acceptance or use thereof, including but not limited to transportation costs, lodging, meals, beverages, taxes (including income taxes), gratuities, insurance, healthcare expenses, surcharges and other expenses incurred with respect to the award, acceptance and use of the prize are the sole responsibility of the prize winner. A prize is non-transferable and non-assignable, and it is not refundable. No cash or other substitution may be made, except by Sponsor. Prize winner is fully responsible for any and all applicable federal, state and local taxes and assessments associated with prize award, receipt and use. If required by law, winners will be required to complete an IRS Form W-9 and in connection therewith will receive a 1099 IRS tax form for the value of the prize as stated in these Official Rules.
8.) Copyright & Publicity Release. Each entry and related submissions, including, without limitation, the Photo, all Contest concepts and ideas embodied therein, becomes the exclusive property of Sponsor, and will not be returned by Sponsor. I hereby acknowledge that my being allowed entry into the Contest is sufficient consideration from Sponsor for the property rights, intellectual property rights, and publicity rights granted by me to Sponsor herein. I hereby grant to Sponsor its successors and assigns, licensees and designees an exclusive perpetual, irrevocable, world-wide and fully-transferable royalty free right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit and to use the my entry and submissions (or any part thereof), including the Photo for any promotional purpose in any manner or media whether now or hereafter existing and/or to otherwise use and commercially exploit any entry or submission (or any part thereof) or information or ideas contained within any entry or submissions, all without further payment, consideration, attribution, notice or consent. Sponsor shall have no obligation to maintain any of the entries or submission, or any information or ideas contained therein, as confidential or proprietary. Sponsor reserves the right to edit, modify, or abridge any such entry or submissions for any reason prior to use.
Except where prohibited by law, participation in the Contest constitutes entrant’s consent and I hereby do consent and irrevocably grant to Sponsor, and Sponsor’s successors’, assigns’, licensees’ and designees’ the unrestricted, absolute, perpetual, worldwide right and license to us my name, address, likeness, voice, biographical and personal background information, statements, opinion, and, without limitation, any notes, photograph, film, or video or audio tape that may be taken of me or of such materials, regardless of whether or not I’m declared a potential winner or winner (the foregoing, collectively, the “Content”) for promotional or other purposes in any manner or media, including, without limitation, print publications, television, radio broadcast, or online publication via the Internet worldwide, in perpetuity, and without further notice, payment, consideration or consent.
9.) General Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, such as, but not limited to, the use of computer generated programs or other means to submit multiple votes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have an obligation) in its sole discretion to award the prizes based on the above voting criteria from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10.) Release and Indemnification. By entering, I on behalf of myself, my heirs, executors and administrators, and any other person(s) who may take by or through me, hereby release, forever discharge and agree to indemnify and hold harmless the sponsor and all of their respective parent companies, subsidiaries, affiliates, advertising and promotional agencies, affiliates, contest partners (including Upickem), prize suppliers and each of their officers, directors, managers, employees, agents, shareholders, and advisors (collectively, “Released Parties”), from and against any liability for any and all claims, demand, losses and liabilities of any nature whatsoever which I may now or hereafter be entitled to assert, whether based on contract, strict liability, negligence, or any other legal theory or claim, including, but not limited to, any death, injury, loss of enjoyment, property damage, or other harm or loss of any nature, any claims based on publicity rights, privacy rights, personality rights, copyrights, “moral rights,” or defamation, and any and all taxes levied, assessed or collected, whether caused by, contributed to, arising out of, or otherwise related to the contest, the prize, or my possession, acceptance, use, or misuse thereof, or my other acts or omissions in connection therewith.
Entrant further agrees and I hereby do agree to defend, indemnify and hold harmless the Released Parties from any and all claims, actions, losses, expenses, damages, or other liabilities (including reasonable attorneys’ fees) incurred by or assessed against any of the Released Parties arising out of or relating in any way to any statements or representations made by me in my Contest submission or entry or infringement of the intellectual property rights of any third party by my submission of the Photo, entry, or submission for this Contest.
11.) Limitations of Liability. NEITHER SPONSOR NOR UPICKEM IS RESPONSIBLE FOR: (A) INCORRECT OR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION OR LATE, LOST, STOLEN, UNINTELLIGIBLE, ILLEGIBLE, DAMAGED, MUTILATED, ALTERED, INCOMPLETE, MISDIRECTED ENTRIES OR ENTRIES RECEIVED THROUGH IMPERMISSIBLE OR ILLEGITIMATE CHANNELS, ALL OF WHICH WILL BE DISQUALIFIED; (B) TECHNICAL FAILURES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE MALFUNCTIONING OF ANY TELEPHONE, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, WEB SITE, SERVER PROVIDER, NETWORK, HARDWARE OR SOFTWARE; (C) THE UNAVAILABILITY OR INACCESSIBILITY OF ANY TELEPHONE, MAIL, WEBSITE OR SERVICE; (D) UNAUTHORIZED INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (E) PRINTING, TYPOGRAPHICAL, ELECTRONIC OR HUMAN ERRORS WHICH MAY OCCUR IN THE OFFER OR ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES; (F) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY, INCLUDING BUT NOT LIMITED TO ENTRANT’S COMPUTER, WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE CONTEST, OR FROM VIEWING, PLAYING OR DOWNLOADING ANY MATERIAL FROM SPONSOR’S OR UPICKEM’S WEB SITE(S), REGARDLESS OF WHETHER THE MATERIAL WAS PREPARED BY SPONSOR OR A THIRD PARTY, AND REGARDLESS OF WHETHER THE MATERIAL IS CONNECTED TO SPONSOR’S OR UPICKEM'S WEB SITE(S) BY A HYPERTEXT LINK; OR (G) ANY AND ALL LIABILITY, LOSS, DAMAGE, COST OR CLAIM RELATED TO THE ACCEPTANCE, USE, OR MISUSE OF THEIR PRIZE.
12.) Disputes. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court in Rock Island, Illinois; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Illinois for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Illinois, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
13.) Data Collection. Sponsor collects personal information from entrants when they enter the Contest. The information collected from contestant is subject to the Privacy Policy of Sponsor found at http://rochestermn.com/landing_page/privacy_policy.
14.) Winner’s List. To request a list of winners, send a self-addressed postage-stamped envelope to DIG! 1720 Fifth Avenue, Moline, IL, 61265 c/o Contest Manager. Requests must be received prior to March 1st, 2013. The Contest and all of the related pages, contents and code are copyright of Sponsor. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
15.) Sponsor reserves the right to change the rules at any time.
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