2009 Babytalk/Good Morning America Cover Contest Rules
1. NO PURCHASE NECESSARY TO ENTER OR WIN. Purchasing will not increase your chances of winning.
2. Contest open to legal residents of the 50 United States and Washington, D.C., except employees (and their families) of Babytalk magazine, The Parenting Group, Inc., Bonnier Corporation, American Broadcasting Companies, Inc., The Children's Place Retail Stores, Inc. ("The Children's Place"), and their respective parent, subsidiary, and affiliate companies or operating divisions. Void where prohibited by law. Contest begins 9:00 A.M. EDT March 26, 2009, and ends 11:59 P.M. EDT May 31, 2009. One entry per child (or per set of twins/triplets, etc. if applicable), either by mail or e-mail.
3. Submit an original color photo of your child with an entry form (available on-line at: www.babytalk.com, or in the April 2009 issue of Babytalk magazine) in a standard or business-size envelope. (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.) Child in photo must be between 4 months and 24 months old on May 31, 2009. Photo must have been taken within one month of entry, and cannot be the product of a professional photographer. No slides or B&W photos accepted. Every entrant must be the parent or legal guardian of the Child featured in the submitted photo and must be 19 years of age or older. Entrant represents and warrants that the submitted photograph is an original, non-published work that does not infringe any privacy, intellectual property or other rights of any third parties. By entering, entrant represents that he or she owns or has the rights to convey any and all right and title in the submitted photo; and by entering, entrant conveys and assigns to Babytalk all rights of ownership, title, interest and all other intellectual property rights, including without limitation, copyright in and to the photo, should it be the winning photo. All other entrants (i.e. those whose entries are not the winning photograph), by entering the contest, grant Sponsors a non-exclusive, worldwide, royalty-free copyright license to publish their submitted photos, if Sponsors choose, and to republish them at any time in the future in any and all media.
4. Send mail-in entries to Babytalk/Good Morning America Cover Contest, P.O. Box 2065, New York, NY 10156 (no entries will be accepted at any other address). Mail-in entries must be postmarked by May 31, 2009 (11:59 P.M. EDT), and received by June 9, 2009.
5. To enter electronically, visit www.parenting.com/parenting/babytalk/photo/contest. Fill out the online entry form and upload your photo following the directions on the page. Only photos submitted following the directions and in electronic formats .jpg or .gif, with images at least 72 dpi and 3 Mbs or smaller will be considered as online entries. Online entries must be received before 11:59 P.M. EDT on May 31, 2009.
NOTICE TO ONLINE ENTRANTS
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsors are not responsible for: (i) lost, late, misdirected, damaged, illegible or postage due mail/entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsors on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the contest. By participating in the contest, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of the Sponsors, which are final and binding in all matters relating to the contest. Failure to comply with these official rules may result in disqualification from the contest. Sponsors reserve the right to: (i) permanently disqualify from the contest any person it believes has intentionally violated these official rules; and (ii) withdraw the online method of entry if it becomes technically corrupted, (including if a computer virus or system malfunction inalterably impairs its ability to conduct the contest), and select winner from among all eligible entries received prior to withdrawal.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Eight semi-finalists will be chosen by a panel of judges selected at the sole discretion of Babytalk and Good Morning America, based equally on the personality and charm of photo subjects as conveyed by their photo. Judges' decisions are final and may not be appealed. Parents/guardians of the eight chosen semi-finalists will be notified by phone or mail by June 16, 2009. Parents/guardians of semi-finalists must sign an affidavit of eligibility; a liability release; where legally permissible a publicity release; and confirmation of a license as set forth above in the form requested by the Sponsors, and return them within seven days of notification attempt, or alternates may be selected. Semi-finalists must be available August 7, 2009, or other date selected by Babytalk, for cover photo shoot. Each semi-finalist's parent(s)/legal guardian(s) must submit to a background check conducted by Good Morning America and execute a waiver authorizing the release of personal and background information. The Family must fully comply with all instructions, rules and regulations associated with attendance at any event associated with this prize and at all times will be subject to removal from any event for failure to comply with such instructions, rules, regulations and restrictions. Each Contestant by entering the Contest agrees, represents and warrants that he/she will be bound by the Rules and the Sponsor's decisions and Privacy Policy. Disqualification and, time permitting, the selection of an alternate semi-finalist, may result from any non-compliance with the rules.
7. Semi-finalists will each receive round-trip coach class airfare and ground transportation from the airport nearest the semi-finalists' primary residence to New York City for Child and up to two parents/guardians, a three-night stay (double occupancy) at a New York City hotel, and $200 for meals (total value $4,790). All transportation and accommodation to be selected by Babytalk in its sole discretion. All expenses not detailed here are the sole responsibility of the parents/guardians of the semi-finalists. Each semi-finalist will be photographed in a New York studio by a Babytalk-selected photographer.
8. Based solely on photos produced from the photo shoot, three finalists will be chosen by representatives from the staffs of Babytalk and Good Morning America, in their sole discretion, based on the same judging criteria used in the semi-finalist selection.
9. The three finalists' pictures will appear on Good Morning America and Good Morning America's web site so that the general public can view each finalist photo and vote online for their favorite photo. Only one vote will be accepted per registered e-mail address. The top-scoring finalist will be declared the "Grand Prize Winner" of the Cover Contest and will appear on a Babytalk magazine cover (November 2009 issue). The Winner will be awarded a $1,000 gift card to be used towards the purchase of merchandise at The Children's Place.
The Finalists and their parents/legal guardians must be available to appear on Good Morning America in New York during on or about the week of October 12, 2009. In the event an appearance should be scheduled, the date(s) for that appearance will be scheduled at Good Morning America's sole discretion. In the event an appearance is scheduled, Good Morning America will provide transportation and accommodations. Any appearance on Good Morning America is subject to availability. Sponsor is not responsible for cancellation or preemption of show or for other circumstances that make it impractical or impossible to fulfill this element of the prize. This element of the prize has no approximate retail value, and if it becomes impractical or impossible to fulfill this element, Sponsor's only obligation will be to provide the remainder of prize.
If Finalists are unreachable, or if prize notification is undeliverable, or in the event of non-compliance with any of these requirements, the prize will be deemed forfeited, and an alternate winner may be selected.
The two finalists not selected as Grand Prize Winner will each receive a $200 gift card to be used towards the purchase of merchandise at The Children's Place. The five semi-finalists not selected as finalists will each be awarded a $100 gift card to be used toward the purchase of merchandise from The Children's Place. The Children's Place gift cards are subject to the terms and conditions on gift card.
10. In the event of any tie, representatives from Babytalk magazine and Good Morning America will determine the semi-finalist, finalist or winner based on their own judgment and in their sole discretion, based on the charm of photo subjects as conveyed by their photo.
11. Retail value of gift card element of the prize is as follows: Grand Prize Winner -- $1,000; Finalists not selected as GPW -- $200 each; Semi-Finalist -- $100 each. Approximate retail value of travel and accommodations for photo shoot portion of prize is $4,790 each (to be awarded to eight semi-finalists). Approximate retail value of additional travel and accommodations to New York to appear on Good Morning America, if any are awarded, is $1,500. All values are approximate and final values may be considerably higher or lower based on airfare, accommodations and other factors.
All taxes are the sole responsibility of semi-finalists', finalist's or Winner's parents/guardians. Prizes are non-transferable and cannot be substituted, but prizes of equal or greater value may be supplied by Sponsors at Sponsors' sole discretion. An IRS Form 1099 will be issued to all prize recipients for any prize valued at $600 or more.
12. All entries become property of The Parenting Group Inc. and will not be acknowledged or returned.
13. In consideration of judges' review of entries, parents/guardians who enter the contest grant permission (except where prohibited by law) to Sponsors to use and license photos/images of the Child in the submitted photo(s) (along with their names, likeness, biographical information) and any other information provided by Entrant) for possible editorial or promotional/advertising uses in any and all media without further compensation.
14. Babytalk and its affiliates are not responsible for technical failures in entry transmission, or lost, late, misdirected, damaged, incomplete, illegible, or postage-due mail, or any damage to participants' computers relating to information about or participation in the promotion. Babytalk reserves the right to cancel electronic method of entry if it becomes technically corrupted.
15. For a list of finalists, available after October 22, 2009, send a self-addressed, stamped envelope to Babytalk/Good Morning America Cover Contest Finalists, P.O. Box 2065, New York, NY 10156.
16. The Parenting Group Inc. may contact entrants with product offers it believes may be of interest to entrants. The contest is subject to all local, state, and federal regulations.
17. By entering the contest, entrant holds harmless Babytalk magazine, The Parenting Group, Inc., Bonnier Corporation, American Broadcasting Companies, Inc., The Children's Place 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 New York law without regard to its conflict of law rules, and any such claim must be heard in New York.
18. 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.
19. No telephone calls, please.
20. Official contest Sponsors: Babytalk magazine, a division of The Parenting Group Inc., 2 Park Avenue, 10th Floor, New York, NY 10016; and American Broadcasting Companies, Inc., 77 West 66th Street, New York, NY, 10023.