THE GERBER® PHOTO SEARCH 2018 (The "Promotion")
Official Rules & Regulations
This Promotion is intended for viewing and participation in the 50 United States, Washington D.C., and Puerto Rico only and shall be construed and evaluated according to the laws of the 50 United States, Washington D.C., and Puerto Rico. Please do not enter if you are not a legal resident of, and not located in, the 50 United States, Washington D.C., or Puerto Rico at time of entry. VOID WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Entry constitutes your acceptance of these Official Rules and Regulations.
Promotion Period: The Promotion Period consists of a Grand Prize Submission which begins October 1, 2018 at 12:00:00 AM Eastern Time ("ET") and ends October 20, 2018 at 11:59:59 PM ET ("Submission Period"), and a Grand Prize Judging Period which begins October 21, 2018 at 12:00:00 AM ET and ends November 30, 2018 at 11:59:59 PM ET ("Judging Period").
Who May Participate:This Promotion is only open to legal residents of the 50 United States, Washington, D.C., or Puerto Rico who are 18 years of age or older at the time of entry, have a valid Instagram account (your Instagram account must be set to "Public"), and are parents or legal guardians of a child (or children) who is (are) between one (1) day old and forty-eight (48) months old on the date of entry. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after October 1, 2018, was or is a director, officer, or employee of Gerber Products Company, (the “Sponsor”), or its parent, subsidiaries, affiliates, franchisees, service agencies, or advertising and promotion agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion or engaged in the administration or execution of this Promotion (collectively, with the entities listed in 2(a), the "Promotion Entities"); and (c) persons who are or purport to be immediate family members (defined as biological or step-mother/father, sister, brother, daughter, son or dependent or spouse of any of the foregoing, regardless of where they reside) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories. Void in the U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited by law.Promotion is subject to all applicable federal, state and local laws.
How To Enter The Promotion: During the Submission Period, photos that are posted on Instagram.com (the "Website") and that are tagged with the hashtag #GerberPhotoSearch2018 will be compiled and (subject to the requirements below) will be entered for consideration in the Promotion for the Grand Prize,
By including the hashtag and submitting your photo(s) for consideration, you confirm that you have read and accept these Official Rules and Regulations, and you confirm that you are the parent/legal guardian of any minor(s) in the photo. To register for Instagram or free, visit Instagram.com. The photo(s) submitted are each referred to herein as an "Entry". Entries are subject to all Entry Requirements set forth herein to be valid; see Rule #3.1 below for Submission Requirements. By submitting an Entry, you hereby warrant and represent that your Entry conforms with the Entry Requirements set forth herein.
Limit: maximum of ten (10) Entries per person/Instagram account throughout the entire Submission Period.
Each Entry must be unique; duplicate Entries and/or automated Entries are prohibited. Entrants may not enter with multiple Instagram accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. If it is discovered that you have entered or attempted to enter the Promotion more than ten (10) times, or that you have attempted to enter multiple times using multiple identities or email addresses, all of your Entries will be declared null and void, and any Prize you might have been entitled to (if any) may be forfeited, in the Sponsor’s sole discretion.
Entrants do not need to purchase any product in order to be eligible. Entries may initially be screened by the Sponsor for apparent compliance with these Official Rules.
3.1. Entry Requirements:
The following guidelines set by the Sponsor must be followed for each Entry:
Entry must be a photo taken within the thirty (30) days prior to date of Entry;
You must own all rights to the Entry and have the right to grant Sponsor a license to use the Entry (including any material embodied in the Entry);
The Entry must include a photo of one (1) and only one (1) of your children (one (1) child per Entry, unless the children are multiples);
You must be the parent or legal guardian of the child(ren) depicted in the Entry;
The Entry cannot contain the image or likeness of any other individual other than your child(ren),
The Entry may not be a photo taken by a professional photographer;
The Entry may not be a photo collages (2 or more photos combined into one image)
Any child(ren) included in a Entry must be appropriately clothed (or wearing a diaper). Images of naked children or children in bath tubs will not be eligible or accepted;
The Entry must be suitable for a family audience and contain only content that, in the sole and unfettered discretion of Sponsor, is suitable for a general audience;
The child(ren) included in a Entry must not be represented by an agent or manager and must not be subject to any guild, union or other organization or agreement that would restrict or prohibit participation in this Promotion;
The Entry must comply with these Official Rules and any Terms of Service on the Website;
The Entry must not, in the sole and unfettered discretion of Sponsor, incorporate any elements of entries submitted by other entrants;
The Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any inappropriate content;
The Entry cannot promote alcohol, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
The Entry cannot be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group;
The Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, Promotion Entities or their products or other people, products or companies;
The Entry cannot prominently feature trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to music, product packaging, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by entrant or as authorized by Sponsor for use by entrants in connection with the Promotion;
The Entry cannot (in the sole discretion of Sponsor) advertise or promote any brand or product of any kind other than the Sponsor's, including, but not limited to, any of Sponsor's competitors, any of Promotion Entities’ competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
The Entry cannot contain materials embodying the name, likenesses, voices or other indicia identifying any other person, living or dead, unless you have express permission from that person to use their likeness and performance in connection with the Promotion;
No background artwork or material shall appear in the Entry unless it is the original work of the entrant;
Entries must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
The Entry cannot violate any law or otherwise be inappropriate; all as determined by Sponsor in its sole discretion.
Each entrant warrants to the promotion entities that his or her entry does not contravene or infringe on anyone else's copyright or other intellectual property, moral rights, privacy or publicity rights, and that he/she is the parent or legal guardian of any child(ren) the depicted in their photo. If requested, the entrant must be able to provide proof in a form acceptable to sponsor that he/she is the parent or legal guardian of the child(ren) featured in the entry.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry requirements set forth herein in its sole discretion. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. You acknowledge that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Promotion Entities from any claims to the contrary. By accepting a prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify any winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
By participating in the Promotion, entrants agree to indemnify and hold Promotion Entities (as defined in Rule #2) harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Promotion Entities, or any of them, arising out of or in connection with the participation by the entrants in this Promotion, or any breach by the entrants of the foregoing warranties. By participating, entrants agree to these Official Rules and Regulations, which are final and binding in all respects.
Promotion GRAND Prize Winner Determination: There will be one (1) round of Grand Prize judging.
Entries will be judged based on the following criteria: (a) visual appeal of the child(ren) in the photo; (b) expressiveness of child(ren) in photo; and c) consistency with Gerber's heritage and its Anything For Baby mission.
Grand Prize Judging Period: Between October 21, 2018 and November 30, 2018, a panel of Promotion Judges will judge all eligible Entries received during the Submission Period to select 100 Entries to advance to a second round of Grand Prize Judging. Entries will be judged based on the following criteria: (a) visual appeal of the child(ren) in the photo (b) expressiveness of child(ren) in photo; and (c) consistency with Gerber's heritage and its Anything For Baby mission. Second Round of Grand Prize Judging: A second panel of Promotion Judges (which may include past spokesbabies, Promoter's marketing staff and those of its advertising agencies) will then judge the final 100 entries above, according to the criteria above in the month of December. The Entrant whose Entry best meets the judging criteria, as determined by the judges in their sole discretion, will be the potential winner of the Grand Prize (as defined below), subject to verification ("Potential Grand Prize Winner").
Prizes (7 available):
Grand Prize (1 available): The Grand Prize Winner will receive one (1) $50,000.00 USD cash award provided in the form of a check which can (but is not required to) be used toward Grand Prize Winner's child(ren)'s education.
Approximate retail value ("ARV") of Grand Prize: USD $50,000.00
Total Value of all Prizes available to be won: $50,000.00.
How To Claim Your Prize: Potential Grand Prize Winner will be notified via Instagram direct message with instructions on how to be confirmed as a Winner and claim their prize. Once direct messaged, potential winners have 48 hours to respond.Before being declared a winner, Potential Winners (or parent/legal guardian, where applicable) will be required to execute and return an Affidavit of Eligibility, a Liability Release, W9 form, a photo release form, and, where lawful, a publicity release, as well as any other documents required by Sponsor, within seven (7) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize may be forfeited and, at the Sponsor’s sole discretion, the prize may be awarded to an alternate winner. Potential Winners agree that, if they are selected as a Potential Winner, Sponsor may conduct a background check, and Potential Winners agree to execute all documents necessary for Sponsor to obtain such background check. Factors that would result in disqualification as a Potential Winner include, without limitation, having been charged with or convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc.
If any Winner is at least 18, but considered a minor in his/her state of residence, the prize will be awarded to his/her parent or legal guardian who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winners set forth herein. If a Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, if Sponsor is unable to contact a Potential Grand Prize Winner within five (5) business days, or in the event that a prize notification or any prize is returned undeliverable, such prize may be forfeited at the Sponsor's sole discretion. Each Potential Winner (or parent/legal guardian where applicable) may be required to furnish proof of identification.
Allow 4-6 weeks for verification and shipment of your prize. Promotion Entities shall not be held responsible for any delays in awarding a prize for any reason outside of their control. Prizes will only be delivered to verified Winners. Any unclaimed prize will not be awarded. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants.
By accepting a prize, each Winner agrees and consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law.
Conditions of Entry:
Ownership/use of Entry:
By submitting an Entry, each entrant grants, and represents and warrants that the entrant has the rights and authority necessary to grant, Sponsor an irrevocable, perpetual, non-exclusive, fully paid-up, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and al copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Entry and all elements of the Entry, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from Entrant or any third party.
By entering, entrants (i) acknowledge compliance with these Official Rules and Regulations including all eligibility requirements and, (ii) agree to be bound by all decisions of the Sponsor and/or Promotion Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Promotion.All issues of interpretation to be decided by Sponsor.Decisions of Sponsor and judges are final and binding in all matters. Entrants who have not complied with these Official Rules and Regulations are subject to disqualification and all associated Entries will be void.
Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery. Sponsor's clock is the official timekeeping device for this Promotion.
Sponsor reserves the right to disqualify any entrant’s registration in the Promotion (and void all associated Entries) or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair entry or playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
If a dispute arises regarding the identity of an entrant, such Entry will be deemed to be submitted by the authorized account holder of the Instagram account corresponding to the Entry and he/she must comply with these Official Rules and Regulations.Each entrant may be required to show proof of being an authorized account holder.
As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, Promotion Entities, Instagram, Inc., and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of any prize; (b) to comply with all the rules; (c) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (d) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (e) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrants be entitled to receive attorneys’ fees and court costs.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A., without regard to New Jersey or any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the federal, state and local courts for Morris County, New Jersey.
Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Promotion at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion. In the event of cancellation, Sponsor reserves the right to select the Winners from among all eligible, non-suspect Entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes available.
Promotion Entities do not warrant that access to the Promotion will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, Instagram APIs (application programming interfaces), or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Promotion, the processing of Entries, the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's computer system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws, including criminal prosecution. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize, and all associated Entries will be void. Entrants who have not complied with these Official Rules are subject to disqualification and all associated Entries will be void.
In the event of any conflict with any Promotion details contained in these Official Rules and Regulations and Promotion details contained in Promotion Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules and Regulations shall prevail.The Official Rules and Regulations govern over all other communications.
The invalidity or unenforceability of any provision of these Official Rules and Regulations shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules and Regulations shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein
This Promotion is solely sponsored by Gerber Products Company, 12 Vreeland Road, Florham Park, New Jersey 07932.
For a list of the winning entrants, send a self-addressed postage stamped envelope to:""THE GERBER® PHOTO SEARCH 2018" - Winners List Request", Gerber Products Company, 12 Vreeland Road, Florham Park, New Jersey 07932, to be received by December 31, 2018. Winners list will be sent after all prizes have been awarded.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.