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Gerber Photo Search 2023 Official Rules

Official Rules for the Gerber® 2023 Photo Search Contest

No Purchase Necessary. A Purchase Will Not Increase Your Chances Of Winning.

  1. Eligibility:  This Contest is only open to individuals who are, as of the date of entry, (a) legal residents of the fifty (50) United States or the District of Columbia, (b) at least eighteen (18) years old, and (c) the parent or legal guardian of a child that is between one (1) day and four (4) years old (an "Eligible Child"). Employees of Gerber Products Company ("Sponsor"), Nestlé USA, Inc., Brandmovers, Inc. ("Administrator") or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the Contest (collectively with Sponsor and Administrator, the "Contest Entities"), and any of their respective parent and affiliate companies or subsidiaries, as well as the immediate family (spouses, parents, and step-parents, siblings and step-siblings, and children and step-children, and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to enter or win.
  2. Entry Period: The Entry Period starts at 9:00 AM EDT on Wednesday, May 31, 2023, and ends at 11:59 PM EDT on Saturday, June 10, 2023 (the "Entry Period").
  3. Create Your Entry:
    1. Grand Prize: To enter for a chance to win a Grand Prize, you must submit: (a) a picture or photo collage of your Eligible Child; (b) a throwback picture or photo collage of yourself as a child; and (c) a story about your family (collectively, your "Entry"). Make sure you comply with the entry requirements set forth below. Sponsor reserves the right to disqualify any Entry that does not meet these requirements, as determined by Sponsor, in its sole discretion.
    2. Additional Prizes: To enter for a chance to win additional prizes, you must submit a picture or video of your Eligible Child (again, your "Entry"). Make sure you comply with the entry requirements set forth below. Sponsor reserves the right to disqualify any Entry that does not meet these requirements, as determined by Sponsor, in its sole discretion.
  4. Entry Requirements: Your Entry must meet the following requirements:
    1. You (or an immediate family member) must take the photo or video of your Eligible Child during the Entry Period. You may not have a hired photographer, videographer, or other person take the photo or video of the Eligible Child.
    2. Your photo or video of your Eligible Child may only include one (1) Eligible Child or (1) set of multiples (i.e., twins, triplets). You must be the parent or legal guardian of the Eligible Child in the Entry.
    3. The throwback photo of you should depict you as close to the age of your Eligible Child as possible. In no event can the photo of you show you at more than ten years old.
    4. Everyone in the photos or video must be appropriately clothed. Sponsor will not accept Entries with children who are not clothed. Bathtub and diaper photos will not be accepted.
    5. You may not use any filters and you cannot edit or retouch either of your photos or video.
    6. Neither your photos nor your video may depict any child in an unsafe or inappropriate manner.
    7. The Entry may not prominently feature any third-party trademarks, logos, artwork, or music and must not violate anyone’s rights, including, but not limited to, copyrights or trademark rights. You must have all rights and permissions to submit and share your Entry.
    8. The Entry may not portray Sponsor or its products in a negative light or contain any content that is inappropriate or indecent, as determined by Sponsor, in its sole discretion.
  5. Submit Your Entry:
    1. Grand Prize: To enter for a chance to win the Grand Prize, visit photosearch.gerber.com during the Entry Period, fill out the entry form, and submit your Entry. There is a limit of one (1) entry per Eligible Child. (If you have more than one (1) Eligible Child, you can submit a separate Entry for each one.) Sponsor reserves the right to disqualify any individual that attempts to enter more times or otherwise violates these Official Rules.
    2. Additional Prizes: To enter for a chance to win one of the Additional Prizes, share a photo or video of your Eligible Child on TikTok or Instagram using #GerberBabyThrowback. There is a limit of one (1) entry per Eligible Child. (If you have more than one (1) Eligible Child, you can submit a separate Entry for each one.)
    3. For all Entries: By entering, you represent and warrant that your Entry complies with all requirements in these Official Rules and that you have all the rights necessary to Grant Sponsor the rights to your Entry described in Section 6. Further, by entering you indicate your agreement to these Official Rules and Sponsor’s decisions regarding the Contest, which are final and binding. Winning a prize is contingent upon fulfilling all requirements in these Official Rules.
  6. Sponsor’s Rights to Entries: You do not transfer ownership of your Entry by entering the Contest. However, by entering, you grant Sponsor, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you.
  7. Judging:
    1. Grand Prize: After the Entry Period, a diverse panel of judges selected by Sponsor will evaluate all eligible Entries based on the following criteria: (a) how compelling the story is; (b) expressiveness of child in the photos; and (c) consistency with Gerber’s heritage and its Anything for Baby The entrant with the highest score will be deemed a potential Grand Prize winner and be contacted by e-mail. The odds of winning depend on the performance of each entrant.
    2. Additional Prizes: After the Entry Period, a diverse panel of judges selected by Sponsor will evaluate all eligible Entries based on the following criteria: (a) expressiveness of child in Entry; and (b) consistency with Gerber’s heritage and its Anything for Baby The entrants with the highest scores will be deemed potential winners of one of the Additional Prizes set forth below and be contacted by direct message on the relevant social media channel. The odds of winning depend on the performance of each entrant.
  8. Potential Winner Requirements:
    1. Grand Prize: The potential Grand Prize winner may be required to execute and return a Declaration of Eligibility, a Publicity and Liability Release, a W9 form, an authorization to conduct a background check for the baby’s parents or guardians, and an agreement to participate in all of the activities required for the winner set forth below. Sponsor reserves the right to disqualify a potential winner if he/she does not sign the necessary forms within five (5) business days of the date the documents are sent or if Sponsor (in its sole discretion) determines that, based on the results of the background check, the potential winner will not be a suitable representative for the Gerber brand. If a potential winner is disqualified, Sponsor may select an alternate potential winner in his/her place according to the Judging Criteria.
    2. Additional Prizes: Potential winners of the Additional Prizes will be required to respond to the direct message within 24 hours. If a potential winner does not respond within that time, Sponsor may select an alternate potential winner in his/her place according to the Judging Criteria.
  9. Prizes:
    1. Grand Prize: One (1) Grand Prize Winner will receive: (a) a $25,000 USD check; (b) a year's supply of Gerber baby food (awarded as $2,000 in Gerber.com gift cards); (c) an ezpz first foods set with an approximate retail value ("ARV") $38; (d) a $500 Gerber Childrenswear gift card; (e) a Mommy & Me luggage set from Beis Travel with an ARV of $386; and (f) Canon EOS R50 RF-S18-45mm F4.5-6.3 IS STM Lens Kit with an ARV of $799.99. The ARV of the Grand Prize is $28.724. In addition, the winner will serve as the 2023 Gerber Spokesbaby and have an honorary role on Gerber’s Executive Committee as Chief Growing Officer for up to one (1) year. The winner will have the opportunity to serve as official Chief Taste Tester to taste and review new baby food products to help inform future innovations to foster nutritious product growth and highlight product quality. As part of this role, the winner will be required to (i) participate in up to five (5) media interviews inclusive of live reveal moment on national broadcast program, (ii) participate in content creation for up to twenty (20) social media posts on Gerber channels, (iii) participate in up to three (3) live and/or virtual appearances for content creation to be used for media and social use, and (iv) grant Sponsor the rights to use baby’s name, image, and likeness for promotional purposes in connection with this campaign.
    2. Additional Prizes: Three (3) winners will each receive an ezpz Oral Development Tools Tiny Pops Pre-feeding Set with an ARV of $18.99; five (5) winners will each receive a Little Tikes Cozy Coupe with an ARV of $64.99; two (2) winners will each receive a Beis Weekender & Kids backpack with an ARV of $166; five (5) winners will each receive Vital Proteins Original Collagen Peptides with an ARV of $49.99; three (3) winners will each receive a Nespresso Vertuo Pop Machine with an ARV of $129.99; three (3) winners will each receive a Canon SELPHY CP1500 printer with an ARV of $139.99; five (5) winners will each receive a $100 Gerber gift card; and five (5) winners will each receive a $100 Gerber Childrenswear gift card.
    3. For all Prizes: Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor, in its sole discretion. The winner may be responsible for paying taxes and any other costs not listed above.
  10. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest; or (b) award the prize according to the procedures set forth above from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the Contest, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
  11. Release and Limitations of Liability: By entering, you agree to release and hold harmless the Contest Entities, their parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related that may impede entry; (c) any claim or allegation that your Entry infringes any copyright, trademark, or any other intellectual property right; (d) lost, late, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
  12. Privacy and Publicity: Any information you submit as part of the Contest will be treated in accordance with Sponsor’s Privacy Policy. Except where prohibited, participation in the Contest constitutes your consent to Sponsor’s use of your name and Entry for promotional purposes in any media without further payment or consideration.
  13. Disputes: Except where prohibited, you agree that any disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Virginia. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or Sponsor’s rights and obligations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Virginia, without giving effect to any choice of law or conflict of law rules (whether of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Virginia.
  14. Winner Information: After the winner is selected, information about the winner will be posted on www.gerber.com.
  15. Sponsor: The Contest is sponsored by Gerber Products Company, 1812 N Moore Street, Arlington, VA 22209.
  16. Administrator: Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.

ABBREVIATED RULES:

NO PURCHASE NECESSARY. The 2023 Gerber Photo Search Contest is open to legal residents of 50 US states & DC, who are 18 or older. To enter, visit photosearch.gerber.com from 9:00 ET on 5/31/23 until 11:59 PM ET on 6/10/23. Subject to official rules on website. Void where prohibited. Sponsor: Gerber Products Company, 1812 N Moore Street, Arlington, VA 22209.

SOCIAL MEDIA/BANNER ABBREVIATED RULES:

NO PURCHASE NECESSARY. Open to 50 US states & DC, 18+. Ends: 6/10/23. See rules at photosearch.gerber.com/rules.

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