*NO PURCHASE NECESSARY
*PURCHASE WILL NOT ENHANCE ODDS OF WINNING
Participation constitutes full and unconditional agreement to, and acceptance of, these Official Rules. The Great American Photo Contest, LLC (“Great American”) Baby Photo Contest ("Contest") is open to legal residents of the United States and the District of Columbia, residing in the United States and the District of Columbia, who are (a) 18 years of age or older and (b) the parent or legal guardian of a child that is between 0-48 months of age at the time of entering the Contest. Employees, officers, and directors of Great American, its parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to win prizes in the Contest. This Contest is offered in the U.S. only and shall only be construed and evaluated according to U.S. law. Residents of Puerto Rico, New York, Florida and Rhode Island are ineligible to win prizes in the Contest. To obtain a printed copy of these Rules write to: Great American Photo Contest, LLC, 24 W. Railroad Ave., #139, Tenafly, NJ 07670
To enter the Contest, you must register either online or by postal mail, and must submit up to a total of 6 photographs of your child(ren) (see “How To Enter” hereinbelow). Each Contest will last one calendar month. Any and all of the photographs submitted by an entrant is/are eligible to win. Each entrant will be entered into the Contest for the calendar month in which he or she submits his or her registration, and will also be automatically entered into the following month’s Contest, whenever available, unless otherwise notified. The winner of the Contest will be the entrant that submits the photograph that receives the most confirmed votes from the voting public during the applicable 1-month Contest period. Voters must register, confirm their registration by clicking on the email sent to them at the email address they used to register, and can vote for as many photographs as they like, but may vote no more than once each day for any one photograph. Individuals participating in the Contest may also participate in the Great American Voters Sweepstakes. See the Great American Voters Sweepstakes Official Rules for details. By registering for the Contest, entrants agree (i) to accept e-mail and direct mail marketing messages from Great American and its advertising affiliates and (ii) that such act constitutes an inquiry and/or application for purposes of applicable federal and state telemarketing laws, and therefore, we have the right to contact you by telephone for marketing purposes. See “Privacy Statement” herein for detailed information concerning Great American’s Privacy Policy.
Each entrant will be entered into the Contest for the calendar month in which he or she submits his or her registration information, and will also be automatically entered into the following month’s Contest, whenever available, unless otherwise notified.
Winners will be selected based upon public online voting only. The photograph that receives the most votes in any calendar month will be deemed the winning Contest photograph. One first place winner will be chosen. A vote means a vote cast on the Great American Website, by a “unique voter”. A “unique voter” is an individual person (a) who has registered on the Great American Website and confirmed their registration by clicking on the email sent to them at the email address they used to register, and (b) with unique registration information (i.e. email address, postal address, telephone number, etc.) that is not duplicative of another voter. A unique voter may vote no more than once each day for a unique photograph, so that in a 30 day calendar month, a unique voter may cast no more than 30 votes for any single photograph. In addition to the Disqualification provisions below, if Great American determines, in its sole discretion, that an abuse of the "unique voter" rule has occurred, Great American may disqualify votes cast by such voters or contestants, including if more than 5 of such voters or contestants registered from the same computer "IP address" in a single calendar month.
We may use demographic information to tailor the Website to the interests of our users. Demographic information is shared with third-party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties in accordance with the terms of this Privacy Policy.
If there is an exact tie in the number of votes cast for two photographs, then the winning prize will be split equally between those two (2) entrants. Winners will be determined within 4-6 weeks of the end of the Contest; however, Great American reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion.
The winner and any runners up will be notified by phone, email and/or postal mail. The winner will be selected based upon the results of online voting, and will be subject to approval by Great American pending confirmation of the winner’s compliance with these Official Rules. Great American's decisions are final on all matters relating to this Contest.
The Contest period begins on the first day of the calendar month and ends on the last day of the calendar month, with a winning photograph selected at the end of the calendar month.
The odds of winning the Contest are a function of a number of factors including, but not limited to, the number of entries, number of votes cast, number of votes you cause to be cast for your photo, the date of entry and quality of the photograph.
The winner will be required to sign an Affidavit of Eligibility/Liability and Publicity Release within 30 days of attempted notification. Failure to return these documents in the time specified or the return of the notification marked undeliverable will result in disqualification of the entry and an alternate winner will be selected from among the runners up, until a winner is designated.
The winner will receive a check in the amount of $2,500.00 (twenty-five hundred dollars). Winning photos may appear on the home page of the Great American Website, where potentially thousands of viewers may see the photograph. Entrants waive any and all rights to photographs and give Great American the right to publish same in any medium without compensating entrants.
Entry: Each Entrant in the Contest may also enter the “One Million Dollar Voters Sweepstakes” (the “Voters Sweepstakes”). For the official rules of the Voters Sweepstakes, go to [insert million dollar sweepstakes rules URL]. Each Entrant in the Contest may enter the Voters Sweepstakes by getting at least 2 Unique Voters (see “Selection of Finalists and Winner” above for definition) to vote for his/her Contest photo.
Alternative Means of Entry: Individuals may also enter the Voters Sweepstakes by postal mail in lieu of the on-line entry requirements. To enter by postal mail, simply send: (a) your full name, full postal address, phone number, and email address (if applicable) to: The Great American Photo Contest, LLC, 24 West Railroad Avenue, #139, Tenafly, NJ 07670. Be sure to indicate the name of the contest you are entering (i.e., the $1,000,000 Voters Sweepstakes). All entries must be received by 11:59:59 pm EST on June 30, 2009 in order to be eligible to win the Promotion. Only one entry permitted per person.
Official Rules for Voters Sweepstakes: For the official rules of the Voters Sweepstakes, go to [insert million dollar sweepstakes rules URL].
General Rules: The Voters Sweepstakes begins on January 1, 2009, and ends on June 30, 2009. Each entrant will be assigned an eight digit encrypted entry number between 00000000 and 99999999 (the “Promotion Database”). A random selection by the independent agency SCA Promotions of a number from the entire Promotion Database will be revealed approximately one week after the contest period ends. The winner, if any, will be notified via email or telephone. The prize winner, if any, will receive $1,000,000, payable in equal installments over a forty (40) year period. The odds of winning are: [insert odds of winning]. THIS IS A BRIEF SUMMARY OF THE RULES. PLEASE GO TO [insert million dollar sweepstakes rules URL] for the full set of official rules of the Voters Sweepstaes.
Federal, state and/or local taxes are the responsibility of the Winner. The determination of liability for any federal, state and/or local taxes that may arise out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, should federal, state and/or local law impose any tax reporting or filing obligations on Great American arising out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), the entrant agrees to timely provide Great American with any information that is reasonably necessary for Great American to comply with any such reporting or filing obligations. In addition, should federal, state or local law impose any tax withholding obligation on Great American with respect to entrant's receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Great American as may be required for Great American to accomplish such withholding.
Great American reserves the right, in its sole discretion, to reject any photographs. No inappropriate, indecent or obscene photographs may be submitted to Great American for entry into the Contest or submitted for display on the Great American Website. Visitors to the Great American Website may notify Great American through the “Contact Us” button of any photographs or captions that appear to violate these Official Rules. Great American will use its best efforts to exclude any such photographs or captions; however, Great American is not a publisher of the photographs; it is merely providing a forum for the display of these photographs for voting purposes and, therefore, Great American expressly disclaims any and all liability associated with the display of any of the photographs on the Great American Website.
There must be at least 2,500 entries for a Contest to be valid; if less than 2,500 entries are received during the Contest period, those entries will be rolled over into the next calendar month’s Contest, whenever available. The prize for the next month’s Contest with the consolidated entries will remain at $2,500 and will not be increased. If an entry is rolled into the next calendar month’s Contest due to an insufficient number of entries, then such rollover entry will count as the entrant’s automatic second calendar month entry.
If a contestant's entry has expired but their photograph remains on the Great American website, the photograph and the contestant is not eligible to win the contest for that month unless the contestant reenters the contest by reactivating his/her account. As a result, votes cast for an expired entry/photograph will not count unless or until such entry has been reactivated.
For a thorough recital of Great American’s Privacy Policy, please return to the Great American homepage, or click here.
Entrant represents and warrants to Great American, its affiliates and its advertising sponsors that: (a) he/she is over 18 years of age and a legal resident of the U.S. or the District of Columbia; (b) he/she is not a resident of Puerto Rico, Florida, New York or Rhode Island; (c) he/she is the parent or legal guardian of the child in the photograph submitted; (d) he/she has all of the rights and authority necessary to submit the photograph for entry in the Contest in compliance with these Official Rules, including the right to publish the photograph, and the right to grant the Promotion Release set forth hereinbelow; (e) the publication of the photograph will not infringe on the rights of any third party; (f) he/she knows the birth date of the child in the photograph and that said child was no more than 48 months old when the photograph was submitted to Great American; (g) the photograph submitted has not been digitally, or otherwise, altered; and (h) he/she has read the Great American Privacy Policy and agrees to its terms.
To receive a list of winners, send a self-addressed stamped envelope to: Great American Photo Contest, LLC, 24 W. Railroad Ave., #139, Tenafly, NJ 07670.
By submitting an entry and participating in the Contest, entrant, for him/herself and on behalf of the Child, irrevocably transfers, grants and assigns to Great American, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs, including any reproductions of same, in any and all media including, without limitation, use on the Great American Website in connection with the Contest or other promotions, for any advertising or promotional purposes without additional compensation, and releases Great American and any entity acting on behalf of Great American from any liability with respect thereto.
Entrant, for him/herself, and on behalf of the Child agrees that Great American, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Contest or acceptance or use of the Prizes awarded including, without limitation, any claims based on publicity rights, defamation or invasion of privacy. If, for any reason, the Contest or any portion thereof is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Great American, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Great American reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any part of the Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Great American.
Great American, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified, or for other problems of any kind, whether mechanical, human or electronic, whatever the cause. Only fully completed entry forms actually received by Great American are eligible for Contest entry. Proof of submission will not be deemed to be proof of receipt by Great American. Great American’s sole responsibility for any irregular entry is replacement with another entry in the Contest. If a potential winning entry is made by Internet, that potential winner may be required to provide Great American with proof that the potential winner is the authorized account holder of the registration information associated with the potential winning entry.
These rules shall be interpreted and enforced in accordance with the laws of the State of New York, without regard to conflicts of law principles. Any and all actions, proceedings and disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the Courts of the State of New York, County of New York. Each party consents to the exclusive jurisdiction of the Courts of the State of New York, and if federal court is applicable, the Southern District of New York.
Great American, its legal representatives, affiliates, subsidiaries, parents, agencies and its officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Great American, will be disqualified. If disqualified for any of the above reasons, Great American reserves the right to terminate entrant’s eligibility to participate in the Contest.
You agree to release, indemnify and hold Great American, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Promotions and/or the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Great American, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Great American Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Great American will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.