*NO PURCHASE NECESSARY
*PURCHASE WILL NOT ENHANCE ODDS OF WINNING
Participation in the Adorable Baby Photo Contest, Beautiful Baby Photo Contest, Cutest in the World contest, Sweetest Kids Photo Contest, Great American Photo Contest (individually or collectively, the “Contest”) constitutes full and unconditional agreement to, and acceptance of, these GREATAMERICANPHOTOCONTEST.COM Official Rules (the “Official Rules”). The Contest, owned and operated by The Great American Photo Contest, LLC("the Company")is open to legal residents of the United States, and the District of Columbia, and the United Kingdom (“U.K.”) Baby Photo Contest ("Contest") is open to legal residents of the United States and the District of Columbia, residing in the United States, the District of Columbia and the United Kingdom (“U.K.”) who are: (a) eighteen (18) years of age or older; and (b) the parent or legal guardian (or a grandparent with consent from 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 Company, 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 United States and U.K. only and, to the maximum extent permitted by applicable law, shall only be construed and evaluated according to applicable United States law shall only be construed and evaluated according to applicable United States 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 Official Rules write to: The Great American Photo Contest, LLC, 24 W. Railroad Ave., #139, Tenafly, NJ 07670.
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.
Each photograph submitted must be approved for posting on the Contest website by a member of Company's photo selection committee. Photos may be approved or rejected based on suitability (for example, no pet or adult photos are appropriate) for the Contest at Company's sole discretion. Only those photos that are approved for posting will be deemed eligible to win the Contest. All photos that are approved for posting on the Contest website will be deemed "Finalists" for that calendar month's contest - the Company does this because the Company believes that all babies are beautiful in their own individual way.
The photograph that receives the most public on-line votes in any calendar month will be deemed the winning Contest photograph. One(1) first place winner will be chosen. For purposes of the Contest, a "vote" means a vote cast on the Contest Website, by a "unique voter." A "unique voter" is an individual person: (a) who has registered on the Contest 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) that is not duplicative of another voter's information. A unique voter may vote no more than once each day for a unique photograph, so that in a thirty(30) day calendar month, a unique voter may cast no more than thirty(30) votes for any single photograph. In addition to the Disqualification provisions set forth below, if Company determines, in its sole discretion, that an abuse of the "unique voter" rule has occurred, Company may disqualify votes cast by such voters or entrants, including if more than five(5) of such voters or entrants registered from the same computer "IP address" in a single calendar month.
If there is an exact tie in the number of votes cast for two(2) or more photographs, then the winning prize will be split equally between those two (2) or more entrants. Winners will be determined within four(4) to-six(6) weeks of each monthly Contest period; however, Company reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion.
Each winner, and any runners up, will be notified by phone, email and/or postal mail. Each winner will be selected based upon the results of online voting, and will be subject to approval by Company pending confirmation of each such winner's compliance with these Official Rules. Company's decisions are final on all matters relating to this Contest.
Contestants are only eligible to win once per calendar year. Additional entries from the same household within the calendar year will be disqualified.
From time to time, Company may run a promotion with respect to grocery coupons. Contestants who see an ad promoting the guaranteed winner and generate votes from at least ten (10) unique voters (as explained in the section above) will be entitled to the grocery coupon reward. Contestants will be notified via email after completion of the Contest Period if they generated the minimum number of votes, and given instructions on how to redeem the grocery coupon reward at that time.
From time to time, Company may run a promotion with respect to guaranteed winners. Users who see an ad promoting the guaranteed winner and successfully complete their registration will be entitled to receive a guaranteed cash prize of $1.00. Those users will receive an email requesting their postal address, and the users must respond to that email in order to receive the payment. Company will postal mail checks to those users at its sole cost and expense. This promotion is limited to one guaranteed winner per household, and users are entitled to only one guaranteed payment from the Company, regardless of the Contest Period.
Contestants who reach the finalist stage of the contest may have their photos selected for publication in a baby photography collection. This selection in no way affects your chances of winning the Contest, or means that you have won the Contest. There is no purchase required to be included in this collection. There will be no royalties paid to photographers whose photos are published. There is a contributor's discount for pre-publication orders. We reserve the right not to publish a photograph for any reason.
Each Contest period begins on the first day of each calendar month and ends on the last day of each such calendar month, with a winning photograph selected at the end of each such 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.
Each winner will be subject to eligibility verification. Each winner will be required to sign an Affidavit of Eligibility/Liability and Publicity Release within thirty(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.
Each Contest winner will receive a check in the amount of One Thousand Dollars ($1,000.00). Winning photos may appear on the home page of the Contest Website, where potentially thousands of viewers may see the photograph. Entrants waive any and all rights to photographs and give Company the right to publish same in any medium without compensating entrants.
Any applicable U.K., or United States federal, state and/or local taxes are the responsibility of each winner. The determination of liability for any U.K., or United States 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 U.K., or United States federal, state and/or local law impose any tax reporting or filing obligations on Company arising out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), the entrant agrees to timely provide Company with any information that is reasonably necessary for Company to comply with any such reporting or filing obligations. In addition, should U.K., or United States federal, state or local law impose any tax withholding obligation on Company with respect to entrant's receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Company as may be required for Company to accomplish such withholding.
Company reserves the right, in its sole discretion, to reject any photographs. No inappropriate, indecent or obscene photographs may be submitted to Company for entry into the Contest or submitted for display on the Contest Website. Visitors to the Contest Website may notify Company through the "Contact Us" button of any photographs or captions that appear to violate these Official Rules. Company will use its best efforts to exclude any such photographs or captions; however, Company is not a publisher of the photographs; it is merely providing a forum for the display of these photographs for voting purposes and, therefore, Company expressly disclaims any and all liability associated with the display of any of the photographs on the Contest Website.
There must be at least one thousand (1,000) entries for a Contest to be valid; if less than one thousand (1,000) entries are received during any monthly 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 One Thousand Dollars ($1,000.00) 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 an entrant's entry has expired but their photograph remains on the Contest website, the photograph and the entrant is not eligible to win the contest for that month unless the entrant 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.
To receive a list of winners, send a self-addressed stamped envelope to: The Great American Photo Contest, LLC, 24 W. Railroad Ave., #139, Tenafly, NJ 07670.
Excluding residents of the State of Tennessee and where otherwise prohibited by law, by submitting an entry, submitting a photograph(s) and participating in the Contest, entrant, for him/herself and on behalf of the child, irrevocably transfers, grants and assigns to Company, 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 Contest Website in connection with the Contest or other promotions and for any advertising or promotional purposes, without additional compensation, and releases Company and any entity acting on behalf of Company from any liability with respect thereto.
To the maximum extent permitted by applicable law, entrant, for him/herself, and on behalf of the Child agrees that Great American, its affiliates and its employees, members, 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 Company, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any monthly Contest or any part of any monthly 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 Company.
Company, its affiliates and its employees, members, 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 Company are eligible for Contest entry. Proof of submission will not be deemed to be proof of receipt by Company. Company'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.
To the maximum extent permitted by applicable law, these Official Rules shall be interpreted and enforced in accordance with the laws of the State of New York, without regard to conflicts of law principles. To the maximum extent permitted by applicable law, should a dispute arise concerning the Contest and/or terms and conditions of these Official Rules, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company, as well as its legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents with respect to the Contest. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. Should any part of these Official Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Company, its legal representatives, affiliates, subsidiaries, parents, agencies and its members, 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 Company, will be disqualified. If disqualified for any of the above reasons, Company reserves the right to terminate entrant's eligibility to participate in the Contest.
You agree to release, indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys 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 Contest and/or the Contest Website; (b) your breach of these Official Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys and/or other partners. 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 Contest or Contest Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Company 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.