FITPREGNANCY CAPTURE THE MOMENT PHOTO CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Sponsors. The FitPregnancy Capture the Moment Photo Contest (the "Contest") is sponsored by Shutterfly, Inc. ("Shutterfly") and Weider Publications, LLC the publisher of Fit Pregnancy Magazine (“Weider” and, together with Shutterfly, the "Sponsors"), and is managed by Shutterfly. You may contact Shutterfly either by mail at , , , telephone at (650) 610-5200 or by e-mail at photocontestinfo@shutterfly.com.
2. Rules. The Contest is governed by these rules, terms and conditions (the "Official Rules"). By participating in the Contest, you agree to these Official Rules and the decisions of the judges which are final and binding. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsors may, in their sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes from among the eligible entries received up to the time of the impairment.
3. Contest Period. The Contest begins on January 19, 2009 at 9:00 a.m. Pacific Time (PT) and ends on July 31, 2009 at 11:59 p.m. PT (the "Contest Period"). All registration attempts made outside the Contest Period are void.
4. Participation; Eligibility. To participate in the Contest, you must (i) be a legal resident of the fifty (50) United States including the District of Columbia, (ii) be at least 21 years of age at the time of entry; (iii) be or become a Shutterfly member having a Shutterfly user account; and (iv) go to the Contest website (the "Contest Site") and follow the instructions to register as a participant and complete and submit a digital photograph pursuant to the instructions.
Up to ten (10) entries per person, regardless of method of entry. Participants submitting more than ten (10) entries or violating any of these Official Rules may be disqualified.
You may not enter the Contest if you are an employee, director or other representative (and their respective IRS dependents, immediate family members (spouse, children, parents, siblings) and individuals residing in their same household), of one or both of the Sponsors, their parent companies, affiliates, subsidiaries, licensees, advertising, promotion or production agencies. The Sponsors reserve the right, at any time, to verify eligibility requirements, in any manner they deem appropriate.
5. Submitted Image. By entering the Contest, you expressly agree not to submit an image or content ("Submission") that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that the Sponsors may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication. The Sponsors shall not be liable in any way for a Submission. The Sponsors shall have no obligation to monitor the Submission provided by you to the Sponsors, but may do so at their discretion. Any Submission that, in the sole discretion of the Sponsors, is considered inappropriate or unsuitable for publication will be deemed ineligible by the Sponsors, and the Sponsors may, in their sole discretion, remove a Submission from the Contest Site. The Sponsors will not return any Submissions submitted on or through the Contest Site.
Except where prohibited, by entering this Contest, you consent to the use of your name, photo and/or likeness, biographical information, Submission and statements attributed to you for advertising and promotional purposes without additional compensation. As such, you hereby grant to the Sponsor a non‑exclusive, fully transferable, sublicenseable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works based on your Submission in any and all media as the Sponsors see fit for any reason, to identify you as the author of the Submission, and to authorize others to do any of the above without any obligation to compensate you.
You represent and warrant to the Sponsors that (i) you are the sole and exclusive owner of your Submission, or that you have all right and authority to grant the rights in the Submission to the Sponsors described herein; (ii) you have obtained any and all releases necessary from all persons depicted in the Submissions, including, without limitation, releases in the context of rights of privacy and rights of publicity; and (iii) in the event that a person depicted in a Submission is under eighteen (18) years of age, you are the parent or legal guardian of such person, or if you are not the parent or legal guardian, you have obtained all appropriate permissions and releases from the parent or legal guardian of the person in question, to submit the Submission for the Contest.
6. Your Information. The information submitted by you during the registration process includes your name and e-mail address ("Personal Information") and will only be used by the Sponsors in accordance with applicable data protection regulations and the Privacy Policy of each of their websites, for the purposes of administrating your participation in the Contest.
7. How Winners are Selected. Up to 20 Contest winners will be determined by a qualified panel of judges consisting of Weider’s representatives. Ultimately, one (1) grand prize winner will be selected. The Submissions will be judged based on the following criteria: (i) consistency with the theme of the Contest, (ii) exhibition of a new perspective on a photographic subject, (iii) quality of the image on the Submission, and (iv) composition and the use of innovative techniques in creation of the Submission. The decisions of the judges will be final.
8. Prizes. One (1) grand prize winner will be awarded the prizes described below. Taxes, if any, related to the prizes are the sole responsibility of the grand prize winner. The prizes cannot be assigned, transferred, redeemed for cash, or substituted except by the Sponsors who may, at their sole discretion, substitute any prize with one of comparable value if the advertised prize is or becomes unavailable for any reason. The Sponsors will not replace any lost or stolen prizes.
$250 Shutterfly Gift Certificate
$220 Bellybar Prize Package
$445.96 Medela Freestyle Pump, BPA free breastmilk bottles, disposable bra pads and nursing camisole
$130 Chicco Liteway Stroller
$200 Baby Bjorn Babysitter Balance with Toy Bar
$40 ET Browne Prize Package
$1,500 Barefoot & Pregnant Spa Package “Expecting the Best”, at Hotel Los Gatos and Spa Elia in San Jose, California. This 3 day, 2 night retreat includes:
· Deluxe accommodations for two
· Complimentary hotel parking
· Two continental breakfasts for two
· One romantic dinner for two
· Late night gourmet cupcakes and milk
· Spa Services: Total Relaxation prenatal massage, B&P Signature Facial, Daddy’s Turn massage and Complimentary Gift basket
TOTAL VALUE: $2,785.96
9. Winner Notification; Declaration of Eligibility and Release Form; Delivery of Prizes. Potential winners will be notified after the end of the Contest Period to the e-mail address provided by the participant during the registration process. If a participant changes his/her e-mail address after entering into the Contest, it is his/her sole responsibility to update his/her e-mail address in their account on the My Account Shutterfly page by the end of the Contest Period. Potential winners will be required to sign a Declaration of Eligibility and Release Form, which must be properly executed and returned within ten (10) days after notification and issuance of the Declaration of Eligibility and Release Form.
The prizes shall be delivered to the grand prize winner at the address on the applicable Declaration of Eligibility and Release Forms. Delivery of the prizes may be by courier service, postal service or other means as determined solely by the Sponsors. The Sponsors shall not be liable for any loss or damage whatsoever that is suffered (including, but not limited to, indirect or consequential loss) in the delivery of the prizes to the grand prize winner.
If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or a Declaration of Eligibility and Release Form is not timely received, is incomplete or modified, the grand prize shall be forfeited and an alternate winner may be selected from remaining Submissions. In the event of a dispute regarding who submitted a Submission, a Submission will be deemed submitted by the authorized account holder of the e‑mail account specified in the Submission. The "authorized account holder" shall be the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
10. LIMITATION OF LIABILITY. BY PARTICIPATING IN THE CONTEST, YOU AGREE TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND YOU WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE OFFICIAL RULES, AND YOU RELEASE, INDEMNIFY AND HOLD THE SPONSORS, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PRIZE SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, CAUSES OF ACTION, COSTS, EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY FEES) AND/OR ANY LIABILITIES OF ANY KIND ARISING FROM OR IN CONNECTION WITH (I) PARTICIPATION IN THE CONTEST (INCLUDING BUT NOT LIMITED TO ANY ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE GRAND PRIZE BY THE WINNER), OR (II) THE SUBMISSIONS, INCLUDING, WITHOUT LIMITATION THE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY SUBMISSIONS. THE GRAND PRIZE WINNER AGREES TO ACCEPT ALL PRIZES "AS IS".
11. Miscellaneous. You acknowledge and agree that no form of cheating will be tolerated. Any persons found cheating, as determined in the sole and absolute discretion of Sponsors, will immediately be disqualified from the Contest. Cheating includes, but is not limited to, tampering, hacking of the Contest Site, participating in the Contest without meeting the eligibility requirements, using any automated software or device to gain an advantage during the Contest, use of the Contest beyond the defined rules of the Contest, attempting to disable or overwhelm any of the Sponsors websites or the Contest Site, attempting to disrupt any portion of the Contest, including but not limited to, allowing somebody else to use your Personal Information, or tampering with entry process. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY OF THE SPONSORS' WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors are not responsible for printing or typographical errors in any Contest related materials; or for Submissions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other error; including inability to access any website associated with this Contest. The Contest is void where prohibited or restricted by law, and is subject to all applicable mandatory federal (national), state and local laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the California, USA., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City of San Francisco, California. Allow 6-8 weeks for delivery of prizes. For the grand prize winner or a copy of these Official Rules, send your request and a stamped, self-addressed envelope to FitPregnancy Capture the Moment Photo Contest, Shutterfly, Inc., 2800 Bridge Parkway, Redwood City, CA 94065, or (for grand prize winner only) send an e-mail message to photocontestinfo@shutterfly.com with "Winner's list" as the e-mail subject and contest name specified in the body of the e-mail.
12. Additional Terms and Conditions: a. Entrants agree that any and all disputes relating to the Contest shall be governed by the laws of the State of . b. Neither of the Sponsors nor any administrator are responsible for printing or typographical errors in any Contest related materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any Web site associated with this Contest, or process any transaction thereon. c. If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and/or void any entries submitted fraudulently, modify or suspend the Contest, or to terminate the Contest and prize as a result of the action requiring such termination. d. Sponsor reserves the right to modify or terminate the Contest in its entirety at any time and at its sole discretion. e. Should the Contest be terminated/modified prior to the stated end date, notice will be e-mailed to the participating participants. f. Use of automated entry devices, or Contest entry services or programs is prohibited.
13. Entrants agree to be bound by these Official Rules and by the decisions of the Sponsors, which are final and binding in all respects. The Sponsors reserve the right to change these rules or cancel the Contest at any time, at their sole discretion. The Terms of Use and Privacy Policy of each of the Sponsors are also applicable.