Happy Baby Contest – Official Rules

.

1. Eligibility: The IncrediBundles.com Happy Baby Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years old at time of entry and who did not purchase any special equipment for the purposes of entering this Contest. Employees of IncrediBundles.com LLC, Summers Laboratories, Inc., YouTube, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, municipal, territorial and local laws and regulations. Void where prohibited.

2. Sponsor & Administrator: IncrediBundles.com LLC, 244 Madison Avenue, Suite 980, New York, NY 10016 U.S.A.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest Entry Period begins on May 12, 2010 at 12:00 a.m. Eastern Time (”ET”), ends on August 31, 2010 at 11:59 p.m. ET (the “Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest.

5. How to Enter: During the Submission Phase, visit http://incredibundles.com/section/happy-baby-contest/ and follow the links and instructions to complete the entry form (including your first and last name, home mailing address, email address, etc.) and upload and submit one (1) video of your happy baby (the “Submission”). By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines: Each Submission:

  • Must be in English;
  • Must be one of the file formats listed on the Contest website;
  • Must not exceed two (2) minutes in length;
  • Must not exceed one (1) GB in size; and
  • Must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
  • Content Restrictions: Each Submission:
  • Must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
  • Must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
  • Must not contain brand names or trademarks;
  • Must not include personally-identifiable information;
  • Must not contain footage, images or artwork not created by entrant;
  • Must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • Must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • Must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Submission is created.

.

For All Submissions: Limit: Maximum of three (3) Submissions per person during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. The person who submits the Submission will be deemed to be the entrant. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. All individuals appearing in the Submission must be at least eighteen (18) years or older at the time the video was recorded. If requested by Sponsor, entrant must be able to provide such permissions and/or proof of age in a form acceptable to Sponsor. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used for the Submission will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.

6. Winner Determination: Users will be able to view and rate submitted videos until September 30, 2010. Within approximately two weeks after the end of the user voting period, a panel of qualified judges determined by Sponsor in its sole discretion will select the entrant with the highest-scoring Submission from among all eligible Submissions, who will be deemed the potential winner of the Grand Prize, based on the following criteria (”Judging Criteria”):

  • Total Number of Unique Views on YouTube (33%);
  • Overall Rating and Comments From Users (33%); and
  • Quality of video (34%).

.

In the event of a tie, the entrant whose Submission received the highest score in the Overall Rating and Comments From Users category, as determined by the qualified judges in their sole discretion, will be deemed the potential winner. The judges will also select three (3) runner-up winners.

7. Winner Requirements: The potential Grand Prize winner and Runner-up winners will be notified by email, mail or phone on or around October 15, 2010. Each potential winner will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (”Affidavit”), which must be received by Administrator within three (3) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted within a reasonable time period, fails to sign and return the Affidavit within the required time period, is not in compliance with these Official Rules, or if prize notification is returned as undeliverable, he/she forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to an alternate entrant at Sponsor’s sole discretion. Acceptance of a prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law

8. Prizes: ONE (1) GRAND PRIZE: A Year of Diapers and A Year of Triple Paste from IncrediBundles.com (approximate retail value: $648 USD) and THREE (3) RUNNER-UP PRIZES: 3-Month Supply of Diapers and Triple Paste from IncrediBundles.com (approximate retail value: $183 USD each). The total retail value of all prizes is $1,198. Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize with one of comparable or greater value, in its sole discretion. Winners are responsible for all federal, state and local taxes, if any, and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Limit: One (1) prize per person.

9. Release: By participating, entrant agrees to release and hold harmless the Sponsor, Summers Laboratories, Inc., YouTube, LLC, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in New York, NY or the appropriate New York State Court located in New York, NY, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, U.S.A.

13. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy http://www.incredibundles.com/Privacy-Policy.html.

14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than November 1, 2010. For the Winner List please submit a written request via U.S. Mail to the Sponsor at the address mentioned above.

© 2010 IncrediBundles.com LLC. All rights reserved.

Newsletter Sign Up:

At IncrediBundles.com, we decided that the traditional baby gift basket needed a drastic revision. So, we threw out the wicker basket, paper shred, cellophane and generic baby care products. In their place, we designed adorably chic reusable storage containers and filled them with the very best award-winning toys, books and products for babies – selected by child development experts and approved by parents. The result is our innovative line of IncrediBundles, each designed to address a specific area of an infant’s development. Gift-givers can choose from our extensive line of pre-configured bundles or order a Custom Bundle tailor-made for the recipient. Additionally, we offer unique Bundle Subscriptions including A Year of Toys, A Year of Books and A Year of Diapers. These subscriptions are gifts that keep giving throughout a baby’s first year. We offer free shipping in the U.S. and also make a donation to a charity with every bundle purchase. The IncrediBundles.com Charity Network consists of a select group of the country’s most respected charities that support children and families in need. Each charity is aligned with a bundle category and a corresponding donation is made for every purchase from that category. Our partner charities include First Book, Sesame Workshop, Water for People, Global Green, CJ Foundation for SIDS and Room to Grow.