OFFICIAL RULES
OPEN ONLY TO LEGAL RESIDENTS, 18 YEARS OF AGE OR OLDER, OF THE UNITED STATES (EXCEPT RESIDENTS OF PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND OVERSEAS MILITARY INSTALLATIONS). VOID WHERE PROHIBITED. DO NOT ENTER UNLESS YOU MEET THE ELIGIBILITY CRITERIA BELOW.
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING.
CONTEST DESCRIPTION. The #HappiestHalloween2019 Photo Contest (the “Contest”) is sponsored by Happiest Baby, Inc., located at 3115 S. La Cienega Blvd., Los Angeles, CA 90016 USA (“Sponsor”). Three Contest winners will each receive one (1) Amazon Gift Card, worth $100. The Contest begins at 8:00 a.m. Pacific Standard Time on October 30, 2019 and ends at 11:59 p.m. PST on November 1, 2019 (the “Contest Period”). Sponsor will select the three Contest winners in accordance with the procedures set forth below and will announce such winners before November 3, 2019. By participating in the Contest, you unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Additionally, you represent and warrant that you meet the eligibility requirements. You agree to the Sponsor’s terms of use located at https://www.happiestbaby.com/pages/terms-of-use and the Sponsor’s privacy policy located at https://www.happiestbaby.com/pages/privacy-policy. The Contest is not in any way sponsored, endorsed, administered by, or conducted in association with, Twitter, Facebook, Instagram or any entity other than Sponsor.
WHO MAY ENTER. Only legal residents in the United States of America at the time of entry (except residents of Puerto Rico, all U.S. territories and possessions and overseas military installations) who are 18 years of age or older at the time of entry are eligible to participate. Directors, officers and employees of the Sponsor, and its respective parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, financers, printers and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “Sponsor”) and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to enter or win.
Sponsor reserves the right to restrict participation in the Contest or disqualify any entry in the Contest for any reason including, but not limited to, any act in violation of these official rules or for any disruptive, unethical or illegal conduct.
HOW TO ENTER. To participate in the Contest, you must have an Instagram account. During the Contest Period, upload your own photograph which showcases your baby’s Halloween costume. Upload your photograph to your Instagram account with the hashtag #happiesthalloween2019 (the “Hashtag”), tag @happiest_baby (the “Tag”) and follow @happiest_baby on Instagram during the Contest Period. Once you upload your photograph to your Instagram account using the Hashtag and Tag you will receive one (1) entry. Your entry must include the Hashtag and Tag in order to be eligible. Your Instagram account must be set to permit public viewing in order for Sponsor to receive your entry. By using the Hashtag in connection with your Instagram post, you are acknowledging and agreeing that Sponsor has the right to post your photo through the Instagram API or otherwise use your post as set forth in these Official Rules.
SUBMISSION REQUIREMENTS. Each photograph that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be considered (a photograph that meets all such requirements will be referred to as a “Submission”): (i) the photograph must be the submitting entrant's original, previously unpublished work and not contain any third-party copyrighted material (including without limitation, copyrighted images); (ii) the submitting entrant should be able to provide, upon request, any and all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the photograph (including any parent or legal guardian), location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph (in the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Contest); (iii) the Submission may not feature content that is, in Sponsor’s sole and absolute discretion, considered obscene, pornographic, libelous, defamatory or otherwise objectionable; and (iv) the Submission must adhere to safe use of SNOO Smart Sleeper: when using the SNOO Sack with SNOO always have the zipper closed at the top and bottom, do not place any item with a string or other strangulation hazard in SNOO, never place additional objects in SNOO such as blankets, pillows, toys or other objects, and ensure that SNOO is only operated with baby properly in SNOO Sack with the safety wings properly engaged with the safety clips.
Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Submission that violates any of the above criteria. All Submissions must be received before the end of the Contest Period in order to participate in the Contest. The Sponsor is the official timekeeper for the Contest. Proof of sending a Submission is not considered proof of delivery to or receipt by the Sponsor of the Submission.
All personally identifiable information collected in connection with the Contest may be used by Sponsor in accordance with Sponsor’s privacy policy, located at www.happiestbaby.com/pages/privacy-policy. Any communication or information transmitted to Sponsor and/or Instagram in any form will be treated as non-confidential and non-proprietary. Sponsor may engage a third-party platform or application provider (for ease of reference, a “Third-Party Application Provider”) to administer certain aspects of the Contest, including without limitation, the online collection of entry information.
WINNER SELECTION / JUDGING. At the end of the Contest Period, Sponsor will monitor and review the initial submissions for eligibility. Sponsor will judge all eligible Submissions entered to select the top three (3) Submissions (the “Finalists”). Sponsor will judge all eligible Submissions on the following criteria: (i) number of total likes and votes on IG platform https://www.instagram.com/explore/tags/happiesthalloween2019/ (50%), (ii) creativity (25%); and (iii) photo quality (25%). The determination of the Finalists shall be final and binding and will not be subject to challenge or appeal.
PRIZES. The three winners will each receive one Amazon Gift Card, worth $100. Use of the gift cards shall be subject to the card issuer’s terms and conditions.
GENERAL PRIZE CONDITIONS. The winners may not substitute their prize for any other prize or award. Sponsor reserves the right in its sole discretion to substitute the prize with a prize of comparable value, in whole or in part, for any reason. All portions of the prize(s) with its terms and conditions are non-assignable and non-transferable. Each potential winner may be required to execute an affidavit or declaration of eligibility, a liability release and (where imposing such condition is legal) a publicity release releasing Sponsor and each of its respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, contracts, agreements, causes of action, costs, expenses and obligations of every kind and nature whatsoever in and in connection with any prize a contestant may win (collectively, “Prize Claim Documents”). The execution and submission of the Prize Claim Documents to Sponsor shall be a condition precedent to the potential winner actually becoming a winner. If a potential winner fails or refuses to sign and return all Prize Claim Documents within three (3) days of Sponsor’s provision of such documents, such winner may be disqualified, and an alternate winner may be selected from among the remaining eligible Submissions. The prize restrictions/conditions stated herein are not all-inclusive and the prizes may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents. By entering the Contest, all entrants understand and agree that all Submissions are posted on the Internet (and any other media as designated by the Sponsor in its sole discretion) for public view and any such posting will be deemed made at the direction of the contestant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
Prize will be awarded only if the potential winner fully complies with these Official Rules. All costs, including federal, state and local taxes, meals, insurance, and other expenses not specifically identified as included in the prize, are the sole responsibility of the winner. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
RULES GOVERNING POTENTIAL WINNERS: The potential winning contestants will be notified by Instagram direct message within three (3) days following Sponsor's determination of winner at which time winner must provide email, regular mail and telephone number to be formally notified through one of those communication channels. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within forty-eight (48) hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential winner, the potential winner will automatically forfeit the prize and an alternate potential winner may be selected. If any potential winner is found to be ineligible, or if such potential winner has not complied with these Official Rules (including executing and submitting the Prize Claim Documents) or declines the prize for any reason prior to receipt, such potential winner will be disqualified and an alternate winner may be selected. The Sponsor may successively attempt to select and contact up to two (2) potential winners in accordance with such procedure, and if there is still no confirmed winner after such attempts have been made, if any, the applicable prize may go unawarded at Sponsor’s discretion. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (at the Sponsor’s sole discretion) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
GENERAL CONDITIONS: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, the Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or violates these Official Rules.
DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Contestants who will participate in the Contest.
RIGHTS GRANTED BY CONTESTANTS: By providing a Submission, each contestant hereby grants to the Sponsor an irrevocable, perpetual, non-exclusive, transferable, worldwide license and right to reproduce, modify, publicly perform, publicly display, distribute and otherwise use entrant’s actual or simulated likeness, photograph, name, biography and other information, performance, poses, personal characteristics, biography, voice, instrumental, musical or other sounds or visual effects and attributes (the “Publicity Rights”) in all forms of media now known or hereafter developed for any lawful purpose pertaining to promoting the Sponsor’s products and services, including, without limitation, advertising and publicity purposes, as well as in connection with the Contest, without further consideration, notification or permission of such entrant or any third party. Each entrant who enters the Contest represents and warrants that (a) the Submission does not contain any harmful computer code and is not otherwise corrupted; (b) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (c) the Submission does not and will not violate or infringe other people’s intellectual property (including, without limitation, copyright and trademark), privacy, publicity or other legal rights; and (d) the Submission is not abusive, harassing, harmful to reputation, disparaging of Sponsor or its products, services or events, pornographic, immoral, offensive, sexually explicit, indecent, profane, obscene, hateful, racist, unnecessarily violent, derogatory of any ethnic, racial, gender, religious, professional or age group, encouraging of alcohol, illegal drugs, tobacco or firearms/weapons (or the use of any of the foregoing) or any activity that may appear unsafe or dangerous or otherwise objectionable and does not contain trademarks, logos or trade dress owned by others, without permission, any personal identification, such as full personal names, e-mail addresses or street addresses, copyrighted materials owned by others (including photographs, sculptures, paintings or other works of art or images published on or in websites, television, movies or other media) or anything not in keeping with Sponsor’s image. Each contestant hereby agrees to indemnify and defend the Sponsor and each of its respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agent from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of such entrant hereunder.
REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION. Each person who enters this Contest represents and warrants to Sponsor as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify and hold Sponsor harmless from and against any and all third-party claims, actions, losses, judgments or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. In no event shall entrant have any right to seek or obtain injunctive or other equitable relief with respect to the Publicity Rights, the Contest, the Submission, and/or the advertising, promoting, or publicizing related thereto, and hereby releases Sponsor from any liability with respect thereto.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Sponsor have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Sponsor and each of its respective officers, directors, shareholders, employees, agents, representatives, successors, licensees, and assigns, from all claims and liability of any kind whatsoever, arising out of or related to, the exercise of any of the rights granted above, including, without limitation, for any violation of contestant’s or any other third party rights of privacy, publicity, defamation, or any other personal or property right.
GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering, you agree to release and hold harmless the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors, as well as Instagram, Facebook and Twitter, from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) your participation in the Contest and/or your acceptance, possession, use, or misuse of any prize or any portion thereof (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the contestant’s claim that he or she has somehow been defamed or portrayed in a false light); (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; and (v) electronic or human error in the administration of the Contest or the processing of entries.
GOVERNING LAW. All disputes arising from the Contest shall be governed by the laws of the state of California without giving effect to any choice of law/conflict of law doctrines. Subject to the arbitration clause below, all disputes arising from this Contest shall be resolved in the exclusive venue of the appropriate court sitting in the County of Los Angeles, California. By participating in the Contest, you consent and submit to the personal jurisdiction of such court, including for entry of judgment on any arbitration or attorney fee award.
ARBITRATION AND WAIVER. By participating in the Contest, you (i) waive the right to trial by jury and the ability to participate in a class action; (ii) agree that all claims related to the Contest (collectively, “Claims”) will be will be resolved by confidential arbitration administered by the Judicial Arbitration and Mediation Services in Los Angeles County and conducted before a sole arbitrator; and (iii) waive the right to seek punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased and the arbitrator will have no authority to award such damages. The arbitrator will follow California law in adjudicating the dispute without regard to conflict of law/choice of law doctrines. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, the Claims will be joined to an arbitration involving any other party subject to these rules whether through class arbitration proceedings or otherwise. Unless the Sponsor and you agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding. To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against the Sponsor in any court, or in arbitration, with respect to any claims.
LIST OF WINNERS: The names of the winners of this Contest will be posted on the @happiest_baby Instagram Feed once such winners have been selected.
[End of Official Rules]