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BOO-TIFUL BABY PHOTO COSTUME CONTEST Rules


" BOO-TIFUL BABY PHOTO COSTUME CONTEST
OFFICIAL RULES


NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING.

1. SPONSOR: Disney Online, 500 South Buena Vista Street, Burbank, CA 91521 ("Sponsor"), is solely responsible for all aspects of this contest ("Contest").

2. BRIEF OVERVIEW OF CONTEST: This is a Contest to be entered during the period commencing at 12:01 A.M., September 20, and ending at 11:59:59 P.M., November 1, 2010 ("Entry Period") as a competition to select two (2) winning Entries (as defined below) from among those Contestants submitting Entries via www.BabyZone.com ("Website"). Your Contest submission must consist of the following elements: [1] a photo of a baby in costume [2] photo must be appropriate to one of the following categories: Bewitching Babies or Tots of Terror and [3] a brief photo caption not exceeding 350 characters (collectively, "Submission"). One (1) Grand Prize winner will be selected by a panel of judges ("Panel") from all valid Entries received by applying the following judging criteria: 60% for creativity and 40% appeal to users (collectively, "Criteria"). One (1) Voter's Choice Prize winner will be determined by the vote of the registered users of the Website in compliance with the Website's terms of use agreement ("Members") who participate in the voting process during the Entry Period ("Voters"). If you are not already a Member, you may easily register to become a Member for free through the link on the Website: "Join Free", by filling out the simple Registration Form. Only a valid email address ("Address") will be accepted for Member registration, as determined solely by Sponsor. For purposes of these Official Rules ("Rules"), all times and days are Pacific Time. Sponsor's computer is the official time keeping device for the Contest. The selection of winners and awarding of prizes is subject to the eligibility and forfeiture provisions set forth below. The winning Entries will be announced on or about November 24, 2010.

3. ELIGIBILITY: To be eligible for this Contest, at the time of entering you must be: [1] a natural person legally residing in, and physically located within, one of the 50 United States, District of Columbia or Canada (excluding Quebec) (collectively, "Territory"); [2] not a minor (as defined by the state or province (if Canada) of primary residence); [3] a Member and [4] not an employee of Sponsor; its parent, subsidiary, affiliated or successor companies; the advertising, promotional or fulfillment agencies of any of them (individually and collectively, "Entities"); nor members of their households or immediate families. "Household members" shall mean people who share the same residence at least three months a year. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.

4. ENTRY: During the Entry Period, you may enter the Contest by registering as a Member, clicking on the link to the Contest, agreeing to the Rules, following the entry instructions to submit your Submission and clicking on the "submit" button (collectively, "Entry"). Only valid "Addresses" will be accepted for Contestant registration as determined solely by the Sponsor; and, at Sponsor's sole discretion, a Contestant will be disqualified if he/she creates invalid Addresses with intent to affect the integrity of the Contest. Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your Address.

5. CONTEST MATERIALS: "Materials" include: [1] all information and material submitted by you in connection with the Contest, including the Entry and all other forms, contracts or releases required to be submitted by you as a Contestant, whether required by Sponsor prior to or after Entry; [2] your name, likeness, image and biographical data as contained in or reflected by the Entry and [3] all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Contest, whether submitted to Sponsor or not, including the Entry. All material owned by the Sponsor or the Sponsor's affiliated companies, including but not limited to copyright, trademark, picture, logo, title art or other intellectual property, shall remain their property and you shall acquire no rights therein by virtue of the Contest.

6. SUBMISSION LICENSE: Except as specifically provided herein, by entering the Contest, you hereby grant to Sponsor, its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Materials, in whole or in part, in all media formats and channels now known or hereafter devised (including on Sponsor's websites, on third party websites, on Sponsor's broadcast and cable networks and stations, on Sponsor's broadband and wireless platforms, products and services, on physical media, and in theatrical release), for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity ("Submissions License").

By submitting the Materials for an Entry into the Contest, you represent and warrant to Sponsor that: [1] the Materials and everything depicted therein conform to the Website's terms of use ("TOU") and these Rules; [2] you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize the Sponsor to exploit, such Materials in all manners contemplated by the TOU and these Rules (including the Submissions License); [3] no person or entity other than you has any right, title or interest in and to any part of the Materials and [4] you are not subject to any agreement or arrangement that would interfere with your entering this Contest and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder. The TOU and these Rules (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to the Materials. Upon Sponsor's request, you agree to assist Sponsor in obtaining the consent for any other applications.

7. LIMITATIONS: By submitting the Materials for an Entry into the Contest, you further represent and warrant to Sponsor that the Materials and everything depicted therein: [1] are original with you and do not originate from a magazine, newspaper or other commercial or proprietary source; [2] do not infringe upon or otherwise violate any right of any person, firm or entity; [3] do not contain any trademarks, logos, insignia, location signage, photographs, artwork or sculptures or other material (e.g., on props, costumes, background) that would infringe any third party's copyrights or trademarks; [4] have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means; [5] do not contain the likeness or photograph of any person other than the members of your family; [6] do not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable or unlawful as determined by Sponsor in its sole discretion; [7] are not commercial, business-related, advertisements or offers to sell any products or services (whether or not for profit); [8] do not solicit others (including solicitations for contributions or donations); [9] do not contain viruses or other harmful components, or otherwise tamper with, impair or damage Sponsor's websites or any connected network, or otherwise interfere with any person's or entity's use or enjoyment of Sponsor's websites; [10] generally pertain to the designated topic or theme of the Contest; [11] do not violate any specific restrictions applicable to a public forum on the Website, including its age restrictions and procedures and [12] are not antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet. Sponsor may, in its sole discretion, disqualify and remove any Entry or Contestant that Sponsor deems to be in violation of these Limitations at any time.

Entries are limited to one (1) Entry per person/Address (regardless of whether one person has more than one Address or more than one person use the same Address). In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Paragraph 4 are void. Any use of automated or programmed methods of effecting Entry is prohibited.

Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for inaccurate or incomplete capture online of Contest Entry information (including the Official Entry Form); lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in your email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified; and any attempt by a person to use multiple Addresses or identities to register more than once may result in disqualification at Sponsor's sole discretion. Sponsor is not obligated to communicate with any Contestant during the duration of the Contest. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. Please review these Rules and the TOU carefully; however, in the event of a conflict between these Rules and the TOU, these Rules will control.

8. PRIZES:

Grand Prize: will consist of one (1) Bugaboo Bee Stroller (approximate retail value ["ARV"]: $649).

One (1) Voter's Choice Prize: Prize consists of one [1] a Clek Oobr booster seat, [2] a Winnie the Pooh Infant bedding set from Disney Store, and [3] one (1) $250 gift card for Disney Store. Total ARV: $900.

Total ARV of both prizes: $1,549. Limit one prize per person/Address. Prizes are not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. Prize elements may not be separated. Sponsor will not replace any lost or stolen prize. The prizes cannot be used in conjunction with any other promotion or offer. The prizes awarded are subject to Sponsor's verification of eligibility and compliance with the TOU and these Rules. Both prizes will be awarded, provided they are validly claimed by December 21, 2010, after which no alternate winners will be selected, nor unclaimed prizes awarded.

9. PROCEDURES: Entries will only be accepted during the Entry Period. During the Entry Period, the Voters will be invited to vote on all eligible Entries received by applying the Criteria. Limit of one vote per valid Address per day for each Entry. If the Sponsor suspects invalid voting, including but not limited to, the use of script, macro or other automated or programmed methods of voting, or the setting up of an invalid Address or Addresses in order to create dummy usernames, with the intent to affect the integrity of the voting process, the perpetrators and beneficiaries will each be eliminated from the Contest, at Sponsor's sole discretion. The one (1) top Entry accumulating the most valid votes by the Voters during the Entry Period, as determined solely by the Sponsor, shall be judged to be the potential Voter's Choice Prize winner. Votes for separate Entries of the same family will not be combined. In the event of a tie for the Voter's Choice Prize winner, Sponsor shall select the winner in Sponsor's sole discretion. On or about November 2, 2010, all eligible Entries will be judged by the Panel by applying the Criteria to declare one (1) potential Grand Prize winner. The Panel's decision is final.

10.WINNERS: The potential winners will be notified by email on or about November 4, 2010. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within seven (7) business days after its transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of a prize as undeliverable; [4] potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [5] potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within ten (10) days after it is mailed; [6] potential winner's failure to claim a prize within ten (10) days after it is sent; [7] potential winner's failure to validly claim any prize before December 21, 2010 and [8] any other non-compliance with these Rules or the TOU. In the event of a prize forfeiture, Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes, expenses, costs and fees associated with the receipt or use of the prizes are the sole responsibility of the winners, who will each receive an IRS Form 1099 reflecting the final actual value of his/her prize.

11. PRIVACY POLICY/DATA COLLECTION: All personal information provided by you for the Contest is subject to Sponsor's privacy policy located at http://www.kaboose.com/privacy_disney.html

12. CONDITIONS: By submitting the Materials for an Entry in the Contest and/or accepting any prize you may win, you agree that: [1] you will be bound by the TOU, Rules and Sponsor's decisions, which shall be final and binding in all respects; [2] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry, selection or use of an Entry or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in the Contest or in any Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information; [3] the Releasees do not make any representation, warranty, or guarantee, express or implied, relating to the Contest or prizes; [4] winner's acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information, statements about the promotion and/or live and taped performances of interviews for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [5] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond Sponsor's reasonable control, that corrupt, prevent or impair the administration, security, fairness or proper play of the Contest, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify these Rules, Entry mechanisms for the Contest (including the systems used to conduct the Entry and selection process), the Entry Period and prize award procedures or to cancel, modify, terminate or suspend the Contest; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable; [6] the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in advertising, Rules, selection and announcement of the winners and distribution of the prizes; [7] any portion of any prize not accepted or used by any winner will be forfeited; [8] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [9] Sponsor has the right, at any time in its sole discretion, to disqualify any individual it suspects: to be doing any of the following: (a) tampering or attempting to tamper with the Entry process or the operation of the Contest or the Website; (b) violating these Rules; (c) violating the TOU, privacy policy or any other terms, conditions of use and/or general rules or guidelines of any Contest property or service; (d) acting in bad faith, in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) for any other good cause as determined solely by Sponsor; [10] since any attempt by any individual to deliberately undermine the legitimate operation of the Contest is a violation of these Rules as well as criminal and civil laws; and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [11] all disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to the Contest, the meaning or interpretation of these Rules or the prizes to be awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [12] any Claims shall be resolved individually, without resort to any form of class action and [13] any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-o-pocket expenses and all rights to have damages multiplied or otherwise increased.

13. RULES & WINNERS' LIST: For names of winners (after November 24, 2010) and/or Rules (before November 1, 2010), send a self-addressed, stamped envelope to: Boo-tiful Baby Photo Costume Contest, Disney Family.com, 500 South Buena Vista Street, Burbank, CA 91521, designating either winners list or Rules. Winner's first names, initial of last names and cities of residence will be posted on the Website on or about November 24, 2010.
Contest Photo Tips and Guidelines:
  • Avoid clutter. Keep the background simple -- your gingerbread house or holiday cookie is the star!
  • Daytime, natural light is best. If your area is bright enough, try taking the photo without the flash.
  • Upload a horizontal photo. If you crop the image on your computer, make sure you keep a landscape 4:3 aspect ratio.
  • For best results, make your image 1200x900 (or "save for web").
  • With a digital camera, you can take as many photos as possible and choose the best one. Have fun!