BabyFirst’s “My First University – Yearbook” terms and conditions
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE SWEEPSTAKES IF YOU ARE NOT A LEGAL RESIDENT OF THE 50 UNITED STATES AND 21 YEARS OF AGE OR OLDER.
THIS OFFER MAY NOT BE REPRODUCED, REPRINTED OR PUBLISHED ELSEWHERE IN ANY FORMAT WITHOUT THE WRITTEN PERMISSION OF THE SPONSOR.
A. Official Rules: BabyFirst “My first University ” Sweepstakes.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. VOID WHERE PROHIBITED.
- Dates: The “Sweepstakes-Period” is from December 29th, 2018 (“Sweepstakes-Start”) through January 19th, 2019 (“Sweepstakes-End”).
- Eligibility: This Sweepstakes is open to legal residents of the 50 United States and D.C. (excluding, without limitation, Puerto Rico and other U.S. territories) who are 21 years of age and older at the time of entry. Employees, directors and their immediate families (spouse, parents, children, siblings, and each of their spouses regardless where they live) or members of households of BFTV, LLC, and its respective parent companies, subsidiaries, advertising, design, print production and publicity agencies and anyone connected with the production and distribution of this sweepstakes, are not eligible to enter or be awarded a prize.
- How to Play: 1) One entry will be allowed per person. Participants must download my first university app, upload a child photo in the relevant categoty and share the produced clip on social media , for a chance to win by January 24th 2019 No purchase necessary. 2) sharing the post is
- Winner Selection: potential winners will be chosen, in random drawings, from all eligible entries awarded and received, on or about January 24th 2019 . The potential winner will be notified by email provided at Sponsor’s sole discretion. Potential winner will have five (5) business days to confirm all contact information, eligibility and the desire to receive the prize. The potential Grand Prize winner will be required to execute and return a notarized Affidavit of Eligibility, Liability and Publicity Release within seven (7) days of the date on notification. If a potential winner fails to comply on time or if a prize-notification or prize award is returned or cannot be delivered, it will be concluded definitively that the prize has been declined and, without further notice, an alternative potential winner will be selected. A prize will be awarded only if winner complies with all these Official Rules and if prize is properly claimed.
- Quantities, Prizes, Approximate Retail Value (ARV) and Odds: (5) Prizes: 100$ shopping spree : Dependent on total number of eligible entries awarded and received. A prize does not include anything not specifically mentioned as part of the prize in these Official Rules.
- General: Sweepstakes administration, winner selection and prize claim verification will be conducted by BFTV,LLC. By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including, but not limited to, fraud or Force Majeure or any other causes beyond Sponsor’s control. By entering, all participants release, indemnify and hold harmless, including costs and attorneys’ fees, BFTV, LLC and its respective affiliates, parent companies, subsidiaries, successors, agents and representatives and their respective, advertising, design, web design, web hosting and production agencies and print production agencies and all their respective shareholders, directors, officers and employees, one and all, from all liability (including attorney’s fees and costs) regarding participation in the Sweepstakes and, without limitation, for any injuries, losses or damages of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize or participation in any Sweepstakes related activity. By accepting a prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney’s fees and costs) which might arise from redeeming or seeking to redeem said prize. Only manufacturer’s warranties apply to prizes. Sponsor (i) makes no warranty, guaranty or representation of any kind concerning any prize; and (ii) disclaims any implied warranty. The right to receive a prize is non-assignable and non-transferable and no prize substitutions or exchanges or cash equivalents will be allowed except by Sponsor who reserves the right to substitute a prize, or a portion of a prize, of equal or greater value in case of unavailability of any prize or Force Majeure. Duplicate, illegible, mutilated, postage due or incomplete mail-in entries, copies and other mechanical reproductions and entries from groups and syndicates are not permitted. Proof of mailing is not proof of receipt. Mail-in entries will not be returned or acknowledged.
- Sweepstakes void where prohibited, licensed, restricted or taxed. All federal, state and local laws and regulations apply. If any provision of this Sweepstakes shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect.
- This offer may not be reproduced, reprinted or published elsewhere in any format without the written permission of the sponsor.
- All taxes are the winner’s responsibility.
- Acceptance of a prize constitutes permission to use a winner’s name, town and state, voice and likeness and any and all identifying characteristics including, but not limited to, the taking of videographs and/or videos by Sponsor’s photographer/videographer for publicity purposes, in perpetuity, without further consent or compensation, unless prohibited by law and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
- Sponsor and all production agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
- Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Los Angeles County, California without giving effect to the conflict of laws rules thereof. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys’ fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
- This Promotion is sponsored by BFTV, LLC, 3550 Wilshire Blvd, 20th Floor | Los Angeles, CA 90010 (“Sponsor”)
B. BFTV, LLC’s “My first University ” picture Submission, Terms & Conditions
- Photo SUBMISSION: During the registration process, each participant will be required to click where indicated to confirm that such participant agrees to be bound by these Official Rules. Any Submission that includes content that is deemed inappropriate, indecent, obscene or otherwise does not comply with the BabyFirst standards as determined by BFTV in its sole discretion, will not be eligible. BFTV is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected Submissions which are void. In addition, by entering, participants represent and warrant that the entries that they submit: are their own original creations, do not infringe any other person’s or entity’s rights and has obtained permission from the people featured in the Submission to enter. In addition, by submitting a Photo, Participant hereby consents to allow BFTV to air the Photo on the BabyFirst TV network, website, social sites and YouTube
- GENERAL RULES: By entering or participating in the Submission, Participants agree to be bound by these Official Rules. BFTV assumes no responsibility for electronic hardware, programming or software malfunctions, or failures, or line connections, accessibility or availability, or technical failures of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of any Submission or other information, or for the failure to capture any such information. BFTV is not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, or by any of the equipment or programming associated with or utilized in the Submission; (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 (4) technical or human error which may occur in the administration of the Submission or the processing of entries. Participants, by participating in this Contest, hereby waive and release, and agree to hold harmless, BFTV and its respective parents, subsidiaries, affiliates, distributors, advertising and agencies and all of their respective officers, directors, employees, representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the Submission, or their participation in the Submission. Except where prohibited, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Submission shall be resolved under the laws of the State of California, without respect to any conflict of law issues, and Participant agrees that such shall be resolved individually, without resort to any form of class action, and exclusively by the Federal and State Courts of Los Angeles County, California.
- Photo SUBMISSION AGREEMENT: For good and valuable consideration (including without limitation the possibility of airing and/or publication of my baby’s Photo, the receipt and sufficiency of which is hereby acknowledged, I, hereby grant to “BFTV” its licensees, successors, heirs, and assigns, the absolute, perpetual and irrevocable right and permission, but not the obligation, in respect of thosePhoto that I submit to BFTV of my child to: copyright the same, in BFTV’s own name or otherwise, and to use, re-use, exploit, publish and re-publish the Photo in whole or in part, individually or in conjunction with other materials, and to modify, crop, alter, distort, edit or retouch reproductions of the Photo to post the in whole or in part on the BFTV TV network, website, social pages, and YouTube channels, and to use my and my child’s first name, picture, image, silhouette, and other reproductions of my and my child’s likeness, in connection with the use and exploitation of the Photo in any and all media, whether now known or hereinafter devised. I agree that BFTV shall have all right, title and interest in said use or exploitation of the Photo and I and my child agree to release and discharge BFTV, BFTV’s employees, agents, licensees, successors and assigns from any and all claims, demands or course of actions that I or my child may now have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the granted rights for the use or exploitation of the Video/Photo. I further represent and warrant that I and my child are the sole owner of all rights, title and interest in the Video/Photo, and that no third parties have any right title or interest in such Video/Photo. I and my child agree to execute such further documents and instruments as BFTV may request to effectuate the terms and intentions of this Release. No breach of this Release shall entitle me to terminate or rescind the rights granted to BFTV herein, and I and my child hereby waive the right, in the event of any such breach, to equitable relief or to enjoin, restrain or interfere with the production, distribution, exploitation, exhibition or use of any of the rights granted, it being my understanding that my and my child’s sole remedy shall be the right to recover money damages with respect to any such breach. This Release expresses the entire understanding between BFTV and me and my child, and I agree that no oral understandings have been made with regard thereto. This Release may be amended only by written instrument signed by BFTV and me. I acknowledge that in granting the rights granted, I and my child have not been induced to do so by any representations or assurances, whether written or oral, by BFTV or BFTV’s representatives concerning the manner in which the rights granted may be exercised or not exercised, and I and my child agree that BFTV is under no obligation to exercise any of the rights granted and agree I and my child have not received any promises or inducements other than as herein set forth. The provisions hereof shall be binding upon me and my child and our heirs, executors, administrators and successors. This Video Release shall be construed according to the laws of the State of California with venue for any dispute solely in the state and federal courts in Los Angeles County, California. I represent and warrant that I have read this Video Release and I am familiar with the contents thereof. I represent and warrant that I am the father/mother/legal guardian of the afore-named child, and I have the full and sole power and authority to execute this agreement on such child’s behalf.
- BFTV: BFTV, LLC, 3550 Wilshire Blvd, 20th Floor | Los Angeles, CA 90010 (“Sponsor”).