BFTV, LLC's "#BabyFirstBDAY" Photo Submission, Terms & Conditions
1. ELIGIBILITY: BabyFirst ("BFTV") Submission (the "Submission") is open to participants who are at least eighteen (18) years old at the time of entry. All employees, agents, and contractors of BFTV, LLC, and 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. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted.
2. PHOTO SUBMISSION: During the Promotion, visit http://www.facebook.com/babyfirsttv and follow the links and instructions to submit a photo featuring your child (the "Submission"). Submission Requirements: 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
3. 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.
4. 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 those photos 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 photos in whole or in part, individually or in conjunction with other materials, and to modify, crop, alter, distort, edit or retouch reproductions of the photos 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 photos 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 photos 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 photos. I further represent and warrant that I and my child are the sole owner of all rights, title and interest in the photos, and that no third parties have any right title or interest in such photos. 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 Photo 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 Photo 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.
9. BFTV: BFTV, LLC, 10390 Santa Monica Blvd, Los Angeles, CA 90025