This Promotion is intended for viewing and participation on the Treasure Coast in the state of Florida. Please do not enter if you are not a legal resident of, and not located in, the Treasure Coast at time of entry. VOID WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Entry constitutes your acceptance of these Official Rules and Regulations.
When Does the Happy Bottoms Baby Photo Contest Start?
Promotion Period: Happy Bottoms Baby 2021 starts November 10, 2020 at 12:01 AM Eastern Time (“ET”) and ends November 24, 2020 11:59pm ET to submit your child(ren) baby photo to Happy Bottoms
Do not miss the deadline.
Who May Participate: To be qualified for the contest your child must between the age of 1 day to 36 months old. (3 years) on the date of entry.
You must be at least 18 years of age, legal guardian of the child in the photos, and a legal resident of the Treasure Coast. Winner must show Identification and the child’s birth certificate or proof of guardianship. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after November 1, 2020, was or is a director, officer, or employee of CareBag Inc., (the “Sponsor”), or its parent, subsidiaries, affiliates, franchisees, service agencies, or advertising and promotion agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion or engaged in the administration or execution of this Promotion (collectively, with the entities listed in 2(a), the “Promotion Entities”); and (c) persons who are or purport to be immediate family members (defined as biological or step-mother/father, sister, brother, daughter, son or dependent or spouse of any of the foregoing, regardless of where they reside) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories. Void in the U.S. Virgin Islands and other U.S. territories and States except Florida in the area called the Treasure Coast and possessions, and where prohibited by law. Promotion is subject to all applicable federal, state, and local laws.
How To Enter The Promotion: During the Submission Period, photos and entry form responses that are posted on the official Happy bottoms Photo Search 2020 submission website (carebagfl.org)
By submitting your photo for consideration, you confirm that you have read and accept these Official Rules and Regulations, and you confirm that you are the parent/legal guardian of any minor(s) in the photo. The photo(s) submitted are each referred to herein as an “Entry”. Entries are subject to all Entry Requirements set forth herein to be valid; see entry requirements below for Submission Requirements. By submitting an Entry, you hereby warrant and represent that your Entry conforms with the Entry Requirements set forth herein.
Limit: Maximum of one entry per child per family throughout the entire Submission Period.
Entry Requirements: The following guidelines set by the Sponsor must be followed for each Entry:
(1)Entry must be a photo taken within the thirty (30) days prior to date of Entry;
(2)You must own all rights to the Entry and have the right to grant Sponsor a license to use the Entry (including any material embodied in the Entry);
(3)The Entry must include a photo of one (1) and only one (1) of your children per Entry, unless the children are multiples (twins, triplets, etc.); only one (1) Entry per set of multiples.
(4)You must be the parent or legal guardian of the child depicted in the Entry;
(5)The Entry cannot contain the image or likeness of any other individual other than your child,
(6)The Entry may not include a photo taken by a professional photographer;
(7)The Entry may not include a photo collage (2 or more photos combined into one image)
(8)Any child included in an Entry must be appropriately clothed (or wearing a diaper). Images of naked children or children in bath tubs will not be eligible or accepted;
(9)The Entry must be suitable for a family audience and contain only content that, in the sole and unfettered discretion of Sponsor, is suitable for a general audience;
(10)The child included in an Entry must not be represented by an agent or manager and must not be subject to any guild, union or other organization or agreement that would restrict or prohibit participation in this Promotion;
(11)The Entry must comply with these Official Rules and any Terms of Service on the Website;
(12)The Entry must not, in the sole and unfettered discretion of Sponsor, incorporate any elements of entries submitted by other entrants;
(13)The Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any inappropriate content;
(14)The Entry cannot promote alcohol, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
(15)The Entry cannot be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group;
The Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, Promotion Entities or their products or other people, products or companies;
(16)The Entry cannot prominently feature trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to music, product packaging, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by entrant or as authorized by Sponsor for use by entrants in connection with the Promotion;
(17)The Entry cannot (in the sole discretion of Sponsor) advertise or promote any brand or product of any kind other than the Sponsor’s, including, but not limited to, any of Sponsor’s competitors, any of Promotion Entities’ competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
(18)The Entry cannot contain materials embodying the name, likenesses, voices or other indicia identifying any other person, living or dead, unless you have express permission from that person to use their likeness and performance in connection with the Promotion;
(19)No background artwork or material shall appear in the Entry unless it is the original work of the entrant;
(20)Entries must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
(21)The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
(22)The Entry cannot violate any law or otherwise be inappropriate; all as determined by Sponsor in its sole discretion.
(23)Filters on photos will not be accepted and will disqualify your entry.
Promotion GRAND Prize Winner Determination. There will be two (2) rounds of Grand Prize judging.
First round which starts from November 30, 2020 to December 9, 2020 is to qualify 125 entries advancing to the second round.
Second round Grand Prize judging (December 10-18). A panel of judges will select the grand prize winner. Winner announced December 23, 2020
Judging Criteria. Entries will be judged based on the following criteria: (a) visual appeal of the child(ren) in the photo; (b) expressiveness of child(ren) in photo; and c) consistency with wellness
Grand Prize (1 available). The Grand Prize Winner will receive one (1) $1000 in gifts and prizes. And will be named Happy Bottoms 2021 baby of the year.
Total Value of all Prizes available to be won: $1,000.00.
How to Claim Your Prize. The Potential Grand Prize Winner (Potential Winner) will be notified via email with instructions on how to be confirmed as a Winner and claim their prize. Once the message is sent, Potential Winner will have 48 hours to respond. Before being declared a winner, Potential Winner (or parent/legal guardian, where applicable) will be required to execute and return in person an Affidavit of Eligibility, a Liability Release, a photo release form, and, where lawful, a publicity release, as well as any other documents required by Sponsor, within three (3) business days from the time responding. or the prize may be forfeited, and, at the Sponsor’s sole discretion, the prize may be awarded to an alternate winner. By accepting a prize, each Winner agrees and consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law.
Runners up for best smile, best giggles, best eyes will receive $100 in prizes.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry requirements set forth herein in its sole discretion. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. You acknowledge that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By entering, entrants (i) acknowledge compliance with these Official Rules and Regulations including all eligibility requirements and, (ii) agree to be bound by all decisions of the Sponsor and/or Promotion Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Promotion. All issues of interpretation to be decided by Sponsor. Decisions of Sponsor and judges are final and binding in all matters. Entrants who have not complied with these Official Rules and Regulations are subject to disqualification and all associated Entries will be void.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Promotion Entities from any claims to the contrary. By accepting a prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify any winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
By participating in the Promotion, entrants agree to indemnify and hold Promotion Entities as defined harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Promotion Entities, or any of them, arising out of or in connection with the participation by the entrants in this Promotion, or any breach by the entrants of the foregoing warranties. By participating, entrants agree to these Official Rules and Regulations, which are final and binding in all respects.
Carebag Inc. is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery. CareBag Inc. clock is the official timekeeping device for this Promotion.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram or Facebook.
If a dispute arises regarding the identity of an entrant, such Entry will be deemed to be submitted by the authorized account holder of the email account corresponding to the Entry and he/she must comply with these Official Rules and Regulations. Each entrant may be required to show proof of being the authorized account holder.
CareBag Inc. reserves the right to disqualify any entrant’s registration in the Promotion (and void all associated Entries) or entitlement to a prize, if, in the sole discretion of the CareBag Inc., it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair entry or playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
Each Entry must be unique; duplicate Entries and/or automated Entries are prohibited. Entrants may not enter under multiple names nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. If it is discovered that you have entered or attempted to enter the Promotion more than one (1) time, all of your Entries will be declared null and void, and any Prize you might have been entitled to (if any) may be forfeited, by CareBag Inc. sole discretion.
Conditions of Entry. By submitting an Entry, each entrant grants, represents and warrants that the entrant has the rights and authority necessary to grant Sponsor an irrevocable, perpetual, non-exclusive, fully paid-up, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Entry and all elements of the Entry, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from Entrant or any third party.
As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, Promotion Entities, Instagram, Inc., and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of any prize; (b) to comply with all the rules; (c) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (d) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (e) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrants be entitled to receive attorneys’ fees and court costs.
Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws, including criminal prosecution. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize, and all associated Entries will be void. Entrants who have not complied with these Official Rules are subject to disqualification and all associated Entries will be void.
From the Board and Directors of CareBag Inc. 10/2020