Official rules for Baby of the Week contest

Jan. 13, 2013 at 2:13 PM ET

TODAY

TODAY’s JOHNSON’S® Baby of the Week Contest

Official Rules

May 15—May 28, 2013

PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The TODAY’s JOHNSON’S® Baby of the Week Contest (“Contest”) will begin on May 15, 2013 at 12:01 A.M. ET and end on May 28, 2013 at 11:59 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received. Contest is subject to all applicable federal, state, and local laws.

ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, Johnson & Johnson Consumer Companies, Inc., 199 Grandview Road, Skillman, NJ 08558 (collectively, “Sponsors”), and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.

HOW TO ENTER: The Contest consists of two (2) weekly periods (each a “Weekly Period”) conducted over the Contest Period. Each Weekly Period will consist of: (i) an entry period (a “Weekly Entry Period”) as detailed in the chart below (each with a “Weekly Period Start Date” and a “Weekly Period End Date”); and (ii) weekly judging conducted on the weekly judging date (“Weekly Judging Date”), as specified in the chart below, from among all eligible Entries received during the corresponding Weekly Entry Period. Entries for each Weekly Period must be received by the Weekly Period End Date for that particular Weekly Period as specified in the chart below. Limit one (1) Entry per person, regardless of method of Entry, during the Contest Period. The timing of your Entries will determine which Weekly Period they are entered into. Entries not selected as a Winner (defined below) will be rolled into the next Weekly Period during the Contest Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by script, macro or other automated means are void.

Weekly Period

Weekly Period Start Date

Weekly Period End Date

Weekly Judging Date

(on or about)

1

12:01 A.M. ET on May 15, 2013

11:59 P.M. ET on May 21, 2013

May 22, 2013

2

12:01 A.M. ET on May 22, 2013

11:59 P.M. ET on May 28, 2013

May 29, 2013

There are two (2) ways to enter the Contest.

1.       Facebook Entry: To enter on Facebook, during the Contest Period, access the TODAY Moms Facebook website at http://www.facebook.com/todaymoms (“Website”). Then, click on the “JOHNSON’S® Baby of the Week” tab (“Contest Tab”) to access the third party application and then follow the instructions provided to access, complete, and submit an entry form, which has required fields including your name, address, telephone number including area code, baby’s name and date of birth, baby’s birth weight and your email address (“Facebook Entry”). As part of your Facebook Entry, you must submit one (1) photo of your newborn baby (zero (0) to eight (8) weeks old) (“Photo”) along with a brief statement of thirty (30) words or less about Photo and/or your experience as a parent (“Statement”).

2.       Website Entry: To enter, during the Contest Period, visit http://www.TODAY.com/Babies, click on the “JOHNSON’S® Baby of the Week” block and follow the provided instructions to access, complete, and thereafter submit the entry form, which has required fields including your name, address, telephone number including area code, baby’s name and date of birth, baby’s birth weight and your email address (“Website Entry”). As part of your Website Entry, you must submit one (1) Photo and Statement (see above for details).

All Facebook Entries and Website Entries (collectively, “Entries”) become the property of Sponsors and will not be acknowledged or returned. You must submit Photo and Statement as part of your Entry to enter and be eligible for Contest. Photo must be original (that is, taken by you), and must be true and verifiable. You must be the parent or legal guardian of the baby appearing in Photo. Baby in Photo must be between zero (0) and eight (8) weeks old during Contest Period. Baby must be the only person that appears in Photo. Professional Photos and Photos with watermarks are not eligible. Statement must be original (that is, written by you), true, and verifiable. Statement must be submitted in the English language. You must have permission of any person that you identify or otherwise refer to in your Photo and Statement (collectively, the “Submissions”).

By entering Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity without compensation, notification, permission, or approval. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.

Entries must be received by 11:59 P.M. ET on the Weekly Period End Date for each Weekly Entry Period to be eligible for the corresponding Weekly Period. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

JUDGING: One (1) or more qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select three (3) potential winners (“Winners”) on or about each Weekly Judging Date based on the following judging criteria (“Judging Criteria”): Originality of Statement (30%) and Expression/Personality (70%). There will be a total of six (6) potential Winners selected during the Contest Period. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Expression/Personality as a potential Winner. In the event a tie remains, the tied Entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be a potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsors reserve the right to pick fewer than six (6) Winners, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Sponsors will make two (2) attempts to notify potential Winners at the phone number and/or email address submitted at the time of entry.PotentialWinners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within forty-eight (48) hours of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any Prize (defined below) or Prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria.          

PRIZE: There will be six (6) prizes awarded (“Prizes”) during the Contest Period, with one (1) Prize to each Winner. Each Prize will consist of the following: an opportunity for the winning Photo to appear on air on the TODAY Show (“Appearance”); one (1) fifty dollar ($50) Babies"R"Us gift card; and one (1) JOHNSON’S® Baby BEDTIME® Keepsake gift set (“Gift Set”).

Estimated Retail Value (“ERV”) of each Prize is eighty dollars ($80). ERV of Gift Set is thirty dollars ($30). ERV of Appearance is zero dollars ($0). ERV of all Prizes is four hundred and eighty dollars ($480). Actual Retail Value (“ARV”) of Prizes may vary. Any difference between stated ERV and ARV will not be awarded.

All details of Prizes will be determined by Sponsors in their sole discretion. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Prizes are subject to certain terms and conditions as specified by issuer. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of each Prize are the sole responsibility of each Winner. Each Prize cannot be transferred by each Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If a Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries based on the Judging Criteria.

CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Facebook, and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final.Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.

ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.

DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the names of Winners, available after May 31, 2013, visit www.TODAY.com/Babies, or send a self-addressed, stamped envelope to be received by July 31, 2013 to: TODAY’s JOHNSON’S® Baby of the Week, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, Attn: Jane Weaver.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to Sponsors and not to Facebook.

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