Picture-Perfect Nursery Design Contest
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER CONTEST. THIS IS A CONTEST OF SKILL ONLY, NOT CHANCE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, DO NOT ENTER THE CONTEST, AND PLEASE DO NOT SUBMIT ANY DESIGNS TO SPONSOR. ALL DESIGNS SUBMITTED BECOME THE PROPERTY OF BABY UNIVERSE, INC. AND WILL NOT BE RETURNED.
This Contest is sponsored by PoshBabyCribs.com ("Sponsor" or "We"). We are pleased that you (the "Designer" or "you") are considering participation. By participating in the Contest and/or submitting designs to Sponsor, you are agreeing to the terms and conditions of this Agreement.
Contest Overview
Sponsor is accepting pictures of nurseries. To submit a design to Sponsor, you must follow all contest rules and Design Guidelines. You may obtain the Design Guidelines through Sponsor's web site at www.PoshBabyCribs.com/nurserydesigncontest or by submitting your request by sending a hand-printed postcard with your full name, address, telephone number and e-mail address, if available, to:
PoshBabyCribs.com Picture-Perfect Nursery Design Contest
Attn: Contest Guidelines
7164 Meadowbrooke Drive
Frederick, MD 21701
The Contest begins on January 7, 2009 at 12:01 a.m. Mountain Time and ends on June 31, 2009 at 11:59 p.m. Mountain Time. All entries must be postmarked before Contest ends. Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on entries received before the termination date.
You may submit multiple nursery designs and each will be covered by the terms and conditions of this agreement. Each design must be submitted by a single designer and each entry must be submitted in a separate mailing.
In order to qualify for a prize, the participant must be legally able to receive a prize in such a contest as determined by the relevant laws of the entrant's place of residence. Employees or family members of Sponsor, its parent company (The Parent Company) or any judging party are not eligible to participate in the contest.
Only legal residents of the United States of America ("U.S."), excluding Puerto Rico and Guam, eighteen (18) years of age or older, are eligible to participate in the Contest.
Contestants must not be professional designers by trade.
Selection of winning designs
Sponsor will review submissions for compliance with all contest rules and Design Guidelines and any designs deemed to be tasteless, objectionable or otherwise unacceptable to Sponsor may be excluded from the Contest at the sole discretion of Sponsor.
In selecting the winning designs, Sponsor may consider how well the design meets the Design Guidelines as well as the creativity of the designs and the design's uniqueness, usability and marketability Sponsor may decide to judge designs itself or utilize a third party. Sponsor shall establish judging criteria alone or in conjunction with third party and shall set its criteria for selecting the winners at its sole discretion. Decisions of Sponsor are final and binding in all respects.
Sponsor will select three (3) winning designs and award the following prizes (subject to eligibility and compliance with official rules):
- Grand Prize Winner will receive a $50 gift certificate towards the purchase of items on Sponsor's web site, www.poshbabycribs.com.
- First Runner Up will receive a $20 gift certificate towards the purchase of items on Sponsor's web site, www.poshbabycribs.com.
- Second Runner Up will receive a $10 gift certificate towards the purchase of items on Sponsor's web site, www.poshbabycribs.com.
Prizes are non-assignable and nontransferable. No substitutions allowed.
Winners may be required to execute an Affidavit of Eligibility and Compliance with Rules ("Affidavit") and/or a Liability and Publicity Release ("Release") prior to receiving any prize. Affidavits and Releases must be returned to Sponsor within ten (10) days of the date of postmark. If a selected Winner cannot be contacted for any reason within ten (10) business days from the date such Winner is announced, or if such Winner is ineligible to claim a prize or fails to sign and return the Affidavit and Release within ten (10) days as required, prizes may be forfeited and an alternate Winner will be selected.
Winners agree to provide their Social Security Number to Sponsor for tax identification purposes. Any and all federal, state, and local taxes are the sole responsibility of the Winner.
For a list of the Winners, available after October 1, 2009, send a self-addressed, stamped envelope to: Posh Baby Cribs
Attn: 2009 Picture-Perfect Nursery Design Contest Winners
7164 Meadowbrooke Drive.
Frederick, MD 21702
You understand and agree that any third party utilized in judging designs would be an independent party separate from Sponsor and would not be an agent, distributor or representative of Sponsor in communications with you and any representations, warranties or guarantees made by such third party shall not be construed as being made by Sponsor.
General Provisions
You understand and agree that review of designs takes considerable effort and that such evaluation is of significant benefit and value to you, and that your design would not otherwise be reviewed without your agreement to abide by the terms of this Agreement.
Sponsor shall have the exclusive right and option to utilize all designs submitted at its sole discretion, but shall have no obligation whatsoever to produce or otherwise use in any matter any designs submitted.
Sponsor will not be responsible for late, lost, stolen, postage due, incorrect, misplaced, damaged or undelivered mail, notices, agreements, correspondence or other design materials. Moreover, Sponsor will not be responsible for missing or damaged designs or materials. Once submitted, all designs become the exclusive property of Sponsor and will not be returned.
Taxes and fees, if any, and all expenses incurred by you in connection with submitting a design are your sole responsibility.
By agreeing to the terms of this Agreement, you agree to follow all contest rules and Design Guidelines and agree to be bound by the decisions of Sponsor. All decisions by Sponsor concerning submissions will be made by Sponsor, in its sole discretion, and shall be binding to you.
You hereby agree that if you receive any confidential Information you will return the information to Sponsor immediately upon its request and you will not disclose the confidential Information. Confidential Information means all information in written or other form whatsoever coming from Sponsor relating to present or potential business, operations, know-how, materials, technology, patents, copyrights, trademarks, materials or other similar information belonging to Sponsor which is not at the relevant time (i) generally known to the public, or (ii) legally furnished to you from a source other than Sponsor.
You understand and agree that Sponsor is involved in the business of researching and evaluating many ideas for new products and designs, that Sponsor may have previously received, or may receive, third party ideas similar or identical to yours, and that Sponsor's receipt of your designs will not in any way limit Sponsor's right to use any such third party idea as Sponsor deems appropriate.
By entering the contest you grant to Sponsor an exclusive, royalty-free and irrevocable right and license to publish, print, edit or otherwise use your submitted entry, in whole or in part, for any purpose and in any manner or media (including, without limitation, the Internet) throughout the world in perpetuity, and to license others to do so, all without limitation or further compensation. You further agree that you will not publish, publicly perform or display your submission without the express permission of Sponsor.
Except where prohibited, participation in the Contest constitutes your consent to the publication of you name, biographical information and likeness in any media for any commercial or promotional purpose, without limitation or further compensation. You are also providing consent to being contacted by Sponsor or its affiliates, partners or representatives through any media of its choosing for any reason, including, without limitation, the promotion and marketing of its own products or those of a third party.
By entering the Contest you are certifying that your submission is an original work, that the submission has not previously won a prize in a state, national or international contest, and that it has not previously been published or developed.
By participating in the Contest, you hereby release Sponsor, any other promotional sponsors and each of their respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest, or with the acceptance, possession or use of any prize (including without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).
This Agreement contains the entire agreement between you and Sponsor concerning its subject matter and supersedes all prior oral or written agreements relating to such subject matter. In the event that any provision is determined to be invalid or otherwise unenforceable, these rules can be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Sponsor reserves the right to assign, pledge, hypothecate or transfer this Agreement or its interest herein, or to license its rights herein at its sole discretion. Should Sponsor be combined with, merged or purchased by another entity, this Agreement and all rights related thereto shall automatically be transferred to the surviving entity.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Colorado (without reference to the principles of conflicts or choice of law) and, to the extent applicable, the laws of the United States. You hereby irrevocably consent to the non-exclusive jurisdiction and venue of the federal and state courts located in Denver County, State of Colorado, with respect to any claim, action or proceeding arising out of or in connection with this Agreement or the design, and you hereby agree not to commence or prosecute any such claim, action or proceeding other than in the aforementioned courts. You also hereby agree to be responsible for all attorneys' fees and court costs incurred by Sponsor in enforcing or defending its rights or obligations against you in connection with or arising from this Agreement.
This Contest and the related methodologies, designs, coding, programs and other materials are the property of Sponsor. Any commercial re-use of any materials relating to this Contest, or any reproduction or adaptation thereof without the prior written permission of Sponsor, is expressly prohibited.
