Photo Contest Official Rules
Photo Promotion (the “Promotion”) is sponsored by Noodle & Boo, LLC (”Noodle & Boo” “Company” or “Sponsor). By entering the Promotion, you agree to comply with and be bound by the following official Promotion rules (the “Rules”). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion.
1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
2. ELIGIBILITY. The Promotion is open to legal residents of the 50 United States, and the District of Columbia, who are at least eighteen (18) years of age or older at the time of entry and who are the parent or legal guardian of the child depicted in the entry. The Promotion is void in Puerto Rico, Rhode Island and in any other jurisdiction where the Promotion is prohibited or otherwise restricted by law, rule or regulation. Employees, officers and directors of the Company, its legal representatives, and its affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, immediate families (and those living in the same households) are not eligible to enter the Promotion. Entrants wishing to obtain a copy of these Rules may request a printed copy by writing to: Noodle & Boo, 2105 S. Bascom Ave, Suite 100, Campbell, CA 95008.
Photo Eligibility: Photos that are submitted in connection with this Promotion will only be eligible if such Photos (a) are non-professional, unpublished and taken by the participant, (b) have not won any previous prize or award, (c) are in .jpeg or .bmp image formats and do not exceed 3MB, (d) contain only the original content of the participant, (e) do not contain brand names or trademarks, (f) do not contain material that violates or infringes the rights of another, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement, (g) do not contain content that is unlawful, hateful or obscene in the Promotion Sponsor’s sole discretion, and (h) are submitted during the Promotion Period. The Promotion Sponsor will allow only those Photos that meet all of these criteria, in the sole discretion of the Promotion Sponsor, to be posted on the Website. Promotion Sponsor reserves the right, in its sole discretion, to reject, disqualify, modify, edit and revise any entries, subjects, Photos, or related materials that Promotion Sponsor deems, in its sole discretion, to be nude, obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, deceptive, fails to meet any of the above criteria, or otherwise inconsistent with its editorial standards, audience expectations, or reputational interests or that Promotion Sponsor believes may violate any applicable law or regulation or the rights of any third party. Promotion Sponsor reserves the right, in its sole discretion, to verify any element of any entry or related materials and to disqualify any entrant whose participation may subject the Promotion, Promotion Sponsor, or Promotion Sponsor’s advertisers, clients, or customers to controversy, negative publicity, scorn, or ridicule.
3. HOW TO ENTER. Photo Promotion begins at 5:00:00 AM PST on October 31, 2011, and ends at 11:59:59 PM PST on November 1, 2011. To enter complete the photo Promotion entry form. Make sure to attach an image that best describes the photo Promotion. Each entrant must include his/her correct and verifiable name, child’s first name, city, state and e-mail address.
4. HOW TO WIN. The Company will post all appropriate images and captions to the Noodle & Boo Facebook fan page. One (1) editorially-chosen winner will be selected from among all eligible entries by Promotion Sponsor or qualified judges appointed by Promotion Sponsor based on overall appearance of the child as shown in the Photo(s) (34%), personality of child as expressed through the Photo(s) (33%), aesthetic and technical quality of Photo(s) (33%). Decisions of Promotion Sponsor and any such judges are final and binding in all respects. The Company reserves the right to not post an entry should it be deemed inappropriate for the intent and purpose of the Promotion. The winner will be notified by email using the information provided when the participant entered the Promotion, within 30 days of the Promotion End Date. Such notification shall include instructions for proper acceptance of the prizes by the winners. If winner notification is returned as undeliverable, the entry with the next highest score may become an alternate winner.
5. PRIZE DESCRIPTION: The total value of prize to be awarded is not to exceed $50. Noodle & Boo Gift Certificate is redeemable for merchandise only at www.noodleandboo.com. Purchase subject to tax and shipping costs. Gift certificate is not redeemable for cash. Lost or stolen certificates cannot be replaced; non-transferable and not valid with any other offer or discount. Winners will receive a gift certificate code which will be valid for one (1) year from the date it is issued.
6. ODDS OF WINNING. The odds of winning depend on the number of entrants.
7. PRIVACY STATEMENT. For a thorough recital of the Noodle & Boo’s Privacy Policy please click here.
8. WINNERS LIST. Winners will be posted on Noodle & Boo’s Facebook fan page. Entrants wishing to obtain a copy of the list of winners may request a printed copy by writing to: Noodle & Boo, 2105 S. Bascom Ave, Suite 100, Campbell, CA 95008
9. TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the winner. Company reserves the right to withhold taxes from each winning prize, as appropriate.
10. NO SUBSTITUTION OF WINNERS. No substitution or transfer of prizes will be accommodated or permitted, other than in Company’s sole discretion.
11. PUBLICATION. Promotion entry constitutes permission for the Company to use entrants’ and/or their child’s names, photos and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law. For clarity and without limitation, Promotion Sponsor may reproduce, modify, display and otherwise use the Photos and related entry information provided by you for promotional purposes in any medium without additional compensation.
12. RELEASE. By entering the Promotion, each entrant agrees to release and hold harmless Noodle & Boo and each of its legal representatives, its affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern. Any disputes arising out of or related to the Promotion shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the parties agree to submit their dispute for resolution to the Federal District Court for Santa Clara County of California. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
13. DISQUALIFICATION. Noodle & Boo, each of its legal representatives, its affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server, or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online or mail-in entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by the Noodle & Boo, will be disqualified. If disqualified for any of the above reasons, Company reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Company, which, in the sole opinion of Company, corrupts, or impairs the administration, security, fairness or proper determination of the Promotion, Company reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. Noodle & Boo, each of its legal representatives, its affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents are not responsible for any problem with entries generated by computer hardware or software malfunction, error or failure, whatever the cause. Company’s sole responsibility for any irregular entry is replacement with another entry in a subsequent drawing, if any. If a potential winning entry is made by Internet or other computer entry, that potential winner may be required to provide Company with proof that the potential winner is the authorized account holder of the electronic mail address associated with the potential winning entry.
14. LEGAL WARNING. Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Promotion Website, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
15. HAVE A QUESTION? Visit our website at www.noodleandboo.com, call us at 888-400-5454 or write us at Noodle & Boo, LLC, 2105 S Bascom Avenue, Suite 100, Campbell, CA 95008.
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