ALDI Little Journey Baby Photo Contest 2016
Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN THE ALDI BABY PHOTO Contest 2016 (“CONTEST”).
Submission constitutes your acceptance of these Terms and Conditions.
PARTICIPATION DATES & PROMOTION STRUCTURE: Contest begins June 1, 2016, at 12:00 PM Central Standard Time (“CST”) and ends June 22, 2016, at 11:59 AM CST (“Submission Period”). The Submission Period will be followed by a voting period starting at 12:00 PM CST on June 22, 2016, and ending at 12:00 PM CST on June 29, 2016, (“Voting Period”). The ten (10) participants with the most amount of votes will be considered finalists. One (1) grand award recipient will be selected from the ten (10) finalists.
WHO MAY PARTICIPATE: Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age at the time of submission and are parents or legal guardians of a child (or children) who is (are) between one (1) day old and twenty-four (24) months old on the date of submission. Children of participants 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 Contest. Employees and the immediate families of employees (spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households, whether or not related) of ALDI Inc. (“Promoter”), Weber Shandwick or their respective parents, affiliates, subsidiaries, award supplier(s), distributors and advertising and promotion agencies (collectively, “Promotional Parties”) are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. (“Facebook”). You understand you are providing your information to Sponsor and not to Facebook. The information you provide will only be used for Contest administration.
HOW TO PARTICIPATE: Submission into the Contest is free.
During the Submission Period, login to your Facebook account, visit the ALDI Facebook page at www.facebook.com/aldi.usa and navigate the page to the designated Contest tab, and follow the instructions provided to complete the Submission form and upload your child(ren)’s photo and submit.
All Submissions must be made before the end of the Submission Period. Once a Submission is made, you will not be permitted to change that Submission; however, if any Submission is invalid, participant may receive an email advising that his/her invalid Submission was disqualified and he/she may attempt to submit again if time permits. By uploading a Submission, you consent to receiving emails from Promoter and/or its licensees and assignees relating solely to the Contest.
Limit one (1) valid Submission per participant using only one (1) Facebook account. You may only use one (1) Facebook account to participate in the Contest. Any Submissions received from any person or Facebook account in excess of the limitation stated above will be void. Submissions for multiples or siblings in the same are considered one (1) Submission and must include all children within the same photo. Any attempt to make more than the stated number of Submissions by using multiple email addresses or by any other method may void all Submissions from that participant. A child (or children) can only be the subject of one (1) Submission. Subsequent Submissions received for any child(ren) after the first valid Submission received for that child(ren) will be void. Incomplete Submissions, including but not limited to those Submissions that do not address the requirements set forth in these Terms and Conditions, will not be eligible for voting or judging. Proof of sending does not constitute proof of actual receipt by Promoter for purposes of these Terms and Conditions. Submissions or votes generated by script, macro or other automated or improper means and Submissions or votes made by any means which subvert the participation process will be void in Promoter’s sole discretion.
SUBMISSION REQUIREMENTS: Participant acknowledges and agrees that professional photographs (i.e., photographs taken by a photographer who was paid to take such photographs) are not eligible for this photo contest and that they are the sole copyright owner of the Submission. Photo collages (i.e., 2 or more photos made into one photo) are not eligible for this Contest. In addition, Submissions may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By uploading a Submission, participant warrants and represents that he/she is the parent or legal guardian of the child(ren) featured in the photo, has all necessary copyrights to submit, owns the submitted photos and consents to the submission of such photos.
All photos must have been taken within the thirty (30) days prior to date of submission to be considered. If requested by Promoter, the participant must be able to provide proof in a form acceptable to Promoter that he/she is the parent or legal guardian of the child(ren) featured in the photo. All photos must be in either .jpg or .png format. Maximum photo size of 50MB. All Submissions are subject to approval by the Promoter, which reserves the right not to post or, after posting, to remove, a Submission for any reason.
Submission may not contain, as determined by the Promoter, in its sole discretion, any content that:
- includes any individual other than the participant’s child(ren) or ward;
- includes any child who is not dressed according to these rules: all children, regardless of age, must be clothed or wearing a diaper on their bottom. No naked children or children in bath tubs will be eligible or accepted;
- appears to duplicate any other Submission; if multiples of the same image are submitted only one will be considered, others will not be eligible or accepted;
- contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains a watermark from a photographer, or is labeled as a sample/proof;
- is inappropriate, offensive, or obscene;
- communicates messages or images inconsistent with the positive images and/or good will to which Promoter wishes to associate; and/or violates any law.
Promoter reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion, including its determination in its sole discretion that a Submission fails to satisfy any of the above requirements.
LICENSE TO USE SUBMISSIONS: By uploading a Submission, each participant grants, and represents and warrants that the participant has the rights and authority necessary to grant Promoter 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 Submission and all elements of the Submission, including without limitation, the photo and the likeness of any locations, city, state, and/or persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from participant or any third party (which includes the right to allow voters to share participants’ Submissions on Facebook). You further represent and warrant that you did not work with parties in conjunction with your Submission who are (i) represented under contract (i.e. by a talent agency or manager) that would limit or impair Promoter’s ability to display Submission in any media form; (ii) subject to an acting or modeling contract that would make his/her appearance in the Submission a violation of any third-party rights; or (iii) under any other contractual relationship, including but not limited to guild and/or union memberships that may prevent Promoter from being able to use the Submission as set forth herein.
FINALISTS DETERMINATION: Eligible Submissions made during the Submission Period will be displayed as voting-eligible photos on the Contest tab of the ALDI USA Facebook page at www.facebook.com/aldi.usa during the Voting Period. During the Voting Period, individuals will be invited to log on to their Facebook account and visit the Little Journey Photo Contest tab of the ALDI Facebook page and follow the instructions provided to vote for their favorite Submission. Limit one (1) vote per person per day using only one (1) Facebook account. You may only use one (1) Facebook account to vote. Votes received from any person or Facebook account in excess of the stated limitation during the Voting Period will be void. Participants are prohibited from obtaining votes by any fraudulent or inappropriate means as determined by Promoter in its sole discretion, including, without limitation, offering awards or other inducements to any person, creating or using multiple accounts for the primary purpose of circumventing voting rules, or directly or indirectly using automated or improper means to submit votes or create accounts. Submissions may be disqualified if they are found to have benefited from votes submitted in violation of these Terms and Conditions. Promoter reserves the right to validate all votes received through any means determined by Promoter in its sole discretion. Subject to verification of eligibility and compliance with these Terms and Conditions, and execution of a Declaration (as defined below), the ten (10) participants that receive the highest number of valid votes during the Voting Period, as determined by Promoter, will be deemed the Finalists. In the case of a tie, a “tie-breaking” judge will determine any Finalist(s) at issue based on the Judging Criteria (as defined below). Promoter reserves the right not to select ten (10) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions during the Submission Period. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
GRAND AWARD RECIPIENT DETERMINATION: All ten (10) Finalists determined during the Voting Period will be judged by a panel of judges, which may include Promoter’s marketing staff and those of its advertising agencies, to determine the top scoring Submission based on the following criteria: (1) visual interest and appeal of the child(ren) in the photo; (2) expressiveness and captivating qualities of child(ren) in photo; and (3) alignment with ALDI’s goals and mission (collectively, the “Judging Criteria”). The one (1) Submission with the highest score based on the Judging Criteria, as determined by the judges in their sole discretion, will be deemed the Grand Award Recipient, subject to verification of eligibility, compliance with these Terms and Conditions, and execution of an Affidavit/Release (as defined below). Promoter reserves the right not to select a Grand Award Recipient if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
Judges’ and Promoter’s decisions are final and binding on all matters.
GRAND AWARD RECIPIENT AND FINALIST NOTIFICATION: Potential Finalists will be notified via phone, mail or email following the completion of the Voting Period. The potential Grand Award Recipient will be notified via phone, mail or email on or about August 1, 2016. Prior to being confirmed as the Grand Award Recipient or Finalist or receiving any award, participants whose Submissions are selected as potential Grand Award Recipient or Finalist will be required to provide proof of identity, verification of eligibility and compliance with these Terms and Conditions, and will also be required to execute and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”) as well as any other documents required by Promoter, all of which must be completed and/or received fully-executed within 7 (seven) days of date notice or attempted notice is sent or such potential Grand Award Recipient or Finalist may be disqualified, any award forfeited, and an alternate potential Grand Award Recipient or Finalist may be selected. Participants agree that, if they are selected as a potential Grand Award Recipient or Finalist, Promoter may conduct a background check, and participants agree to execute all documents necessary for Promoter to obtain such background check. Factors that would result in disqualification as a potential Grand Award Recipient or Finalist include, without limitation, having been charged with or convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc. In the event it is determined that: (a) any participant has not complied with these Terms and Conditions, (b) Promoter is unable to contact a potential Grand Award Recipient or Finalist within a reasonable time period, (c) potential Grand Award Recipient or Finalist has failed to execute and return any required documents within the specified time period or has made false statements in connection with his/her participation in the Contest, or (d) an Award notification is returned as undeliverable, then such potential Grand Award Recipient or Finalist and his/her Submission may be disqualified and the participant may be required to promptly return to Promoter his/her Award (or equivalent value). If potential Grand Award Recipient or Finalist is disqualified for any reason, at Promoter’s discretion, a runner-up Grand Award Recipient or Finalist may be selected for the Award at issue, at Promoter’s and judges’ sole discretion.
NINE (9) FINALIST AWARDS: Each Finalist will receive a gift basket of Little Journey products Approximate Retail Value (“ARV”) of each Finalist gift basket is $100.
ONE (1) GRAND AWARD: The Grand Award Recipient will receive (i) a $30,000 cash award provided in the form of a check; (ii) a $5,000 cash award provided in the form of a check which can (but is not required to) be used for any purpose; including any taxes that may be associated with award acceptance; (iii) $500 in ALDI baby products; (iv) a professional photography session with the Grand Award Recipient’s child(ren) who was(were) featured in the Submission (photographers and team will travel to Grand Award Recipient) and the opportunity to appear in ALDI brand advertisements (to be determined by Promoter in its sole discretion). Approximate Retail Value of Grand Award is $35,500. Appearance in the ALDI advertisement may be subject to additional agreements and other documents specified by Promoter, and Grand Award Recipient will be required to execute such documents. Exact nature of advertisements will be determined by Promoter or its licensees or assignees in their sole discretion. Promoter does not guarantee the opportunity for the Grand Award Recipient’s child(ren) to appear in an ALDI ad. In the event Promoter is unable to include the Grand Award Recipient’s child(ren) in any ALDI advertisement for any reason, no compensation or substitution will be provided in lieu thereof; however, the remainder of Award will be provided.
GENERAL AWARD CONDITIONS (FOR ALL AWARDS): Grand Award Recipients and Finalists are responsible for all federal, state and local taxes and any other costs and expenses associated with Award acceptance and use not specified herein as being provided. Grand Award Recipients and Finalists may not transfer, substitute or redeem any non-cash Award for cash, but Promoter reserves the right at its sole discretion, to substitute an Award (or portion thereof) with one of comparable or greater value. Total ARV of all Awards: $40,400. All Award details are at Promoter’s sole discretion. Limit: one (1) award per household/family.
GENERAL CONDITIONS: Award acceptance constitutes permission (except where prohibited by law) to use the names of Grand Award Recipients, Finalists and their child(ren) or ward(s), Submissions, likenesses, performances, Awards won, photographs, statements and biographical information (all at Promoter’s discretion) for future advertising, publicity and other purposes in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Promotional Parties, Facebook and their respective officers, directors, agents, representatives and employees (collectively, “Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, delayed or undelivered Submissions; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials from the Website or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Submission to be received by Promoter on account of technical problems, traffic, congestion on the internet or the Website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit participant’s ability to participate in this Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the tabulating of votes, the incorrect uploading of photos, the announcement of Awards or in any Contest-related materials. Promoter reserves the right to modify, suspend or terminate the Contest for any reason, including in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity of, or proper participation in the Contest and, if terminated, at Promoter’s discretion, (i) determine the Grand Award Recipient and Finalists using all non-suspect, valid votes received up to time of cancellation; and/or (ii) to determine the Grand Award Recipient and Finalists using all non-suspect, eligible Submissions received up to time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Submissions received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Submission will be deemed to be the participant and must comply with these Terms and Conditions. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses. Promoter reserves the right at its sole discretion to disqualify any individual it finds or suspects to be tampering with the Submission or voting process or the operation of this Contest or any website, including any act that is intended to or has the effect of annoying, abusing, threatening, harassing, or disparaging any other participant, Promoter or any of its representatives or to otherwise be acting in violation of these Terms and Conditions and void all associated Submissions. CAUTION: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Promoter reserves the right to seek any and all remedies from any such participant to the fullest extent permitted by law and to disqualify such participant from the Contest.
By making a Submission, participant acknowledges and agrees that Promoter may obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest, developed by Promoter or the Promotional Parties and/or other ideas or submissions received in other promotions staged and/or sponsored by the Promoter, and participant hereby waives any and all claims participant may have had, may have, and/or may have in the future, that any similar Submission or other works accepted, reviewed and/or used by the Promoter (or their respective designees) may be similar to participant’s Submission. Participant acknowledges and agrees that the Promoter does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to participant’s Submission.
MISCELLANEOUS CONDITIONS: By participating in the Contest, participants (i) agree to be bound by these Terms and Conditions, including all eligibility requirements, and (ii) agree to be bound by the decisions of Promoter and judges, which are final and binding in all matters relating to the Contest. Failure to comply with these Terms and Conditions may result in disqualification from the Contest. Promoter reserves the right to permanently disqualify any person it believes has directly, indirectly, or in concert with any other person, violated these Terms and Conditions, and to void all associated Submissions. By uploading a Submission, each participant further represents and warrants that they are the parent or legal guardian of the child(ren) who is (are) pictured in the Submission and have all permissions to feature the child(ren) in the Submission, and agree that they will provide any documentation reasonably requested by Promoter to establish such status or authority.
RELEASES: By entering the Contest, participants for themselves and any child(ren) of theirs whose photograph or other information is (are) used in connection with the Contest agree to release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of any Award, the administration of the Contest, the operation of any website or Released Parties’ use of any of the rights granted herein (including any claims arising out of the use of third party content). Released Parties assume no responsibility for the conduct of any participant or person or the responses of anyone appearing in any Submission.
DISPUTES AND CHOICE OF LAW: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest or any Award provided shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Promoter in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
GRAND AWARD RECIPIENTS AND FINALISTS’ NAMES: If you would like the names of the participants whose Submissions were chosen as Grand Award Recipient and Finalists (available after August 2, 2016), send a self-addressed, stamped, envelope to: ALDI Little Journey Photo Contest c/o Jodie Kehoe, Weber Shandwick, 875 N Michigan Ave, Suite 2400, Chicago, IL 60611 for receipt no later than August 16, 2016.
PROMOTER: ALDI Inc., 1200 North Kirk Road, Batavia, IL 60510.
CONTEST ADMINISTRATOR: Weber Shandwick, 875 N Michigan Ave, Suite 2400, Chicago, IL 60611.