OFFICIAL RULES

 

1. Sponsor: The California Baby Mom & Dad Photographers Contest (the “Contest”) is sponsored by California Natural Living, Inc d/b/a California Baby (“Sponsor”).

 

2. Contest Eligibility: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry (the “Entrant”). Employees of Sponsor, its promotional agencies involved in this Contest, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.  Participation constitutes Entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

3. How to Enter: Entrants must fill out the Entry Form in its entirety and submit five (5) photographs of their family or previous photography work.

• Photographs must be original photographs shot by Entrant since January 1, 2022. Entrant certifies that he/she is the sole creator and copyright owner of the submitted photograph.
• Cropped photographs are eligible for submission. Minor adjustments, including the removal of sensor dust or scratches on scans of negatives, dodging and burning, sharpening, contrast, toning, slight color adjustment and conversion to grayscale are acceptable.  The addition and subtraction of objects is not permitted.
• For a photo in which a person is recognizable, you must be prepared to submit a model release from the subject or, in the case of a minor, the subject’s parent or guardian.  If the entrant is unable to provide all required releases, Sponsor in its sole discretion reserves the right to disqualify the submission, seek to secure the required releases, or permit the submission to remain in the contest.
• Photographs must be taken in accordance with federal, state and local laws.
• Photographs that violate or infringe upon another person's rights, including but not limited to copyright, are not eligible.
• Each Photograph must be suitable for presentation in a public forum. Photographs that contain any content or material that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, violent, racist, derogatory of any ethnic, racial, gender, religious, professional or age group or otherwise inappropriate or objectionable, as determined by Sponsor in its sole and absolute discretion, are ineligible.  
• Photographs cannot and will not promote any activity that is unsafe, hazardous, dangerous or prohibited by law. 
• Photographs must not disparage Sponsor or any other person or party affiliated with this Contest.
• Only one (1) Submission may be submitted by each Entrant. All Entries must be submitted online by November 20, 2023 at 11:59:59 PM Pacific Time (“PT”). Sponsor’s computer is the official clock for this Contest. Submission Guidelines: Submissions that do not meet the following “Submission Guidelines” are subject to disqualification at Sponsor’s sole and absolute discretion:

Photographs must comply with the Official Rules and any Terms of Use and meet all specifications or requirements called for in advertising for the Contest.

4. Contest Period: Entries will be accepted online ending on by 11:59:59 pm PT on November 20, 2023. Sponsor’s Computer is the official time-keeper for this Contest.

5. General: Some files may be too large to email or may not be accepted by some email systems. No responsibility is assumed for viruses, technical, hardware, software or other email entry malfunctions of any kind or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the entry for the Contest. If the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at their sole discretion, to cancel, terminate, modify or suspend the Contest. In such an event, Sponsor reserve the right to choose winners from all eligible entries received. Mutilated entries or entries missing any required information will not be accepted. Multiple or duplicate entries received will be disqualified. Responsibility for receipt of entry rests solely with the entrant. All entries become the property of the Sponsor. Sponsor will not return or acknowledge receipt of entries. 

By submitting an entry, Entrants a) represent that their entries constitute original works that do not violate the property rights of any other person or organization, and b) grant Sponsor the right to reprint, exhibit, distribute, televise, promote, and otherwise use the entries, in whole or in part, in various media throughout the world without further compensation unless otherwise prohibited by law.: Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules (as determined by the Sponsor in its sole and absolute discretion) will be void and will not be entered into the Promotion’s prize drawing. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or who acts in a disruptive or unfair manner.

Sponsor reserves the right to use, refuse, edit or modify any submission from its original format or content. Limit one entry per person. 

 

6. Selection of Winners/Prizing: 

Five (5) grand prize winners (the “Winner”) will be selected from amongst all eligible entries received. Entries will be evaluated by a panel of judges according to the following criteria: (i) overall quality of photographs; (ii) composition; (iii) artistic approach; (iv) lighting; (v) Focus; and (vi) technique. Each criterion will be scored in accordance with the following scoring structure:

 

• Overall Quality of the Photographs (1-3 points)

How well do the Entry Photographs capture the model(s) and the overall environment to produce a pleasing result? 

• Composition (1-3 points)

The arrangement of the forms within the Entry Photographs should be pleasing to the eye. How well did the Entrant use the available space? 

• Artistic Approach (1-3 points) Are the Entry Photographs captured in an aesthetically and visually pleasing manner? 
• Lighting (1-3 points)

How well did the photographer work with lighting to produce a realistic, natural effect. 

• Focus (1-3 points)

Are the photographs sufficiently sharp to achieve realistic results?

• Technique (1-3 points)

How well were the Entry Photographs processed? Were the digital enhancements, if any, skillful? 

The five (5) Entrants who get the highest combined score will be the Winners and will become California Baby “Mombassadors.” The likelihood and odds of winning a particular prize depend on the quality of each entry compared to the quality of other entries, as judged by the criteria stated in these Official Rules. Any and all tiebreakers will be determined by the Sponsor in their sole discretion. Winners will be selected on or about December 1, 2023. Winners will be announced on or about December 10, 2023.  

Winners will be notified by e-mail, at the e-mail address stated on the Contest Entry Form, within three (3) business days after selection. An inability to contact the winner or a return of prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Sponsor is not responsible for late, unsent, inaccurate, or incomplete Entries, regardless of cause, including without limitation, due to human or technical error, whether caused by the entrant or by any of the equipment or programming associated with or utilized in this Contest, or by any technical or human error that may occur in the transmittal of any Entry or the processing of any function on the entrant’s computer system. Entrants must notify Sponsor of any changed contact information within the Entry Period to remain eligible to win based on an Entry.

Sponsor shall have no liability for a Winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for Winners’ provision of incorrect or otherwise non-functioning contact information. If the selected Winner cannot be contacted, is ineligible, fails to claim the prize within three (3) business days after the notification, the prize may be deemed to be “Unclaimed”. Unclaimed prizes may be added to future contests or awarded to an alternate winner at the sole discretion of Sponsor. Winners may waive their right to receive prizes. Prizes are not assignable and not transferable. No refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). 

Winners are solely responsible for reporting and payment of any taxes on prizes. Winners may be required to complete an affidavit of eligibility, a liability and publicity release, (except where prohibited by law), and sign the Mombassador Agreement and Influencer Guidelines (collectively, the “Agreement and Releases”), which must be returned within ten (10) days of receipt. Failure to sign and return the Agreement and Releases within ten (10) days, or to comply with any term or condition of these Official Rules, may result in a winner's disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner according to the criteria set forth in these Rules. 

 

7. Grand Prize: Each Winner will win five hundred and ninety-nine dollars ($599) worth of California Baby products and will become a California Baby “Mombassador.”  The California Baby products will be sent to each Winner every two (2) months over a period of  twelve (12) months.  The selection of California Baby products included in the Grand Prize is at Sponsor’s sole discretion. 

 

Every two (2) months, each “Mombassador” will take at least ten (1) high quality photographs of their family using California Baby products within 3 weeks of receiving the new California Baby Products and send the photographs to Sponsor.  Photographs must comply with the conditions outlined in section 8 (the “Photography Agreement”), below. Sponsor will repost the photographs on their website and social media. Failure to comply with the Photography Agreement can result in the cancellation of the Grand Prize at Sponsor’s Sole Discretion.  The products awarded as the Grand Prize are non-transferrable and cannot be substituted for cash.  Winners are prohibited from reselling the products awarded as the Grand Prize and reselling can result in the cancellation of the Grand Prize at Sponsor’s sole discretion.

8. Photography Agreement:  

Winner agrees to submit to Sponsor at least 10 high quality photographs every two (2) months showing their family using California Baby products. Photographs must be submitted within three (3) weeks of receiving the California Baby Products and must comply with the following guidelines:

• Photographs must be original photographs shot by Winner. Winner certifies that he/she is the sole creator and copyright owner of the submitted photograph.
• Photographs must display at least one (1) California Baby product.  
• Photographs must be natural.  Photographs that are cropped and/or feature minor adjustments and or/editing, including the removal of sensor dust or scratches on scans of negatives, dodging and burning, sharpening, contrast, toning, slight color adjustment and conversion to grayscale are acceptable.  The addition and subtraction of objects is not permitted.
• For a photo in which a person is recognizable, you must submit a model release from the subject or, in the case of a minor, the subject’s parent or guardian.  Photographs must be taken in accordance with federal, state and local laws.
• Photographs must not visibly show brands other than California Baby. Photographs must not violate or infringe upon another person's rights, including but not limited to copyright.
• Photographs must be suitable for presentation in a public forum. Photographs that contain any content or material that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, violent, racist, derogatory of any ethnic, racial, gender, religious, professional or age group or otherwise inappropriate or objectionable, as determined by Sponsor in its sole and absolute discretion, are not permitted.  
• Photographs cannot promote any activity that is unsafe, hazardous, dangerous or prohibited by law. 
• Photographs must not disparage Sponsor or any other person or party affiliated with this Contest. 

While Winners are not required to share or repost photographs showing California Baby (including but not limited to Photographs submitted as part of this Contest) or discuss the California Baby brand on their personal social media pages, Winner must comply with the Mombassador Agreement and Influencer Guidelines and ensure that all claims made about California Baby products are truthful, accurate, and substantiated, comply with applicable regulatory requirements and state and local laws.  Mombassador must clearly and conspicuously disclose their relationship with Sponsor (e.g., use the hashtag #CaliforniaBabyPartner) in all social media posts featuring California Baby.  Failure to comply with the Photography Agreement, the Mombassador Agreement and/or Baby Influencer Guidelines can result in cancellation of the Grand Prize. 

 

9. Participation: By their participation, Entrants agree to be bound by these Official Rules as solely determined by Sponsor and their management. In the event the Contest is compromised by tampering or other causes beyond the reasonable control of Sponsor, which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserve the right 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 the entries received before the termination date.
   
10. Publicity: Except where prohibited by law, participation in the Contest constitutes each Winner’s express consent to Sponsor’s and its agents’ use of the Photographs, prize information, and winner’s name, likeness, photograph, voice, opinions, biographical information and/or hometown and state for advertising, trade, promotional or publicity purposes in any form of media now known or hereafter developed, worldwide in perpetuity, without further notice, review or approval, permission or compensation. If you do not agree to these terms, you should not participate in the Contest. Winner affirms that it is able to furnish releases for all recognizable individuals in the Photographs. 

 

11. Limitations of Liability: By entering the Contest, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action, and entrant waives his or her right to a jury trial for such disputes, claims, and causes of action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

 

12. Construction: Except where prohibited, all issues and questions concerning the Contest, including but not limited to, the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants or Sponsor in connection with the Contest, shall be resolved individually, without resort to any form of class action, and be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In addition, any dispute relating to the Contest (including these official rules) shall be brought in the appropriate California state court in Los Angeles County or federal court in the Central District of California. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees and under no circumstances will entrant be permitted to obtain awards for, and entrant 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. 

12. General Release: By entering the Contest, entrants release and covenant not to bring claim against Sponsor and their respective parents, subsidiaries, affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses, death, 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). The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the valid or enforceable provision was not contained therein.
13. Winner List: For the Winner List, please send an e-mail to miles@californiababy.com with "ATTN: California Baby Mom & Dad Photographers Contest Winners”