Rules

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Submit your information and a photo of your child.

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Share to vote for your favorites each month, anyone can vote.

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THE NEOGRAFT® PHOTO SEARCH 2017 TERMS AND CONDITIONS


NO PURCHASE NECESSARY TO PARTICIPATE IN OR WIN THE NEOGRAFT PHOTO SEARCH 2017.



Entry constitutes your acceptance of these Terms and Conditions. Please be aware that users who do not comply with these rules are at risk of losing the right to participate in this or subsequent Searches or other promotional events put on by Promoter, access and use this website or further legal action in serious cases. This may include our co-operation with law enforcement agencies and other authorities if necessary. Remember that user activity is traceable and not anonymous. Online actions may have offline consequences.

PARTICIPATION DATES & PROMOTION STRUCTURE: Promoter is seeking Submissions of eligible photos, as set forth below, and will award one monthly prize during the 2017 year to the subject of one of the eligible Submissions, all subject to the Terms and Conditions set forth below (each monthly search, a “Search”). Each Search runs monthly by calendar month, beginning at 12:00 AM Eastern Time ("ET") of the first day of each month and ending at 11:59 PM ET of the last day of each month (each, a "Submission Period"). One (1) of twelve (12) monthly prize winners will be selected at the end of each month during the Submission Period from among all eligible Submissions received during the Submission Period.


WHO MAY PARTICIPATE: Search is open only to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico who are of legal age of majority in their jurisdiction of residence (and at least 18) and are parents or legal guardians of a child (or children) who is (are) between one (1) day old and forty- eight (48) months old on the date of entry. 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 Search. 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 NeoGraft ("Promoter") or its respective parents, affiliates, subsidiaries, prize supplier(s), distributors and advertising and promotion agencies (collectively, "Promotional Parties") are not eligible to enter or win. Void where prohibited by law. Search is subject to all applicable federal, state and local laws.


HOW TO PARTICIPATE: Entry into the Search is free.


Before entering the Promotion, participants must first register with Promoter. Visit here and follow the links and instructions to register. Then proceed to enter the Promotion as outlined below:
During the Submission Period, visit here, and follow the instructions provided to upload and submit your child(ren)'s or ward(s) photo.


Follow the instructions to upload a photo of your child(ren) or ward(s) and submit all required information on the registration form (the registration form and photo shall hereinafter collectively be referred to as the "Submission"). 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. By uploading a Submission, you consent to receiving emails from Promoter and/or its licensees and assignees relating solely to the Search.


Limit one (1) valid Submission per participant per Search. Submissions for multiples or siblings are considered one (1) Submission and must include all children within the same photo. If a Submission contains multiple subjects and is selected as a monthly winner, only one award will be issued for the Submission. 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 during a Submission Period 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 search 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 photo search. In addition, Submissions may not have been previously published, may not have won previous awards, whether in a previous Search or in other contests, 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 authority to make the Submission, including, without limitation, receiving necessary permission from any other parent and/or guardian, has all necessary copyrights to submit, and 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, .png, or .bmp format. Maximum photo size of 5 MB. 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. All children in the over one (1) year of age must also be clothed on top. 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 (e.g. 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 /their 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. Any material created by or on behalf of the Promoter utilizing a Submission or any part thereof is and shall remain the property of the Promoter but, for clarity, you retain ownership of the original Submission, subject to the license granted under these Terms and Conditions.

AWARD RECIPIENT DETERMINATION: During the Submission Period, Submissions will be made available for vote here and all registered users of the Voting Website will be entitled to submit one (1) vote per Submission Period on the Submission they believe to the best Submission. The Submission that receives the most votes during a Submission Period, as determined on the date immediately following the end of the Submission Period, will be the winner of that Search. Promoter or its agent will attempt to police vote submissions to ensure compliance with the foregoing; provided, however, Promoter will have no responsibility or liability whatsoever for failing to do so. Attempts by any party to submit more than one vote through use of multiple emails, websites, or other means, or attempts to influence a Search through any means that Promoter deems, in its sole and absolute judgment, to be foul play or detrimental to the integrity of the Search, including, but not limited to, attempting to purchase votes or degrade Submissions, will result in removal all votes made through impermissible means and may result in disqualification of a related Submission, termination of such participant’s rights to submit photos or vote in later Searches, and legal action.


COMMENTS: Users of the Website or the Voting Website may post comments or 'like' an entry in accordance with the promotion as long as the content is not, in the reasonable opinion of the Promoter, illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. Promoter may delete any comment posted in contravention of the foregoing restrictions and may take further action, including, but not limited to, alerting local authorities or other legal action, against any party posting comments in contravention of these Terms and Conditions. Participants may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content posted. Comments posted by an entrant will not have any effect on the competition outcome. It is not possible for Promoter to be aware of each and every comment that is published, and will of course endeavor to monitor comments regularly to ensure compliance with this paragraph; provided however, Promoter will have no liability whatsoever for any claim of damage, liability or other cost, including, without limitation, attorney’s fees arising from any comment posted by any user, Participant, or other party with respect to any Submission.


AWARD RECIPIENT NOTIFICATION: Potential Award recipients will be notified via phone, mail or email following the completion of the Search. Prior to being confirmed as an Award recipient or receiving any prize, participants whose Submissions are selected as potential Award recipients will be required to provide proof of identity, verification of eligibility and compliance with these Terms and Conditions, and may also be required to execute and return a Declaration of Compliance, Liability and Publicity Release ("Declaration") or any other documents required by Promoter, all of which must be completed and/or received fully-executed within 7 days of date notice or attempted notice is sent or such potential Award recipient may be disqualified, any prize forfeited, and an alternate potential Award recipient may be selected. Participants agree that, if they are selected as a potential Award recipient, 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 Award recipient 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 Award recipient within a reasonable time period, (c) potential Award recipient 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 Search, or (d) an Award notification is returned as undeliverable, then such potential Award recipient and his/her Submission may be disqualified and the participant may be required to promptly return to Promoter his/her Award. If potential Award recipient is disqualified for any reason, at Promoter's discretion, a runner-up Award Recipient may be selected for the Award, at Promoter's sole discretion.


TWELVE (12) MONTHLY AWARDS: Each Monthly Award recipient will receive a $1,000 cash award provided in the form of a check which can (but is not required to) be used toward Award recipient's child(ren)'s education. The Monthly Award will be mailed to the award winner within thirty (30) days of the award winner satisfying all of the requirements of these Terms and Conditions. Award recipients 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. All Award details are at Promoter's sole discretion. Limit: one (1) winner per household/family. Winners may also be asked to take part in promotional activity or advertising organized by Promoter. This is optional to the winner and can be agreed to take part if so requested.


GENERAL CONDITIONS: Participant understands and expressly acknowledges and agrees that Promoter is relying on the representations, warranties, and covenants contained in these Terms and Conditions, including, without limitation, representations regarding the subject of the Submission and participant’s right and authority to make the Submission. Award acceptance constitutes permission (except where prohibited by law) to use the names of Award recipients 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, 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. Release Parties are also not responsible for any misrepresentation by Participant under these Terms and Conditions, including, without limitation, any misrepresentation regarding the subject of a Submission or Participant’s right and authority to submit the Submission. Released Parties are also not responsible for problems uploading or downloading any Search-related information or materials from the Website or the Voting 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 the Voting 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 Search. 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 Search, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Search, the processing or judging of Submissions, the tabulating of votes, the incorrect uploading of photos, the announcement of Awards or in any Search-related materials. Promoter reserves the right to modify, suspend or terminate the Search 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 Search 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 Search and, if terminated, at Promoter's discretion, to determine each Monthly Award recipient 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 Search or any website (including the Website and the Voting 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 Search 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 Search.


By making a Submission, participant acknowledges and agrees that Promoter may obtain many Submissions under this Search and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Search, 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 Search, 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 voters, as the case may be, which are final and binding in all matters relating to the Search. Failure to comply with these Terms and Conditions may result in disqualification from the Search. 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 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 Search, participants for themselves and any child(ren) of theirs whose photograph or other information are used in connection with the Search 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 Search, or acceptance or use of any Award, the administration of the Search, the operation of any website (including the Website or the Voting 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 Search or any Award provided shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of North Carolina or the appropriate North Carolina State Court located in Mecklenburg County, North Carolina; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Search, but in no event attorneys’ fees; and (3) 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. 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 Search, shall be governed by, and construed in accordance with, the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.


PROMOTER’S PRIVACY POLICY: For information regarding Promoter’s privacy policy, please visit https://www.neograft.com/contact-us/privacy-policy/. Promoter’s privacy policy is subject to change at any time.


PROMOTER:
NeoGraft
130 West Highway 407, Suite 201
Lewisville, TX 75077, USA