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Gerber Photo Search 2019 Terms and Conditions

NESTLÉ GERBER® PHOTO SEARCH 2019

Upload a photo of your child (age 6 months to 18 months) to be part of the photo search and stand a chance for your child to take home the title of Gerber® Spokesbaby 2019 for the next 1 year. Gerber® products and cash prizes (deposited into your Child Development Account) are also available to be won. Terms and Conditions apply.

TERMS & CONDITIONS

Information on how to participate in the Nestlé Gerber® Photo Search 2019 (the “Contest”) and the Contest Rules (as stated below) form the Contest Terms and Conditions. All persons registering or taking part in this Contest (the “Participants”) agree to be bound by these Contest Terms and Conditions.

CONTEST RULES

  1. This Contest is organized by NESTLÉ SINGAPORE (PTE) LTD, of 15A, Changi Business Park Central 1, #05-02/03, Eightrium @Changi Business Park, Singapore 486035 (“Nestlé”).
  2. The Contest is open to all individual Singapore residents who are:
    • aged 18 and above and parents or legal guardians of a child, between the age of six (6) months old and eighteen (18) months old at the start of the Submission Period (as defined below), who owns a Child Development Account;
    • not prohibited in any manner by any person, entity, authority or law anywhere in the world from participating in this Contest or any similar contest, and
    • whose children 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 of: (a) Nestlé; and (b) Nestlé’s advertising agencies, and the immediate family members of these employees, are not eligible to participate in the Contest.

    By participating in the Contest, each Participant represents and warrants that he/she has met the eligibility criteria stated in these Contest terms and Conditions.

HOW TO PARTICIPATE

  1. The application period for the Contest begins July 5, 2019 at 12:00 AM Singapore Time ("SGT") and ends August 4, 2019 at 11:59 PM SGT ("Submission Period").

To enter the Contest, Participants shall

STEP 1: Follow the Gerber® Singapore’s Official Instagram account at @gerbersingapore

STEP 2: Upload a single post on their Instagram account (profiles must be set to public until September 15, 2019) containing a minimum of five (5) recent photographs of your child and up to a maximum of ten (10) photos in the single post. Photographs should be taken within 30 days prior to the date of the post.

STEP 3: In the caption, hashtag #GerberSGBaby2019.

(the “Submission”).

Note: All Submissions must adhere to the Submission Criteria under this Terms and Conditions. Only eligible Submissions will be considered.

STEP 4: Gather as many likes as you can for your Submission before the end of the voting period set at 11:59 PM SGT on August 6, 2019.

Note: Participants are prohibited from obtaining votes by any fraudulent or inappropriate means as determined by Nestlé in its sole discretion, including, without limitation, offering prizes 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. Nestlé reserves the right to validate all votes received through any means determined by Nestlé in its sole discretion.

STEP 5: Top 20 Participants who have gathered the most number of ‘likes’ on their eligible Submissions will be chosen to move on to the final round for the Grand Prize (‘Finalists’). Finalists will be contacted via direct message on their Instagram account and will have to reply with their full name, last four digits of their NRIC, country of residence, mailing address, and contact number within 48 hours as well as provide any other documents required by Nestlé for proof of identity, verification of eligibility and compliance with these Terms and Conditions. Failing which, another Participant may be selected instead.

STEP 6: Meet the judges. Finalists will receive further instructions on the activities required to partake in for the final judging round, on 6 September 2019, closer to the date. There may be more than one session required in the final judging round and the Finalists will be judged solely based on judges’ discretion. Throughout the activities that the Finalists will be required to partake in for the final judging round, the judges will mainly be looking out for the following in the selection of the winner (including the weightage in percentage of each component): (i) personality (30%), (ii) expressiveness (20%) as well as (iii) photogenic (50%). All votes obtained in the voting round will not be considered in the selection of the final grand prize winner.

STEP 7: Announcement of Winners. One (1) grand prize winner will be selected following the final judging round.

Concurrently, five (5) category award winners will be selected from all eligible Submissions on Instagram, based solely on judges’ discretion. In addition to the individual category award component a) goofy, b) glamourous, c) gleeful, d) glossy locks and e) glistening eyes (50%), judges will be looking out for the following in the selection of the winners in the category awards: (i) fun (20%) and (ii) photogenic (30%). Judges' and Nestlé's decisions are final and binding on all matters.

Limit: one (1) award per household/family.

Winners will be announced on an announcement post on the Gerber® Singapore’s official Instagram account @gerbersingapore on or before 30 September 2019.

Awards

  • Five (5) Category Awards for ‘Goofy Baby”, “Glamorous Baby”, “Gleeful Baby”, “Glossy Locks Baby” and “Glistening Eyes Baby”.

    Each Category Award recipient will receive (i) a $500 award provided in the form of a cheque to be deposited into the Child Development Account (“CDA”) of the participating child in the Submission; and (ii) $100 worth of Gerber® products from Nestlé.
  • One (1) Grand Prize:

    The Grand Prize recipient will receive (i) a $8,000 award provided in the form of a cheque to be deposited into CDA of the participating child in the Submission; (ii) the opportunity for the Grand Prize recipient who was featured in the Submission to appear in Gerber® brand advertisements for one (1) year (to be determined by Nestlé in its sole discretion), including travel expenses to any related photo shoot for child and two parents or legal guardians; and (iii) $300 worth of Gerber® Products from Nestlé.

    Nestlé does not guarantee the opportunity for the Grand Prize recipient to appear in a Gerber® advertisement but should the opportunity arise, by participating in this Contest the parents or legal guardians of the Grand Prize recipient agree to feature their child and participate in the requested shoots or campaigns for Gerber®. In the event Nestlé is unable to include the Grand Prize recipient in any Gerber® advertisement for any reason, no compensation or substitution will be provided in lieu thereof; however, the remainder of Award will be provided.

    All Winners must provide subporting documents to verify that the bank account number provided for cheque issuance is the CDA of the participating child in the Submission.

Submission Criteria

  • Participants acknowledge and agree that all photographs submitted under the Submission are original photographs created and owned by the Participants. Professional photographs (i.e., photographs taken by a hired photographer) will strictly not be accepted for entry into the Contest.
  • Submissions containing photographs that have been previously published or have won awards in previous contests are also not allowed for entry into the Contest.
  • Photographs submitted under the Submission MUST NOT:
    • include any individual other than the participating child;
    • include photographs of the child naked. The child in the photograph must be clothed or wearing a diaper;
    • include duplicated photographs of the same photograph. Duplicated photographs in the Submission will be disregarded.
    • contain any photo collages (i.e. 2 or more photos made into a single photograph)
    • contain any form of personal identification (e.g. license plate numbers, personal names, email addresses or street addresses);
    • contain a watermark, or is labeled as a sample/proof;
    • be inappropriate, offensive, or obscene;
    • communicate messages or images inconsistent with the positive images and/or good will to which Nestlé wishes to associate; and/or
    • violate any law or regulation.
  • Limit to one (1) valid Submission per child. Submissions for multiple siblings can be done via a separate entry should the children’s age fall within the eligibility (between six (6) months old and eighteen (18) months). Any attempt to make more than one (1) Submission of the same child by using multiple Instagram accounts or identities will result in the disqualification of the Participant. If Participants make multiple Submissions under the same Instagram account, only the most recent Submission posted during the Submission Period will be considered valid. All existing Submissions will be voided.

    By uploading a Submission, Participants warrant and represent that he/she is the parent or legal guardian of the child featured in the photograph, has all necessary copyright to the photographs submitted for the Contest under the post and have adhered to the Submission Criteria stated herein.

    Nestlé reserves the right to disqualify or disregard any Submission, or photos in a Submission, for any reason, in its sole and absolute discretion, including its determination in its sole discretion that a Submission, or photo, fails to satisfy any of the above requirements, without giving notice or reason, and without any liability to any person.
  1. Only entries that are considered as complete and correct by Nestlé will be eligible. Incomplete or illegible entries will be disqualified.

    Applicable phone and telco charges may apply, and participants shall be responsible for these expenses.

    Proof of submission is not proof of receipt, and Nestlé shall not be responsible or liable for any delay or non-receipt of submissions.

    Participants shall participate in the Contest on his/her own account, and shall not submit entries or participate on behalf of other persons. By uploading a Submission, each participant further represents and warrants that they are the parent or legal guardian of the child who is pictured in the Submission and have all permissions to feature the child in the Submission, and agree that they will provide any documentation reasonably requested by Nestlé to establish such status or authority.

    In the event of a dispute regarding the identity of an entrant, the authorized account holder of the Instagram account at the time of Submission will be deemed to be the participant and must comply with these Terms and Conditions. The owner of the account is the natural person who created the Instagram account using his/her personal e-mail. Each participant may be required to show proof of being an authorized account holder.

    Each Participant represents and warrants that:
    • he/she has obtained all necessary consents, licenses and approvals required in connection with the Contest and his/her participation, and
    • all materials, documents and forms submitted or created by him/her in connection with the Contest are original and do not infringe on the rights of any party, including but not limited to any intellectual property rights, patent, trademark or brand name registered or enforceable anywhere in the world.
  2. Participants shall ensure that they remain contactable at all times. If Nestlé fails to contact any winner for any reason whatsoever, it may at its discretion elect to determine another winner in accordance with the Contest mechanism.
  3. Nestlé may, without notice and at any time, substitute any prize with a prize of similar value, as determined by Nestlé. Prizes won are given out on an “as it is” basis, and are not transferable, or exchangeable or redeemable for cash. To the extent not prohibited by law, all warranties and representations in connection with the prizes are expressly excluded. Winners shall collect their prizes in person, and shall comply with and be bound by all terms which the prizes may be subject to. Award recipients are responsible for all local taxes and any other costs and expenses associated with Award acceptance and use not specified herein as being provided.
  4. Participants agree that, if they are selected as a potential Award recipient, Nestlé may conduct a background check, and participants agree to execute all documents necessary for Nestlé to obtain such background check. Shortlisted participants will also need to provide subporting documents to prove that the bank account number for cheque issuance is the Child Development Account (CDA) of the participating child in the Submission for verification purposes. Factors that would result in disqualification as an 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 subport, spousal subport, alimony, tax payments, etc.

    In the event it is determined that: (a) any participant has not complied with these Terms and Conditions, (b) Nestlé 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 Contest, 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 Nestlé his/her Award (or equivalent value). If potential Award recipient is disqualified for any reason, at Nestlé's discretion, a runner-up Award Recipient may be selected for the (i) Category Awards or (ii) the Grand Prize, at Nestlé's and judges' sole discretion.

    The award of prizes will be subject to verification to the full satisfaction of Nestlé. Any Participants who do not comply with the Contest Terms and Conditions will be disqualified.
  5. Nestlé may, at its sole discretion, modify the Contest Terms and Conditions, make prize substitutions or cancel this Contest, without prior notice to any person. Nestlé’s decisions on all matters relating to this Contest will be final, binding and conclusive on all Participants, and no correspondence will be entertained. If the Contest is terminated, the recipients for the Grand Prize will be determined using all non-suspect, valid votes received up to time of cancellation using the judging procedure outlined above, at Nestlé Singapore's discretion.
  6. Where prizes contain a specified validity period during which it should be utilized, no requests for extensions or replacements whatsoever will be entertained. Prizes which remain unclaimed by any winner for 1 month after the announcement of the winners shall be conclusively forfeited by such winner, and the forfeited prize will be dealt with at Nestlé’s discretion in accordance with applicable laws.
  7. Nestlé may disregard or disqualify any entry, participant or winner, in such manner as Nestlé deems fit, without giving notice or reason, and without any liability to any person. In particular, no participant shall, or procure another person to, (i) tamper with the operation of the Contest or any relevant website, (ii) participate in the Contest in any manner which may create any prejudice to or anomaly in the scoring system or operation of the Contest; and (iii) breach these Terms and Conditions or any other applicable law or regulation.
  8. To extent permitted by law, Nestlé will not be responsible or liable for any loss, injury, death, claim or damage suffered by any person arising out of or in connection with the Contest and prizes, and each Participant and any person acting on his/her behalf shall indemnify Nestlé from any claims, losses, damages, costs or expenses incurred in connection therewith.
  9. By choosing to participate in the Contest, Participant agrees and hereby consents that Nestlé may collect, use and disclose Participant's personal data to its affiliates, service providers and partners, as provided in this entry form, for the following purposes in accordance with the Personal Data Protection Act 2012 ("PDPA") and Nestlé's data protection policy available at our website www.nestle.com.sg:
    • to administer this Contest, including to contact Participant and to conduct verification and other actions in connection with the Contest for the administration of prizes in relation to this lucky draw;
    • use the personal data for promotional, advertising (included targeted advertising) or marketing activities which Nestlé believes may be of interest to the Participant;
    • to send out marketing, advertising (including targeted advertising), communication and promotional materials to the Participant relating to any products manufactured, marketed or sold by Nestlé and its affiliates, service providers and commercial partners.
  10. Participants (including Winners), hereby provide consent to Nestlé and its agents to take videos/photographs of and/or feature them and their child entered into the Contest and to have full and free use of video/photographs containing their image/likeness, in any media or form (“Materials”). These Materials may be used for marketing, publicity and promotional purposes by and for Nestlé. Participants (including Winners) are not entitled to remuneration, residuals, royalties or any other payment from Nestlé in respect of the creation and use of their image/likeness and/or the Materials. Participants (including Winners) release, discharge, and hold harmless Nestlé and its agents, employees and officers from any and all claims, demands or causes of actions that they may hereafter have in connection with the Materials.

    Any information, personal data and material about or obtained from the Participant may be accessed, stored or otherwise processed in any medium or format determined by Nestlé, and may be transmitted across national borders for storage and/or processing in accordance with the PDPA. If a Participant requires access to his/her personal data or any amendment or correction to be made, or wishes to withdraw consent to any specific use of his/her personal data, he/she should contact the relevant Nestlé officer at [email protected] To withdraw consent, please visit the “Unsubscribe” tab on www.nestle.com.sg or contact Nestlé at [email protected].

    To find out more about how Nestlé uses a Participant's personal data, the Participant can refer to Nestlé's Privacy Policy online at http://www.nestle.com.sg/info/privacypolicy.
  11. Intellectual Property Rights mean all patents, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

    Each Participant agrees that all worldwide Intellectual Property Rights in any statement, works or content submitted, made or created by a Participant in connection with the Contest, including but not limited to any ideas and/or concepts, and any derivative works arising therefrom, are perpetually, unconditionally and absolutely assigned to, vested in, and owned by, Nestlé (the “Assigned Rights”). Nestlé may use these statements/contents/works in any way it deems fit without compensation to any Participant, and each Participant waives all rights (including moral rights) he/she may have in such statements/contents/works. Each Participant agrees to execute all documentation to ensure the above, where required by Nestlé.

    Each Participant warrants that: (a) it is the sole legal and beneficial owner of, and owns all the rights and interests in, the Assigned Rights, (b) it has not licensed or assigned any of the Assigned Rights other than under these Contest Rules; (c) the Assigned Rights are free from any security interest, option, mortgage, charge or lien; (d) he or she is unaware of any infringement or likely infringement of any of the Assigned Rights, (e) all the Assigned Rights are valid and subsisting and there are and have been no claims, challenges, disputes or proceedings, pending or threatened, in relation to the ownership, validity or use of any of the Assigned Rights; (f) so far as he or she is aware, exploitation of the Assigned Rights will not infringe the rights of any third party; (g) the statements/contents/works are his or her original work and have not been copied from any other source.
  12. This Contest is governed by Singapore law, and each Participant shall submit to exclusive jurisdiction of the Singapore courts.
  13. Any trademarks, graphic symbols, logos or intellectual property contained in any materials used in connection with this Contest, in particular that relating to the prizes, are the property of their respective owners. This Contest, Nestlé, and its affiliates and contractors, are not affiliated with, endorsed or sponsored by, those owners and the owners’ relevant affiliates where those owners or the owners’ affiliates are not part of the Nestlé group of companies.
  14. Each Participant who participates in the Contest run on a third party platform, Instagram, agrees to comply with and be bound by the terms and conditions of use of the relevant platform. Nestle does not assume any responsibility or liability arising out of or in connection with the Participant's use of the platform. Each Participant (i) grants Nestlé and all such third party platforms a complete release of all liabilities which may arise in connection with the Contest, (ii) acknowledges that the Contest is in no way sponsored, endorsed or administered by, or associated with, such third party platform(s) and (iii) agrees to the collection, use and processing by Nestlé and its affiliates of any information submitted by a Participant on such third party platform.

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