Baby of the Year Competition

1. Information about how to enter, prizes and how to subscribe and order a personalised OHbaby! Magazine which contains certain personalised features relating to your child, forms part of these Terms and Conditions. Submission of a photo of your child(ren) into the Baby of the Year Competition is deemed to be an acceptance of these Terms and Conditions.

2. Entry to this competition and the Customised Cover offer commences on 27th of March 2017 at 12:00:00pm NZST and closes at 11:59:59pm NZST on 22nd May 2017 (Promotion period).

3. Submissions can only be made by New Zealand residents with a child aged from newborn to 5 years and who are aged 18 years or over, who are the parent or legal guardian of the child of whom the photo is submitted.

4. OHbaby Limited (OHbaby!) will produce the June editions of the OHbaby! magazine with a customised cover containing the photograph and personalised details submitted by each participant who has:

  • Subscribed to OHbaby! magazine as part of this promotion for $54; or
  • Renewed their subscription to OHbaby! magazine as part of this promotion for $48; or
  • Purchased a single issue of OHbaby! magazine as part of this promotion for $14.90.

The orders for a Customised Magazine will be delivered from the 5th of June, providing the participant's confirmation of the photo and birth details submitted.

5. Subscriptions can commence from either OHbaby! magazine winter issue or from the autumn issue, however the personalised cover will come with Winter issue in June. 

6. OHbaby! reserves the right, at any time, to verify the validity of entries and entrants. Promoter's decision in relation to all aspects of the promotion is final and no correspondence will be entered into.

A short list of entrants will be selected by OHbaby!. From this short list, OHbaby! will then select one major competition winner (a "winning baby"). This is a game of skill, and chance plays no part in determining the winners.  Each entry will be individually judged by representatives of OHbaby! based on the photograph included with the entry and the suitability of the pictured child to represent OHbaby! in future advertising and promotional campaigns. In addition, there will be a people's choice winner. The people's choice winner will be awarded to the entry with the highest number of votes submitted online at the close of the promotion period. Only one vote per computer permitted.

7. The main competition winner will win the following prizes:
•    Panasonic DC-GX850KGND camera, worth $999.00 and $500 cash.

•    Appear on the cover of OHbaby! magazine, photos will be given to the winner on disc for their own private use and OHbaby! will supply 20 copies of the magazine with the winner’s child on it.

8. The people's choice winner will win:

  • Panasonic DC-GX850KGND camera, worth $999.00 and $500 cash.

9. Travel to Auckland for photography is not included in this prize.

10. The total prize pool is up to $2,998.00

11. Prizes will be awarded to the winning babies' parent or legal guardian. Prizes are not transferable or exchangeable and cannot be taken as cash.

12. The winners will be announced on 26th of June on the OHbaby! website and will be notified individually by telephone and email using details provided in the entry form.

13. The prizes constitute the entire consideration payable by OHbaby! in respect of the winners' and any use (in perpetuity) of photographs entered or produced, including in subsequent marketing, advertising or promotional materials or campaigns.  Without limitation, the winners and winning babies will not be entitled to any additional modeling fees, talent fees or other payment in respect of the use of their photographs by OHbaby!. OHbaby! shall have sole discretion in relation to the use of the winning babies and the selection of photographs for its marketing, advertising and promotional campaigns. OHbaby! also has the unlimited, perpetual right to use such photographs for internal non commercial purposes.

14. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. All taxes (excluding GST) which may be payable as a consequence of receiving the prize(s) are the sole responsibility of the winners.

15. OHbaby! will short list the cover model finalists and may request additional photos of the top 5 in order to pick the cover winner. 

16. If you are not already a subscriber, you can subscribe online at www.ohbaby.co.nz as part of the competition - you must submit your subscription through the Baby of the Year entry form to load your child’s picture for their Customised Magazine Cover.

17. To order a Customised Magazine you must:

a) Log on to the OHbaby! website www.ohbaby.co.nz

b) follow the link to the "Baby of the Year Competition"; 

c) complete the on-line entry form by entering/ confirming all mandatory details, including:

  • First, Middle (if any) and Last Name of the child;
  • Confirm that you are a parent or legal guardian of the child;
  • Confirm acceptance of all these Terms and Conditions; and
  • Confirm acceptance of the copyright notice.

To be eligible the photo entered must (always having in mind that the internet is a public domain):

  • be of only one child (ie. multiple births of siblings - that is twins, triplets etc are to be submitted as separate entries);
  • be a close up shot of the child's face, with a clear photo of the child's face - and without any other person clearly shown in the photo;
  • not depict the child with genitals showing;
  • not display the child in an inappropriate situation (as determined in the sole discretion of OHbaby!);
  • not display the baby in a dangerous situation;
  • meet the minimum resolution and size criteria for optimal printing of 2785 high by 3754 wide, 300 dpi and be greater than 2 megapixels). You acknowledge that the image may be cropped or zoomed in by OHbaby! when displayed by OHbaby! on any website, commercial or the cover of the Customised Magazine;

d)  press 'subscribe' to subscribe or renew your subscription to OHbaby!magazine; this may include adding additional individually Customised Magazines to your order

e)  make payment of the relevant fee by credit card. The fee will be NZ$54.00 (including GST) for the subscription and the first Customised Magazine ordered, and an additional NZ$14.90 (including GST) for each additional copy of a Customised Magazine.   Participants will only be able to order additional copies of a Customised Magazine at the time of submitting the entry. Participants will not be able to submit orders for further copies of Customised Magazines once the submission process has been completed. You will be provided a link to be able to change your image - if you have had a professional photographer take a photo, and upload the revised photo. This option closes off without exception on the final day of the promotion 11:59:59pm NZST on 22nd of May 2016.


18. Submissions are deemed to be received at the time of receipt by OHbaby!. Records of OHbaby! are final and conclusive as to time of receipt. All submissions (including photographs) must either:

  • be the sole work of the participant, and the participant must have all necessary consents in order to provide any submission (including photographs) for the proposed uses set out in these Terms and Conditions.
  • Or, if professional photography photos are used, permission must be obtained from the photographer to use the photos in the competition.

All submissions will be reviewed by a moderator nominated by OHbaby! for adherence to these Terms and Conditions. If all or any part of a submission does not meet the criteria set out in these Terms and Conditions, that submission will be considered invalid.

By making a submission, the participant warrants that he or she is fully authorised to submit the photograph and submission, and is either the parent or legal guardian of the child.

19. All valid submissions received during the Offer Period will be (or parts thereof will be) displayed on the OHbaby! Website and you acknowledge that you will not be able to withdraw any submissions from the Campaign (unless determined otherwise by OHbaby!, in its absolute discretion).

20. OHbaby! reserves the right to utilise any submissions (in whole or in part) in the form of a name, or photo in promoting any part of the Campaign.

21. Each participant understands and agrees that their submission (including any photograph) may or may not be used or publicised (including on the OHbaby! Website) by OHbaby!. Each participant acknowledges that OHbaby! may remove any submission (or part thereof) from the OHbaby! Website (in its absolute discretion).

22. OHbaby! will be solely responsible for the publication and delivery of the Customised Magazines to Promotion Participants. If you have any queries about a Customised Magazine which you receive from OHbaby!, please contact OHbaby! using the contact details set out below.

23. By entering the Competition (including by submitting a photo of your child), in relation to your entry and any part thereof (Work), you:

  • declare that the Work is your own original work and not copied in whole or in part from any other person living or dead;
  • declare that to the best of your knowledge and belief the Work does not infringe the intellectual property rights of any third party;
  • agree that OHbaby! and OHbaby!'s agents, licensees and assigns are entitled to use and reproduce the Work (and any part thereof) on a perpetual, irrevocable and royalty-free basis for any purpose whatsoever worldwide, including reproduction on the Customised Magazines, display in television commercials or online at the OHbaby! Website and uses which, in OHbaby!'s opinion, are in connection with the promotion and sale of its products and services in any geographic region worldwide without restriction;
  • waive any right to inspect or approve any use or reproduction by or on behalf of OHbaby! of any part of your Work, including any written copy or proofs that may be created in connection with the Work (including any photograph);
  • consent to reproduction of your (and the subject child's) name, likeness and photographs without limitation (including in any media);
  • consent to OHbaby! and OHbaby!'s agents, licensees and assigns using your Work for promoting our products and services without attributing to you the authorship of the Work, without you inspecting or approving the Work, and also to the extent that our use of the Work materially alters or distorts the Work (whether by changing, adding to or deleting/removing any part of the Work);
  • You acknowledge that photo entries may be cropped or resized or zoomed in on in any reproduction, and submissions may be reformatted on the Customised Magazines or the OHbaby! Website; and
  • you acknowledge that OHbaby! may choose not to use or display your Work, and may not reproduce your Work on the OHbaby! Website or any other medium (including a television commercial).
    "Intellectual property rights" means all copyright, trade secrets, confidential information, trade marks, designs, patents, trade name or other proprietary rights or any rights to registration of such rights.

24. OHbaby!'s decision including with respect to the matters referred to in these Terms and Conditions is final, and no correspondence will be entered into, including in the event of a dispute.

25. OHbaby! reserves the right to validate and check the authenticity of submissions and photos, and to disqualify any participant who tampers with the entry process, or who submits an entry that is not in accordance with these Terms and Conditions. Any entry made with stolen, forged, mutilated, unrecognisable or tampered with photos is invalid.

26. OHbaby! and its associated agencies or companies accept no responsibility for any lost, late, or misdirected submissions.

27. OHbaby! has no control over the internet or mobile telephone communications, networks or lines, bugs, viruses and server problems and accepts no responsibility for any problems associated with them, for any reason.

28. If for any reason this Campaign is not capable of running as planned, OHbaby! reserves the right in its discretion to modify these Terms and Conditions.

29. OHbaby! will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with the Campaign, except for any liability which cannot be excluded by law.

30. If any act or omission, event or circumstance occurs which is beyond the reasonable control of OHbaby! and which prevents OHbaby! from complying with these Terms and Conditions OHbaby! will not be liable for any failure to perform or delay in performing its obligation and OHbaby! reserves the right (subject to any applicable law) to cancel, terminate modify of suspend the Campaign.

31. All entries become the property of OHbaby! By entering the Campaign the participant consents to OHbaby!'s privacy policy available on the OHbaby! Website (www.ohbaby.co.nz).  OHbaby! collects the participant's personal information for the purpose of administering the Campaign and producing the Customised Magazines. OHbaby! may disclose the participant's personal information to other parties including those involved in administering the Campaign and producing the Customised Magazines, and advertising and PR agencies. If the participant does not provide the required personal information, the participant cannot enter the Campaign. The participant may access and correct the personal information about the participant held by OHbaby! by writing to OHbaby! at the address below.

32. The contact details for OHbaby! are set out below:
Address: 31A Cliff View Drive, Auckland 0604, New Zealand
Telephone: 09-3761778

 


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