For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, Participant (as defined below) is submitting certain communication(s) and/or material(s) (the "Submission") for Kimberly-Clark Global Sales, LLC (the “Sponsor”) upon the following express understandings and conditions.
1. Entry Period: The contest entry period begins 11:00 a.m. EST on October 3, 2008 and ends at 5:00 p.m. EST on November 20, 2008 (the “Contest Entry Period”). The public voting period (“Public Voting Period”) begins 11:00 a.m. EST on October 3, 2008 and ends at 5:00 p.m. EST on November 30, 2008.
2. How To Enter: No purchase necessary to participate or win. Entries will be screened for compliance with contest requirements; non-complying entrants are not eligible and will not be able to advance in the contest.
You must be registered on www.generationhuggies.com (the “Website”) or with HuggiesBabyNetwork.com to enter your Submission. Follow the directions on the Website to register.
To enter online, create and submit a video using the Judging Criteria outlined in these Official Rules on “What Motherhood Means to You” along with completing the Entry Form. Use the tools provided on the Website to upload your video submission.
To enter offline visit the mobile tour in select markets during the month of October. The mobile tour staff will be capturing video submissions on site at the locations. The maximum video sizes that can be uploaded are 5MB. Videos must be 60 seconds or shorter. All individuals who enter a Submission on the Website (“Participants”) must strictly comply with these Submission Guidelines as well as the Privacy Policy of the Website. All Submissions must be entered by an individual Participant. No group or collaborative Submissions will be allowed. All Submissions shall be owned solely by the Sponsor. Videotaped entries must not include any background music, movie or TV footage, or any material that is copyrighted, trademarked or published. Participants may only enter one submission. Participant must own the rights to the video that they upload.
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Participant from responsibility for compliance with these Submission Guidelines. Submissions that do not comply with these submission guidelines or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for inclusion. From time to time during the Contest Entry Period, Sponsor may, in its sole discretion, choose to feature some recent Submissions on the Website. Being featured on the Website is unrelated to the voting process or Judging Criteria and in no way reflects the possibility of the Submission being considered as a Finalist in the Contest.
3. Eligibility. To participate, you must be a legal resident of the U.S. residing in one of the fifty (50) United States or the District of Columbia who is 18 years of age or older (19 in NE and AL) at the time of Submission. Registration includes having a complete and valid postal mailing address (street/city/state/zip code) and phone number on file at the Website in order to be contacted by mail in the event your Submission is selected as a Finalist in the Contest. Potential Finalists may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility. Employees of Kimberly- Clark and, their respective parent companies, subsidiaries, affiliates, divisions, distributors, suppliers, printers, distributors and advertising and judging agencies and the immediate family members (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) are not eligible to win. The contest is void where prohibited or restricted by law.
4. Judging Criteria. Submissions that are deemed eligible will be posted on the Website as soon as reasonably possible for public voting. To participate in the Public Voting Period, individuals must register on the Website to be able to vote. One vote per video per email address during the Contest is allowed. Participants cannot vote for the same video more than once Persons voting are encouraged to use the judging criteria to evaluate finalist. To be considered a finalist, the top 100 videos with the most votes will qualify. In the event of a tie for determining the finalists, all tied Submissions will be re-judged by an additional judge selected by Sponsor, who, using the judging criteria will break the tie. From that group of 100 or less depending on the number of entries, a panel consisting of the Mr. Youth agency and the Huggies® brand team (the “Judges”) on or about December 2, 2008 shall select the 30 winning videos based on the criteria listed below:
Perspective on motherhood by answering one ore more of the questions listed below 50%
Expression of individuality as related to motherhood 50%
The following are the list of questions for entrants to choose from. The number of questions answered in a video doesn’t not increase the chances of winning. Judges will be selecting the winning vides based on the aforementioned criteria only.
1. A Millennial Mom defies classification. She has a completely unique perspective and can be anyone she dreams of. What makes you a Millennial Mom?
2. Your passions make up who you are, but it may be difficult to find time to focus on yourself as a new mom. How do you balance “me time” with being a mother?
3. Huggies® Brand has been an integral part of moms’ lives for the past thirty years, but the roles of mothers have definitely changed. How are you different as a mom than your own mother?
4. There are Yoga Moms and Bake Sale Moms and even Eco-Hipster-Career Moms. Moms today can be anything they want. What kind of mom are you and why?
5. Being a mom gives you the chance to connect with your child in new ways every day. What is the most fun part of being a mom and has it changed your personality and priorities?
6. Moms today are very different than they were thirty years ago. How do you think moms’ roles will change in the next thirty years?
7. Which women in your life have helped shape who you are? Do you think they’ve helped make you a better mother? Are there any celebrity moms you think of as role models?
8. What’s your personal philosophy or motto? Has motherhood changed your perspective on life?
9. Your individual life experience will help shape who your child grows up to be. If you could only teach your child one thing, what would it be?
10. One of the biggest advantages moms today have is the convenience of technology. How does technology help you as a mom?
All winning videos will be those Finalist Submissions that the Judges, in their sole and absolute discretion, deem to best meet the Judging Criteria and the spirit of the Contest. Each Finalist Video will be judged based on attributes deemed to be relevant by the Judges. The method of judging the entries will be determined by the Judges and may include the use of multiple panels of Judges to review Finalist Videos. The decisions of the Judges shall be final and binding in all respects. In the event of a tie for the top thirty winners, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the judging criteria will break the tie.
5. Prizes:
Top Thirty: Each of the thirty (30) winners will be awarded a check in the amount of three hundred dollars ($300). Additionally, all thirty (30) winners will be featured in an online Huggies® Brand advertising campaign. (Total Retail Value of Prizes: $9,000)
6. Grant of Rights To Sponsor. By submitting a Submission, Participant hereby agrees that:
In consideration of entering a Submission in the Contest, Participant on behalf of themselves, their heirs, executor, administrator and assigns, hereby assign to Sponsor all rights, interest and goodwill in the Submission, including an irrevocable grant to Sponsor of the exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and otherwise use the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised, including but not limited to the possible use of the Submission by Sponsor. All Submissions, upon submission, become the property of Sponsor, and its successors, assigns and licensees. Sponsor will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submission in any packaging, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Participant forever waives and relinquishes on behalf of themselves, their heirs, executor, or administrator and assigns any and all rights, including but not limited to goodwill, in and to the Submission. Participant also irrevocably grants Sponsor the right to use their name, voice, likeness and biographical material in or related to the Submission. Participant agrees not to issue any publicity on behalf of or in connection with Sponsor, their Submission and their participation in this Contest.
Participant acknowledges that they have no right of approval or consultation with respect to Sponsor's use of the Submission. Sponsor will not be responsible for the return or preservation of the Submission. Sponsor shall use its sole discretion in determining the extent and manner of the use of the Submission and Sponsor is not obligated in any way to use or exploit the same or any rights granted by Participant, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on the Website. Participant further agrees that the Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created. Participant further acknowledges and agrees that by entering their Submission, they warrant that the Submission is their original work.
Participant acknowledges that, upon entering their Submission, Sponsor owns and controls all rights, including but not limited to the copyright, intellectual property, goodwill in and to their Submission and hereby irrevocably grants to Sponsor the unconditional and perpetual right and permission to trademark, copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Participant's name, address, image, voice, likeness, statements, biographical material and Submission, including, but not limited to, the Video (in each case, as submitted or as edited/modified in any way by the Sponsor, in the Sponsor’s sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Participant and arising out of his/her participation in this Contest (with or without using the Participant's name) (collectively, the "Additional Materials") in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Participant or any other party.
7. Contest Terms of Submission. As conditions of entry into this Contest and by uploading a Submission, each Participant represents and warrants that:
their entire Submission: (i) is wholly original; (ii) has been legally obtained or created; (iii) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (iv) has not been entered into a previous contest or has received any awards; (v) has not been published previously in any medium; (vi) the Participant has not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and (vii) Participant has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way.
if their Submission is selected to be a winner they will complete, sign and return within five (5) days the Release Form in which the Winner will acknowledge that the Submission is a “work for hire” and will irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to the Submission, including without limitation, all copyrights, trademarks and waive all moral rights in such Submission.
by entering a Submission, Participant agrees to indemnify and hold harmless, Sponsor, the Judges, each of their respective parent companies, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) which arise out of any breach of any of their Submission, covenants, agreements, obligations, representations or warranties set forth herein.
8. Limitations on Liabilities; Remedies. By submitting a Submission, Participant agrees that:
any and all disputes, claims and causes of action arising out of or connected with their Submission will be resolved individually, without resort to any form of class action;
any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable;
under no circumstances will Participant be permitted to obtain any award for, and Participant knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;
they irrevocably waive any right to seek injunctive or equitable relief; and
they release and indemnify and hold harmless Sponsor and the Judges from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of Participant’s work as contained in any Submission.
9. General Conditions. All Participants must be registered on the Website with a valid name and address. The name of the individual submitting the Submission must be the name of the person who registered on the Website with such email address, and the authorized account holder of such email address, otherwise, Submission may be deemed void. Sponsor reserves the right to reject any and all Submissions which it believe may infringe on the rights of any third parties or do not comply with these Submission Guidelines, in its sole discretion. In the event of dispute over the identity of a Participant, a Submission will be declared made by the authorized registered user of the Website through which the Submission was entered and potential Finalist may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Promotion Period. To do so, go to the Web Site, and select "Update Profile” and follow the instructions on how to update your profile. By participating, Participants agree to these Submission Guidelines and the Website Privacy Policy which are final and binding in all respects. Notification of possible inclusion as a Finalist must be kept confidential until the Finalists are publicly revealed by Sponsor or your Finalist position will be forfeited and your Submission will not be posted or included for Judging as a Finalist Submission. Your Submission will not be considered as a Finalist and submitted to the Judges unless the properly and fully completed Release Form is received by Sponsor within five (5) days of its receipt. Upon completion of the Judging, the winners will be notified by phone and/or mail at the phone number and/or address provided on their registration and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within five (5) days of its receipt or the prize will be forfeited. If any Release Form is returned as undeliverable without a forwarding address, then the Participant will forfeit their Finalist position. If any Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release is returned as undeliverable without a forwarding address, then the prize will be forfeited. No responsibility is assumed by Sponsor for lost, late, misdirected or postage-due mail. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b) violating the Submission Guidelines; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
10. Miscellaneous. These Submission Guidelines and their performance will be binding on Participant and their heirs, administrators, executor, successors and assigns. The construction, validity, interpretation and enforceability of the Submission Guidelines will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules. Notwithstanding the foregoing, Participant acknowledges that Sponsor may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Submission Guidelines and/or; (2) bring an action in court to protect or interpret any of Sponsor's purported intellectual property rights. These Submission Guidelines will not be assignable by Participant. Sponsor will have the unlimited right to assign these Submission Guidelines and the rights granted at any time, in whole or in part, to any party. Participant will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Sponsor to further evidence or effectuate Sponsor’s rights as set forth in these Submission Guidelines and Participant appoints Sponsor as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Participant fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).
11. Sponsor: This Sweepstakes is sponsored by Kimberly-Clark Global Sales, LLC and is administrated by Mr. Youth, 75 Ninth Ave. 4th fl, New York, NY 10011.
12. Winners List. For the names of the winners, available after December 20th, 2008, send a self-addressed stamped envelope to: _Mr. Youth, Attn: Huggies Brand Winners, 75 9th Avenue, 4th Floor, NYC, NY 10009. Such requests must be received by 2/1/09.
