HONEST BABY & STONYFIELD ORGANIC YOBABY PHOTO CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR POSSIBILITY OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
THERE IS NO OBLIGATION TO WEAR OR SHOW HONEST BABY CLOTHING OR EAT, USE, OR SHOW STONYFIELD YOGURT IN YOUR PHOTO SUBMISSION.
YOUR ENTRY IN THIS CONTEST MEANS THESE OFFICIAL RULES FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE SPONSORS AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.
1. Eligibility.
The Honest Baby & Stonyfield Organic YoBaby Photo Contest (the “Contest”) is open only to legal residents of the United States (excluding Alaska, Hawaii, and all United States territories and possessions, and where otherwise prohibited by law) who, at the time of entry, are eighteen (18) years of age and the age of majority in their local jurisdiction, and who, at the time of entry, are the parent or legal guardian of a child who is not older than two (2) years old. Void where prohibited by law. Employees of each Sponsor, or any of the Sponsors’ respective parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, retailers or any other company or individual involved with the design, production, execution or distribution of the Contest, and their immediate family (spouse, parents and stepparents, siblings and stepsiblings, and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void in all U.S. territories and possessions outside of the continental United States and where prohibited by law or restricted by such laws, including but not limited to jurisdictions with laws that would require registration and/or trust account or posting of a bond, or any other requirements that have not been satisfied. Participation via submission of an entry in accordance with these Official Rules constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and the Sponsors’ decisions, which are final and binding in all matters related to the Contest and that Entrant is not prohibited from entering and participating in the Contest. Winning the prize is contingent upon selected Entrant fulfilling all requirements set forth herein. Entrant further agrees that Administrator (defined below) shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Administrator.
2. Sponsors & Administrator.
Butterblu, LLC, having a principal place of business at 606 Post Rd. East #654, Westport, CT 06880 (“Butterblu” or “Administrator”) shall act as the sole administrator of the Contest. The Sponsors of the Contest are Butterblu and Lactalis US Yogurt, Inc. d/b/a Stonyfield Farm, Inc., a Delaware corporation having a principal place of business at 10 Burton Drive, Londonderry, NH 03053 (“Stonyfield,” collectively with Butterblu, the “Sponsors”).
3. Contest Entry Period.
The Contest entry period starts on February 14, 2024 at 12:00:01 a.m. Eastern Time (“ET”) and ends March 24, 2024 at 11:59:59 p.m. ET (the “Contest Entry Period”). Entries received outside the Contest Entry Period will be void. Administrator is the official timekeeper for this Contest. Limited to only one (1) entry per Entrant during the Contest Entry Period. For clarity, a parent or guardian of multiple eligible children shall receive a maximum of one (1) Entry (defined below) for each eligible child. Entries received in excess of the above stated limitation will be void.
4. How to Enter the Contest.
During the Contest Entry Period, to receive one (1) entry (“Entry”) in the Contest: (a) go to the website located at https://castingcall.honestbabyclothing.com/ (the “Site”); (b) once you land on the Site, click on the link provided and complete the registration information requested, which includes, but is not limited to, your name, valid email address, phone number (optional), and the age of your child; (c) follow the instructions to upload ONE (1) original photo of your child in an “honest” moment. You must be the parent or legal guardian of the child and the child must not be older than two (2) years old at the time of entry; (d) check the box confirming that you have reviewed and agree to these Official Rules; and (e) submit such information and the ONE (1) photo by clicking “Submit.” Maximum of one (1) Contest Entry per person, per child, per email address, during the Contest Entry Period.
Any Entry that is generated by a script, macro, bot or any other automated means will be deemed void. Receipt of entries will not be acknowledged or returned. Sponsors are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. An Entrant may not register with multiple e-mail addresses nor may an Entrant use multiple devices or artifices to enter the Contest multiple times or as multiple Entrants. Any Entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Administrator’s discretion. Proof of submission of an entry shall not be deemed proof of receipt by the Administrator.
By submitting an Entry, Entrant hereby grants to both Sponsors the perpetual, irrevocable, sublicensable, transferable, non-exclusive, royalty-free, fully paid up, worldwide right and license to use, edit, modify, reproduce, print, publish, transmit, distribute, publish, stream, sell, perform, adapt, resize, enhance, display, make derivative works of, and otherwise use the Entry, including without limitation any photo submitted in connection with the Entry.
The Entrant further understands and agrees that Sponsors shall have the absolute right, to refrain from or stop using the photos from the photoshoot (detailed below), if a Sponsor, in its sole discretion, determines at any time that the Entrant or minor featured in the photo submitted in connection with an Entry has committed any act or pursued any course of conduct that is not in keeping with the Sponsors’ positive image, that would tend to bring a Sponsor and/or any of its products into disrepute and/or that likely would damage or otherwise be detrimental to the reputation and goodwill associated with the Sponsor.
Entry must: (a) be the original work product of Entrant only; (b) be solely owned by Entrant and with no other person or entity having any right, title, or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. The Entry shall not contain any animals not owned by Entrant, nor any mention, discussion, logo, company name, products, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company, except for the Sponsors’ and/or their brands. The Entry shall not include any property names or physically identify a property by photographing their front sign or any other unique identifying feature or distinguishable architecture. Entrant shall not directly or indirectly include any trademark, logo, or intellectual property in his/her Entry in any way unless owned exclusively by Entrant and in such case the Sponsors are permitted to use such intellectual property pursuant to the license granted by Entrant above. If someone other than the Entrant has taken, captured or created the content contained within the Entry, Entrant must have prior written permission from such person to submit such content as part of the Entry, and Entrant must be able to obtain a signed release from such person and provide such release to the Sponsors upon the request of a Sponsor, in such Sponsor’s sole discretion. By submitting an Entry, Entrant represents his or her compliance with these terms.
Administrator may reject any Entry and disqualify an Entrant, in its sole discretion, if the Entry in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor(s) or any person or entity negatively; and/or which is otherwise deemed to be inappropriate or demeaning in a Sponsor’s sole discretion. Entry must not duplicate or attempt to duplicate any other Entry or third-party works. Administrator reserves the right in its sole discretion to disqualify any Entrant and/or Entry that is a duplicate or substantially similar to another Entry and Administrator may, in its sole discretion, disqualify any Entrant and/or Entry that violates these parameters and/or any other part of Official Rules.
5. Contest Winner Selection.
Entries that comply with these Official Rules will be evaluated by a qualified panel of judges selected by the Administrator and under the supervision of the Administrator who will evaluate each Entry based on the following judging criteria:
- Makes you smile/Playfulness (25%);
- Creativity and Originality (25%);
- Captures an “honest” moment (25%); and
- Expressiveness of the child (25%).
The four judging criteria will be scored as follows: With respect to criteria (a) scoring will be on a scale of one (1) to twenty-five (25), where twenty-five (25) is the highest score and one (1) is the lowest. With respect to criteria (b), scoring will be on a scale of one (1) to twenty-five (25), where twenty-five (25) is the highest score and one (1) is the lowest. With respect to criteria (c), scoring will be on a scale of one (1) to twenty-five (25), where twenty-five (25) is the highest score and one (1) is the lowest. With respect to criteria (d), scoring will be on a scale of one (1) to twenty-five (25), where twenty-five (25) is the highest score and one (1) is the lowest. The one (1) entry with the highest cumulative point score from the judges will be declared the potential winner. In case of a tied score between two or more Entries that would determine the potential winner, the tied Entries will be evaluated by a new judge (as chosen by the Administrator and under the supervision of the Administrator), according to the original criteria, and the tied Entry given the highest cumulative points score by the new judge will be declared the winner of the tie and the potential winner of the Contest.
The potential winner will be contacted by the Administrator using the email address (or Administrator may contact potential winner by phone number if available) used to enter the Contest. Failure by Entrant to respond to the initial verification within forty-eight (48) hours of notification shall result in disqualification, and Administrator shall select an alternate potential winner from the Entry with the next highest cumulative judge score.
6. Prize.
There is one (1) Prize available in this Contest. The verified winner (the “Prize Winner”) will receive $2,500.00 USD, one (1) HonestBabyClothing.com gift card valued at $500.00 USD, a photoshoot wardrobe selected by Butterblu’s stylist valued at approximately $500.00 USD, and one (1) years’ worth of Stonyfield Organic YoBaby® yogurt (equal to fifty-two (52) 4oz 6-packs of YoBaby® yogurt) valued at approximately $311.48 USD (collectively, the “Prize”). Total approximate retail value of the Prize: $3,811.48 USD.
The verified Prize Winner will be offered the opportunity to take part in a photoshoot of their child (not older than two (2) years old at the time of entry). Awarding of the Prize to the verified Prize Winner is not contingent on verified Prize Winner’s participation in the photoshoot. In the event that verified Prize Winner elects to take part in the photoshoot, Entrant shall, without additional compensation, grant the Sponsors the perpetual, irrevocable, sublicensable, transferable, non-exclusive, royalty-free, fully paid up, worldwide right and license to use, edit, modify, reproduce, print, publish, transmit, distribute, publish, stream, sell, perform, adapt, resize, enhance, display and make derivative works of the photos taken during the photoshoot, provided however, each Sponsor in its sole discretion, shall choose if it shall use such photos. The photoshoot may take place remotely via video conferencing, as determined by Administrator in its sole discretion.
All non-stated features of the Prize are in Sponsors’ discretion and subject to availability, including without limitation color, design, and sizing. All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the verified Prize Winner. Verified Prize Winner will be responsible for all other expenses relating to the receipt and use of the Prize. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates, if any. Prizes are nontransferable and may not be substituted or redeemed for cash by verified Prize Winner. Sponsor(s) reserves the right to substitute the Prize, in whole or in part, for one of equal or greater value. The verified Prize Winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with their respective prizes. The finalists and the winner will be required to complete and submit an IRS Form W-9 for receipt of any prize valued at $600 or more. Failure to submit a complete IRS Form W-9 when required will result in forfeiture of the Prize. Receipt of any Prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules.
The verified Prize Winner further understands and agrees that Sponsors shall have the absolute right to refrain from or stop using the photos from the photoshoot if a Sponsor, in its sole discretion, determines at any time that the verified Prize Winner or minor in the photos has committed any act or pursued any course of conduct that is not in keeping with the Sponsors’ positive image, that would tend to bring a Sponsor and/or any of its products into disrepute and/or that likely would damage or otherwise be detrimental to the reputation and goodwill associated with the Sponsor, or for any other reason whatsoever, as determined by the applicable Sponsor in its sole discretion.
Sponsors are not responsible for any change of email address and/or mailing address of Entrants, nor are Sponsors responsible for any lost or damaged mail, including the Prize.
7. Verification of Potential Prize Winners.
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY THE ADMINISTRATOR WHOSE DECISIONS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. Any potential Prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsors may run a background check on any potential winner(s). The potential Prize winner(s) may be required to execute and return to Sponsors for their receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. Sponsors may, but are not obligated to, exercise their rights under such Affidavit. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the Contest or receive the Prize; (e) potential winner cannot or does not comply with the Official Rules; or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential Prize winner shall be disqualified from the Contest and an alternate potential Prize winner shall be selected from the other eligible entries received in accordance with these Official Rules with the next highest cumulative judge score. Administrator reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Prize winner, if any. The winner will be announced and posted by Administrator on Administrator’s website, following the completion of the Contest and verification of the winner. The winner may also be announced on a Sponsor’s website and/or its Facebook, X, TikTok, and/or Instagram accounts.
8. Entry Conditions and Release.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of each Sponsor and/or its designee(s) which are binding and final in all matters relating to this Contest; (b) for himself/herself and on behalf of minor appearing in the Entry photo, release and hold harmless Sponsors and their respective parent, subsidiaries, affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives, shareholders, licensees, and advertising and promotion agencies (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s Entry, creation of an Entry or submission of an Entry, participation in the Contest, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) for himself/herself and on behalf of minor appearing in the Entry photo, indemnify, defend and hold harmless the Released Parties from and against any and all claims, costs, expenses, damages, settlements, and other liabilities (including reasonable attorneys’ fees) that Entrant may suffer or incur as a result, directly or indirectly, of, or in conjunction or connection with, arising out of or relating to, an Entrant’s participation in the Contest and/or Entrant’s acceptance, use or misuse of any Prize, and/or any breach or alleged breach of any warranty or representation made by Entrant in connection with the Contest.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error, which may occur in the administration of the Contest or the processing of entries; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any Prize; or (f) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or an entrant’s failure to monitor its email account. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest. No more than the stated number of Prizes will be awarded. If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, force majeure, epidemic/pandemic, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor(s) that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Administrator reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winner from among all eligible, non-suspect entries received as of the date/time of termination pursuant to the above-listing judging criteria.
9. Publicity.
Except where expressly prohibited by law, by submitting an Entry, each Entrant, on behalf of himself/herself, and the minor appearing in the Entry photo, acknowledges and agrees that, if selected as a finalist or the winner, Sponsors and Sponsors’ agents may post Entrant’s name and state of residence on Sponsors’ websites and Sponsors’ social media accounts, including but not limited to Facebook, X, TikTok, and/or Instagram. The Verified Prize Winner who accepts a prize will be deemed thereby to have granted to the Sponsors the right, at any time and from time-to-time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, his/her and the minor featured in an Entry, name, portrait, picture, voice, likeness, and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.
10. General Conditions.
The Administrator reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond the Administrator’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Administrator in its sole discretion. Administrator reserve the right in its sole discretion to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, (b) to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner, (c) was ineligible to participate in the Contest, or (d) otherwise acted in an unlawful manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law and, should such an attempt be made, the Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Contest will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Sponsors and will not be returned or cancelled.
11. Limitations of Liability.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE;
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPONSORS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF ENTRANT’S PARTICIPATION IN THE CONTEST, USE OF ANY PHOTOS PROVIDED BY CONTESTANTS, POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM ANY WEB SITE OWNED, OPERATED OR CONTROLLED BY SPONSORS OR THEIR PARENT, SUBSIDIARIES OR AFFILIATED COMPANIES, OR ACCEPTANCE OR USAGE OF A PRIZE OR ANY PORTION THEREOF, AND INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ENTRANT AGREES THAT THE AGGREGATE LIABILITY OF THE SPONSORS ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $10.00. Limitations or exclusions of liability subject to all applicable federal, state and local laws and regulations.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
12. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
Except where prohibited by law, as a condition of participating in this Contest, each Entrant agrees as follows:
Binding Arbitration Agreement. Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Contest, including but not limited to Prize awarded, shall be resolved through final, binding arbitration. Entrant specifically agrees that, except as otherwise provided herein, entry into the Contest waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury.
This arbitration agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards [https://www.jamsadr.com/consumer-minimum-standards/]. If JAMS’ criteria are met by the nature of the dispute, the Entrant agrees that the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures [https://www.jamsadr.com/rules-streamlined-arbitration/]. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.
Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if Entrant is unable to pay JAMS’ costs, Administrator will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by Administrator.
Neither Entrant nor Sponsors shall be permitted to obtain awards, and all parties hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest). The parties further waive all rights to have damages multiplied or increased.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award. This arbitration agreement will survive the termination of your relationship with us.
Excluded Disputes. Notwithstanding the binding arbitration requirement set forth in this section, Entrant may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.
Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this arbitration agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.
One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Contest, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
Waiver of Jury Trial. BOTH ENTRANT AND SPONSORS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this arbitration agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Location of Arbitration. Entrant may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the State of New York, unless each party to the arbitration agrees otherwise, or at another mutually agreed upon location.
13. Governing Law.
These Official Rules and any disputes between us shall be governed by the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Severability.
In the event any provision of these Official Rules is determined to be void or unenforceable, such determination shall not affect the remainder of these terms, which shall continue to be in force. The failure of Sponsor’s to comply with any provision of this Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, pandemic, public health emergency, actions of governmental authorities outside the control of Sponsors, or other force majeure event shall not be considered a breach of these Official Rules.
15. Entrant’s Personal Information.
When registering for the Contest, you expressly agree to receive email and SMS communications from the Sponsors unless and until you opt-out at any time in accordance with each Sponsor’s terms. Information collected from Entrants is subject to and governed by Butterblu’s Privacy Policy, which is available at https://honestbabyclothing.com/pages/privacy-policy, and Stonyfield’s Privacy Policy which is available at https://www.stonyfield.com/privacy-policy. If you are selected as a potential or verified Prize winner, your name, city, and state may also be included in a publicly available Winners’ List.
16. Contest Results.
For Contest results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o Honest Baby & Stonyfield YoBaby Photo Contest, Butterblu LLC, 21 Bridge Square, 2nd Floor, Westport, CT 06880. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Contest Entry Period.
Questions?: Please email us at care@honestbabyclothing.com