“Ashton Drake Baby Photo Contest” Contest Official Rules
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW.
The following rules are intended for viewing in the 50 United States and District of Columbia by legal residents thereof only. Do not proceed in this site if you are not a legal resident of, and located in, the 50 United States or District of Columbia at the time of entry.
1. ELIGIBILITY. The Bradford Exchange, Ltd.’s “Ashton Darke Baby Photo” Contest (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years old at the time of entry. Directors, agents, and employees of The Bradford Exchange, Ltd. (the “Sponsor”) or its sister companies in The Bradford Group and their immediate family members (spouse, parent, child, brother, sister), and any persons living with such employees, are NOT eligible to enter or win. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY.
2. PROMOTION PERIOD. The Contest will begin at 12:01 p.m. (Central Time) on Monday, September 16, 2024, and all entries must be received by 11:59 p.m. (Central Time) on Sunday, September 29, 2024 (the “Promotion Period”).
3. HOW TO ENTER.
• Go to Sponsor’s website at www.ashtondrake.com/c/suchadoll.html.
• Upload one (1) photo of a baby aged newborn to 6 months (either yourself, or a minor child for whom you are the parent or legal guardian, or a minor child for whom you have the written consent of the parent or legal guardian to use the photo to enter this Contest and their agreement and compliance with all of these Official Contest Rules).
• Enter all of the remaining information required on the online entry form. Click on the “I Accept” box to indicate that you agree with these Official Contest Rules and to confirm that you grant Sponsor permission both to post the photo to our public Facebook page, Instagram account, X account, YouTube account, Google account, Pinterest account, TikTok account, Threads account, print advertising, Tint contest pages and to our website, use in print catalogs and advertisements, and to use the image and person in the photo as inspiration to create and for the promotion of an Ashton Drake baby doll.
• Click “Enter”.
• Only one entry per email address, and only one winner per household.
• By entering the Contest, entrants agree to be bound by and agree that they are in compliance with these Official Contest Rules.
Free Internet access and e-mail accounts for on-line registration and entry may be obtained from a variety of sources, including public libraries and certain web sites such as www.gmail.com and www.yahoo.com. Sponsor has no affiliation or relationship with any of these organizations, and makes no representations or warranties of any kind with respect to the services offered by these organizations. Sponsor is not endorsing any source of free Internet access and/or e-mail accounts, including, without limitation, those sources identified above.
- SELECTION OF FINALIST PHOTOS. Judging of the photos submitted will be conducted by Sponsor from September 30, 2024 to October 1, 2024. Sponsor will select up to eight (8) girl finalist photos and up to eight (8) boy finalist photos from the photos per submitted during the Promotion Period, using the following judging criteria:
• Photo is of a baby aged newborn to six months (10%)
• Photo has a clear image of the child’s face from a frontal perspective (10%)
• Photo shows the child has an engaging personality (10%)
• Ease of translation of the face in the photo to a sculpted doll face (35%)
• Marketability/saleabilty of a doll made from the image in the photo (35%)
The decision of Sponsor as to which and how many photos will be selected to become finalist photos is final. Sponsor will post up to eight (8) girl finalist photos and up to eight (8) boy finalist photos on the Ashton Drake Baby Photo Contest voting page at www.ashtondrake.com/c/suchadoll.html on or about the morning of Monday, October 7, 2024.
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HOW TO VOTE. Voting on the finalist photos will begin at 12:01 p.m. (Central Time) on Monday, October 7, 2024 and all votes must be received by 11:59 p.m. (Central Time) on Sunday, October 20, 2024. Entrants are encouraged to ask their friends to vote for their finalist photos. Voters do not have to enter the Contest in order to vote. Voters can cast only one vote per email address. Votes received from any person in excess of this limit will be void.
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PRIZES:
Grand Prize: A custom “So Truly Real” doll (with an approximate retail value (“ARV”) of $139.95), inspired by the winning photo entries and hand-signed by the artist who sculpted the original for the dolls, and two (2) free outfits of each winner’s choice will be awarded to each of the eligible entrants whose finalist photos received the highest number of eligible votes during the Promotion Period. Only one (1) girl finalist and one (1) boy finalist will be awarded a grand prize each.
Second Place Prize: A check for $150.00, and one (1) One Hundred and Fifty Dollar ($150.00) gift certificate from Ashton Drake to use at Ashton Drake, will be awarded to the eligible entrant whose finalist photo received the second highest number of eligible votes from all finalists during the Promotion Period.
Third Place Prize: A check for $50.00, and one (1) One Hundred and Fifty Dollar ($150.00) gift certificate from Ashton Drake to use at Ashton Drake, will be awarded to the eligible entrant whose finalist photo received the third highest number of eligible votes from all finalists during the Promotion Period.
In the event of a tie for a Grand, Second Place, or Third Place Prize, the judges will choose the winner by applying the judging criteria to the tied photos. In the event of a tie for one of the Grand Prizes, the judge’s choice of winner will receive the Grand Prize and the other tied photo will receive the Second Prize. In the event of a tie for Second Prize, the judges’ choice of winner will receive the Second Prize and the other tied photo will receive the Third Prize. In the event of a tie for Third Prize, the judges’ choice of winner will receive the Third Prize and the other tied photo will not receive a prize.
TOTAL ARV OF ALL PRIZES: $899.70.
Odds of winning depend on the number of eligible entries received and the number of votes received. No more than the number of prizes set forth in these Official Rules will be awarded. No difference between actual costs and actual retail value will be awarded. All prizes will be awarded unless there are fewer than four (4) eligible entries, in which case the Grand Prizes will be awarded and each remaining eligible entry will receive one Second Place Prize, and the remaining prizes will not be awarded. Prizes must be accepted as awarded and are non-transferable, and no prize substitutions (including for cash) are permitted, except that Sponsor reserves the right to substitute any prize for a prize of equal or greater value. Prize will be mailed to the U.S. mailing address provided by the winner on the entry form or in response to Sponsor’s notification. The drawing will be conducted under the supervision of Sponsor. THE DECISIONS OF SPONSOR REGARDING THE SELECTION OF THE FINALIST PHOTOS, WINNERS, VALUE OF THE PRIZES, AND ALL OTHER ASPECTS OF THIS CONTEST ARE FINAL AND BINDING IN ALL RESPECTS. An entrant is not the winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete and entrant has signed the affidavit of eligibility and a copyright and model release as requested by Sponsor. Sponsor is not responsible for and will not replace a lost or stolen prize.
- WINNER NOTIFICATION. The proposed prize winners will be notified via the email address on their entry form by 12:01 p.m. (Central Time) on November 1, 2024. The Grand Prize winners will be required to sign affidavits of eligibility and copyright and model releases permitting Sponsor to use the submitted photos and the first names and the likenesses and personas of the people depicted in the submitted photos for baby dolls. Winners are solely responsible for reporting and payment of any taxes (federal, state, or local) on prizes and any other expenses associated with the acceptance and/or use of any prize. Winners acknowledge and consent that their names and addresses will be available to others on request and that Sponsor may announce them as a winner on Sponsor’s public Facebook page, Instagram account, X account, YouTube account, Google, Pinterest account, TikTok account, Threads account, Tint contest pages or on Sponsor’s public website, and in print advertising without limitation and without compensation, except where prohibited by law. For a prize-winners list (available after November 1, 2024), send a self-addressed, stamped envelope, postmarked by November 22, 2024, to Ashton Drake Baby Photo Contest, 9200 N. Maryland St., Niles, IL 60714. If any prize winner is disqualified, or if a Grand Prize winner does not sign the affidavit of eligibility and a copyright and model release as requested by Sponsor, then that entrant will become ineligible for any prize, and Sponsor will award the prize to the eligible entrant with the next highest number of eligible votes. If this new prize award results in a higher-level prize being awarded to the winner of the Second or Third Prize, then their previous prize will instead be awarded to the eligible entrant with the next highest number of eligible votes. In no case will any entrant be awarded more than one prize.
- USE OF YOUR ENTRY AND LICENSE OF IMAGES SUBMITTED. By entering the Contest you agree that your Contest registration and any other information collected in connection with the Contest may be used by Sponsor and its sister companies in The Bradford Group in accordance with our privacy policy (please see our privacy policy http://www.ashtondrake.com/service/privacy-policy.html for more information), and that you may receive email, text messages, or other communications from Sponsor if you check the opt-in box on the entry form to receive future communications. You may subsequently opt-out of receiving such email, text messages, or other communications by following the directions in the communication or by contacting Sponsor directly as described in our privacy policy. By entering the Contest, you agree that Sponsor may identify you as a winner on Sponsor’s public Facebook page, Instagram account, X account, YouTube account, Google, Pinterest account, TikTok account, Threads account, Tint contest pages and on Sponsor’s public website and in print advertising. You agree that Sponsor may post your photo on its public Facebook, Instagram account, X account, YouTube account page, Google, Pinterest account, TikTok Account, Threads account, Tint contest pages or on its public website and in print advertising, and that Sponsor may select the finalist photos in its discretion from all eligible entries received during the Promotion Period. You also agree that Sponsor retains both (i) the right to refuse to accept as an entry to the Contest, and (ii) the right to refuse to post to its public Facebook page, Instagram account, X account, YouTube account, Google, Pinterest account, TikTok account, Threads account, Tint contest pages or its website page or in its print advertising as an entry to the Contest, any photo submitted by any entrant if, in Sponsor’s sole discretion, the photo contains unsuitable, offensive, violent, or prurient content. By submitting an entry to the Contest, you represent that you have the right to grant to Sponsor, on behalf of yourself and on behalf of any person appearing in the photo, and you do grant to Sponsor, a perpetual, irrevocable, unrestricted, royalty-free, fully-paid up, non-exclusive license to use the submitted photo (including all copyrights in the photo) and to use the first name and the likeness and persona of the person depicted in the submitted photo in any manner Sponsor sees fit for any lawful purpose, including, without limitation, (a) publishing the first name and a photo or an image or likeness of the person depicted in the photo in any media whatsoever throughout the world; (b) making derivative works, with or without names (including but not limited to sculpting a “So Truly Real” doll to be marketed and sold by Sponsor); and (c) capturing, depicting, and otherwise using the likeness of the person depicted in the submitted photo, through any other means, all without restriction as to changes or alterations, in any medium throughout the world, for products, services, advertising, illustration, promotion, art, editorial, trade, or any other purpose whatsoever, without any additional compensation to or approval by you or any other person.
- REPRESENTATIONS AND WARRANTIES OF ENTRANT. By entering the Contest, you represent and warrant to Sponsor and its sister companies in The Bradford Group that: (a) you are a resident of the 50 United States or the District of Columbia who is at least 18 years old at the time of entry; (b) the person depicted in the submitted photo is you or you are the parent or legal guardian (or you have the written consent of the parent or legal guardian (as provided in Par. 3 above) of the person in the submitted photo; (c) you have the right to grant permission to Sponsor to use the image and the likeness and persona and first name of the minor child depicted in the submitted photo; (d) you took the submitted photo yourself or you otherwise own all legal right and authority, including all copyrights, to the image which may be necessary to submit the photo for entry in the Contest and to grant the permission and license set forth above; (e) the image in the submitted photo does not infringe on the copyrights, trademarks, moral rights, rights of privacy, rights of publicity, or other intellectual property rights of any other person or entity; and (f) no other person or entity has any right, title, or interest in the image in the submitted photo.
- DISQUALIFICATION/EARLY TERMINATION. Return of prize notification as undeliverable, or a failure to respond to a prize notification within seven (7) days, may result in disqualification. If an entrant is found to be ineligible or if there is more than one entry from the same email address or with the same residence address and/or telephone number, disqualification may result. All online entries will be deemed to have been submitted by the owner of the email account from which they were sent. For these purposes, an email account holder shall mean the natural person assigned to such email account by the internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account. By entering, you agree to provide such information and sign such documents as Sponsor reasonably requests to establish your eligibility to enter and win a prize and/or that you have entered the Contest only once. Any questions regarding eligibility, the number of entries submitted, or the owner of an email account shall be determined by Sponsor in its sole discretion. Sponsor expressly reserves the right to disqualify any entries or votes or “likes” that it believes in good faith were generated by a so-called spam or automated e-mail program or via scripts or automated submission or other vote-rigging or trading schemes (such as getonlinevotes.com or similar vote trading schemes) or with the intent to impair the integrity of the voting process or that contain a false name, address, e-mail address, telephone information, or any other false statement. Use of bots or other automated processes to vote is prohibited and may result in disqualification at the sole discretion of Sponsor. Offering potential voters any kind of inducement, tangible reward, or other incentive for voting (including without limitation buying votes, trading votes, exchanging votes, providing entry into a sweepstakes for votes), or any other activity that artificially inflates an entrant’s number of votes is prohibited and may result in disqualification at the sole discretion of Sponsor. All contest participants, including entrants, voters, friends, followers, and all users, agree not to use bots, automated processes to vote, voting inducements, rewards, or incentives of any kind in this contest. Sponsor reserves the right to terminate, suspend or modify the Contest if, in its sole discretion, it determines that for any reason the Contest is not capable of running as originally planned, or fraud, technical failures, infection by computer virus, bugs, tampering, unauthorized intervention, printing, mailing or distribution errors, or any other unanticipated causes or occurrences, have compromised the fairness or integrity of the Contest. In the event the Contest is terminated prior to the stated end date, Sponsor reserves the right either to award prizes to any eligible entry received before the termination date or to conduct a substitute Contest.
- DISCLAIMERS. SPONSOR IS NOT RESPONSIBLE FOR ANY HUMAN OR MACHINE ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION; COMMUNICATIONS-LINE FAILURE, TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE; FAILURE OF ANY E-MAIL ENTRY TO BE RECEIVED ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, AT ANY WEB SITE, OR OTHERWISE; THEFT OR DISRUPTION OF OR UNAUTHORIZED ACCESS TO CONTEST ENTRIES OR ENTRY FORMS; ALTERATION OF ENTRIES OR ENTRY FORMS; INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO RECEIVE OR CAPTURE INFORMATION; WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST, OR ANY OTHER CAUSE. BY ENTERING THE CONTEST, ENTRANTS ACKNOWLEDGE AND AGREE THAT THE SPONSOR AND ITS SISTER COMPANIES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF EACH OF THEM (COLLECTIVELY, “THE BRADFORD GROUP”) AND FACEBOOK, INSTAGRAM, X, YOUTUBE, GOOGLE, PINTEREST, TIKTOK, THREADS OR TINT WILL NOT BE LIABLE FOR LOSSES OR INJURIES OF ANY KIND RESULTING FROM ANY ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST, OR ENTRANT’S FAILURE TO WIN THE CONTEST, OR THE UNAVAILABILITY OF ANY PRODUCT OFFERED AS A PRIZE, OR ENTRANT’S ACCEPTANCE, POSSESSION, USE, INABILITY TO USE, MISUSE, OR LOSS OF ANY PRIZES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO MEMBER OF THE BRADFORD GROUP WILL BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE TO ANY ENTRANT’S OR THIRD PERSON’S COMPUTER AND/OR CONTENTS, RELATED TO OR RESULTING FROM THE CONTEST. SPONSOR WILL NOT BE RESPONSIBLE FOR TYPOGRAPHICAL, PRINTING OR OTHER INADVERTENT ERRORS IN THESE OFFICIAL RULES OR IN OTHER MATERIALS RELATING TO THE SWEEPSTAKES. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CIVIL AND CRIMINAL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
- CONSTRUCTION. All issues and questions concerning the Contest, the construction, validity, interpretation, and enforceability of these Official Contest Rules, and/or the rights and obligations of any entrant or Sponsor, shall be governed by, and construed in accordance with, the internal laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules. The invalidity or unenforceability of any provision of these Official Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision of these Official Contest Rules is determined to be invalid or otherwise unenforceable, these Official Contest Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
- GENERAL RELEASE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY ENTERING THE CONTEST, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, INSTAGRAM, X, YOUTUBE, GOOGLE, TIKTOK, THREADS, TINT AND THE PARENT, AFFILIATES, AND SUBSIDIARIES OF EACH OF THEM, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, FROM ANY AND ALL LIABILITY FOR, OR RELATING TO, ANY AND ALL RIGHTS, CLAIMS, AND CAUSES OF ACTION WHATSOEVER THAT ARISE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION IN THE CONTEST, YOUR INABILITY TO PARTICIPATE IN THE CONTEST, YOUR FAILURE TO WIN THE CONTEST, OR YOUR ACCEPTANCE, POSSESSION, USE, INABILITY TO USE, MISUSE, OR LOSS OF A PRIZE, THAT YOU MAY HAVE, OR WHICH MAY ARISE, AGAINST ANY OF THE FOREGOING ENTITIES OR PERSONS, INCLUDING WITHOUT LIMITATION, ANY INJURIES, LOSS, OR DAMAGE OF ANY KIND, WHETHER DIRECT OR COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, TO ANY PERSON, INCLUDING DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE, AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Entrants acknowledge and agree that this Contest is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Instagram, X, YouTube, Google, Pinterest, TikTok, Threads or Tint. By entering this Contest, you are providing information to the Sponsor, not to Facebook, Instagram, X, YouTube, Google, Pinterest, TikTok, Threads or Tint. Facebook, Instagram, X, YouTube, Google, Pinterest, TikTok, Threads and Tint are completely released by each entrant of all liability arising out of or related to the Contest.
- DISPUTES. As a condition of participating in this Contest, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or the determination of the winners, shall be resolved individually, without resort to any form of class action, exclusively in Chicago, Illinois, by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association then in effect. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased.
- SPONSOR. The Bradford Exchange, Ltd. If you have any questions regarding this Contest, please contact us by letter addressed to Ashton Drake Baby Photo Contest, c/o The Bradford Exchange, Ltd., 9200 N. Maryland St., Niles, IL 60714.