THE SHAWNEE HEALTH SERVICE (“SHS”) Holiday Baby Photo Contest 2021 (The “Promotion”)
Official Rules and Regulations
This Promotion is intended for viewing and participation in the counties of Jackson, Union, Williamson, Franklin, Perry and Randolph only within the State of Illinois and shall be construed and evaluated according to the laws of the 6 counties and the state of Illinois. Please do not enter if you are not a legal resident of, and not located in, the 6 counties hereby mentioned. VOID WHERE PROHIBITED BY LAW. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. NO REQUIREMENT TO BE A PATIENT OF SHS TO ENTER OR WIN. BEING A PATIENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
Entry constitutes your acceptance of these Official Rules and Regulations.
- Promotion Period: The Promotion Period consists of a Submission Period which begins December 7, 20201 at 12:01:00 AM Central Time (“CST”) and ends December 31, 2021 at 4:00:00 PM CST (“Submission Period”), and a Voting Period which begins January 4, 2021 at 10:00:00 AM CST and ends January 11, 2022 at 10:00:00 AM CST (“Voting Period”).
- Who May Participate: This Promotion is only open to legal residents of counties of Jackson, Union, Williamson, Franklin, Perry and Randolph within the state of Illinois who are 18 years of age or older at the time of entry, and are parents or legal guardians of a child (or children) who is (are) between one (1) day and twenty-four (24) months old on the date of entry. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after December 7, 2020, was or is a director, officer, or employee of SHS; and (b) persons who are or purport to be immediate family members (defined as biological or step-mother/father, sister, brother, daughter, son or dependent or spouse of any SHS director, officer, or employee, regardless of where they reside) or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories. Void in all Illinois counties except Jackson, Union, Williamson, Franklin, Perry and Randolph, the U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited by law. Promotion is subject to all applicable federal, state and local laws.
- How To Enter The Promotion: During the Submission Period, photos, information and entry form responses that are uploaded to the official SHS Holiday Baby Photo Contest 2020 submission website (https://www.shawneehealth.com/obgyn/holiday-baby-photo-contest/) (“Website”) will be compiled and (subject to the requirements below) will be entered for consideration in the Promotion for the Grand Prize. Winner will be chosen at the end of the Voting Period based on which contestant has the most Facebook likes/reactions on his/her photograph.By submitting photos and information for consideration, you confirm that you have read and accept these Official Rules and Regulations, and you confirm that you are the parent/legal guardian of any minor(s) in the photo. The photo(s) and videos submitted are each referred to herein as an “Entry”. Entries are subject to all Entry Requirements set forth herein to be valid and in accordance with the Submission Requirements. By submitting an Entry, you hereby warrant and represent that your Entry conforms with the Entry Requirements set forth herein.
- Limit: Maximum of one (1) entry per child per family throughout the entire Submission Period.Each Entry must be unique; duplicate Entries and/or automated Entries are prohibited. Entrants may not enter under multiple names nor may Entrants use any other device or artifice to enter multiple times or as multiple Entrants. If it is discovered that you have entered or attempted to enter the Promotion more than one (1) time per child per family, all of your Entries will be declared null and void, and any Prize you might have been entitled to (if any) may be forfeited, in SHS’ sole discretion.
- Entry Requirements: The following guidelines set by SHS must be followed for each Entry:
- Entry must be a photo taken within the thirty (30) days prior to date of Entry.
- You must own all rights to the Entry and have the right to grant SHS a license to use the Entry (including any material embodied in the Entry).
- The Entry must include a photo of one (1) and only one (1) of your children per Entry, unless the children are multiples (twins, triplets, etc) then only one (1) Entry per set of multiples.
- You must be the parent or legal guardian of the child depicted in the Entry.
- The Entry cannot contain the image or likeness of any individual other than your child or children in the case of multiples.
- The Entry may not include a photo taken by a professional photographer.
- The Entry may not include a photo collage (2 or more photos combined into one image)
- Any child included in an Entry must be appropriately clothed (or wearing a diaper). Images of naked children or children in bath tubs will not be eligible or accepted.
- The Entry must be suitable for a family audience and contain only content that, in the sole and unfettered discretion of SHS, is suitable for a general audience.
- The child or children in the case of multiples included in an Entry 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 Promotion.
- The Entry must comply with these Official Rules and any Terms of Service on the Website.
- The Entry must not, in the sole and unfettered discretion of SHS, incorporate any elements of entries submitted by other Entrants.
- The Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any inappropriate content.
- The Entry cannot promote alcohol, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- The Entry cannot be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group.
- The Entry cannot defame, misrepresent or contain disparaging remarks about SHS or its services or other people, products or companies.
- The Entry cannot prominently feature trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to product packaging, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by Entrant or as authorized by SHS for use by Entrant in connection with the Promotion.
- The Entry cannot (in the sole discretion of SHS) advertise or promote any brand or product of any kind other than SHS, including, but not limited to, any of SHS’ competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses.
- The Entry cannot contain materials embodying the name, likenesses, or other indicia identifying any other person, living or dead, unless you have express permission from that person to use their likeness and performance in connection with the Promotion.
- No background artwork or material shall appear in the Entry unless it is the original work of the Entrant.
- Entries must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein.
- The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which SHS wishes to associate.
- The Entry cannot violate any law or otherwise be inappropriate; all as determined by SHS in its sole discretion.
- Filters on photos will not be accepted and will disqualify your entry.Each Entrant warrants to SHS that his/her entry does not contravene or infringe on anyone else’s copyright or other intellectual property, moral rights, privacy or publicity rights and that s/he is the parent or legal guardian of any child(ren) depicted in the photo. If requested, the Entrant must be able to provide proof in a form acceptable to SHS that s/he is the parent or legal guardian of the child(ren) featured in the Entry.
If you think that any Entry infringes your intellectual property rights and you wish to report it, email email@example.com. Any waiver of any obligation hereunder by SHS does not constitute a general waiver of any obligation to Entrants. SHS reserves the right to waive the Entry requirements set forth herein in its sole discretion. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place SHS under any obligation, that SHS is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By entering, you acknowledge that SHS has no obligation to use or post any Entry you submit. You acknowledge that SHS does not waive any rights to use similar or related ideas previously known to SHS, or developed by its employees, or obtained from sources other than you.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such Entrant will indemnify and hold harmless, SHS from any claims to the contrary. By accepting a prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to SHS all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which s/he may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of SHS, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. SHS reserves the right to alter, change or modify any winning Entry, in its sole discretion. Upon request of SHS, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by SHS, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should SHS fail to request the said assignment as stated, that shall not be deemed a waiver of SHS’ rights and SHS may at a later time request the assignment.
By participating in the Promotion, Entrants agree to indemnify and hold SHS harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by SHS, or any of them, arising out of or in connection with the participation by the Entrants in this Promotion, or any breach by the Entrants of the foregoing warranties. By participating, Entrants agree to these Official Rules and Regulations, which are final and binding in all respects.
- Promotion Grand Prize Winner Determination. Entries will be voted upon on SHS’ official Facebook page. The photo with the most likes/reactions at the end of the Voting Period will, subject to verification, be awarded the Grand Prize.
Grand Prize (1 available). The Grand Prize Winner will receive one (1) photoshoot by Southern Roots Portraits provided in the form of a voucher which must be used toward a children’s photoshoot package for Grand Prize Winner’s child or children in the case of multiples. The child, or children in the case of multiples, utilizing the photoshoot must be the child(ren) who won the SHS Holiday Baby Photo Contest 2020. No other children, adults or family are permitted to participate in the photoshoot. Children’s photoshoot package is limited to two (2) outfit changes.Total value of prize available to be won: $250.00.
- How to Claim Your Prize. The Grand Prize Winner will be notified via email using the email address provided during the Photo Submission with instructions on how to be confirmed as a Winner and claim the prize. Once the message is sent, Grand Prize Winner will have 48 hours to respond. Before being declared a winner, Grand Prize Winner will be required to provide identification and execute and return a photo and publicity release form, as well as any other documents required by SHS, within five (5) business days from the time it is emailed by SHS or its representative or within five (5) business days of Grand Prize Winner’s receipt if by mail, or the prize may be forfeited and, at SHS’ sole discretion, the prize may be awarded to an alternate winner.If the Grand Prize Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, if SHS is unable to contact a Grand Prize Winner within five (5) business days, or in the event that a prize notification or any prize is returned undeliverable, such prize may be forfeited at SHS’ sole discretion. Grand Prize Winner may be required to furnish proof of identification.
Allow 2-3 weeks for verification and shipment of your prize or pick up at the Shawnee Health Service Administration building in Carterville, Illinois. SHS shall not be held responsible for any delays in awarding a prize for any reason outside of their control. Prize will only be delivered to the verified Grand Prize Winner. Any unclaimed prize will not be awarded. SHS is not responsible for any change of mailing address, email address, and/or telephone number of Entrants.
By accepting the prize, Grand Prize Winner agrees and consents to the use of his/her name, his/her child(ren)’s name(s), address (city and state of residence), statements relating to the Promotion or SHS, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by SHS or any related entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law. Grand Prize Winner additionally agrees to permit SHS to use photographs from the Grand Prize and execute any authorization necessary for Southern Roots Portraits to release said photographs to SHS. Southern Roots Portraits will be identified in any use of the photographs.
- Conditions of Entry. By submitting an Entry, each Entrant grants, represents and warrants that the Entrant has the rights and authority necessary to grant SHS an irrevocable, perpetual, non-exclusive, fully paid-up, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Entry and all elements of the Entry, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from Entrant or any third party.
- By entering, Entrants (i) acknowledge compliance with these Official Rules and Regulations including all eligibility requirements and, (ii) agree to be bound by all decisions of SHS, made in its sole discretion, which shall be final and binding in all matters relating to this Promotion. All issues of interpretation to be decided by SHS. Decisions of SHS are final and binding in all matters. Entrants who have not complied with these Official Rules and Regulations are subject to disqualification and all associated Entries will be void.
- SHS is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery. SHS’ clock is the official timekeeping device for this Promotion.
- SHS reserves the right to disqualify any Entrant’s registration in the Promotion (and void all associated Entries) or entitlement to a prize, if, in the sole discretion of SHS, it determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair entry or playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
- If a dispute arises regarding the identity of an Entrant, such Entry will be deemed to be submitted by the authorized account holder of the email account corresponding to the Entry and s/he must comply with these Official Rules and Regulations. Each Entrant may be required to show proof of being the authorized account holder.
- As a condition of entering, Entrants agree (and agree to confirm in writing): (a) to release SHS, Facebook, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of any prize; (b) to comply with all the rules; (c) that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (d) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (e) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will Entrants be entitled to receive attorneys’ fees and court costs.
- All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of Entrant and SHS in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, USA, without regard to Illinois or any other conflicts of law principles. All Entrants consent to the jurisdiction and venue of the federal, state and local courts for Williamson County, Illinois.
- SHS reserves the right in its sole discretion to cancel, modify or suspend this Promotion at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion. In the event of cancellation, SHS reserves the right to select the Grand Prize Winner from among all eligible, non-suspect Entries received up to time of such cancellation. In no event will SHS be liable for more than the stated prize available.
- SHS does not warrant that access to the Promotion will be uninterrupted. SHS is not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, Facebook APIs (application programming interfaces), or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Promotion, the processing of Entries, the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user’s computer system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
- Any attempt by an Entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws, including criminal prosecution. Should such an attempt be made, SHS reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Any Entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize, and all associated Entries will be void. Entrants who have not complied with these Official Rules are subject to disqualification and all associated Entries will be void.
- In the event of any conflict with any Promotion details contained in these Official Rules and Regulations and Promotion details contained in Promotion Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules and Regulations shall prevail. The Official Rules and Regulations govern over all other communications.
- The invalidity or unenforceability of any provision of these Official Rules and Regulations shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules and Regulations shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- This Promotion is solely sponsored by Shawnee Health Service and Development Corporation, 109 California Street, Carterville, IL 62918.
- This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.