GCW Costume Contest 2022 - Official Rules

Gerber Childrenswear LLC
 Official “GCW Costume Contest 2022” Rules
October 7, 2022 – October 28, 2022

1. CONTEST SPONSOR; TERM. The GCW Costume Contest is sponsored by Gerber Childrenswear LLC (“Sponsor,” or “we”). The entry period starts October 7, 2022 at 3:00 AM Eastern Standard Time ("EST") and ends at 11:59 p.m. EST on October 28, 2022 (“Term”). Entries received after 11:59 PM EST on October 28, 2022 will be ineligible for participation. If we do not receive an entry for any reason, or if an entry is not entered correctly, the entry will be invalid and the entrant will be ineligible for a prize.

2. ELIGIBILITY. ONLY LEGAL RESIDENTS, WHO ARE 18 YEARS OF AGE OR OLDER, OF THE 50 U.S. STATES AND THE DISTRICT OF COLUMBIA, EXLUDING RESIDENTS OF THOSE STATES WHERE THIS CONTEST IS PROHIBITED BY LAW, ARE ELIGIBLE TO ENTER OR WIN. Neither we nor any of our affiliates warrants this Contest is valid in a particular jurisdiction. Residents of jurisdictions where this Contest is prohibited are ineligible to compete in the Contest. Neither our employees nor those of any of our affiliates, subsidiaries, advertising and promotion agencies, or of any company retained by us to promote, administer, or advise with respect to the Contest (and their respective affiliates), as well as members of said employees’ immediate families, are eligible to enter. An individual is not eligible to win more than one Contest prize.

3. HOW TO ENTER; RESTRICTIONS. To enter the Contest, you must post an original image or video on Instagram using “#GCWcostumecontest2022” using a public Instagram account. In order to enter, you must accept these Contest Rules. By entering, you agree unconditionally and irrevocably to release Instagram, Sponsor and Sponsor’s affiliates, employees, officers, directors, customers, licensors, and licensees from any liability arising from the Contest and from its or their use of your entry and photo submission. 

4. PRIZES: One (1) eligible Contest entrant will be chosen by Sponsor at the end of the Term. The winner will receive one (1) Two Hundred and Fifty Dollar ($250.00) gift card for use at Sponsor’s Website. The total value of all prizes awarded will be Two Hundred and Fifty Dollars ($250.00). In addition, two (2) winners will each receive one (1) One Hundred Dollar ($100.00) gift card for use at Sponsor’s Website.

5. SELECTION OF WINNER. The Winner will be selected by Sponsor in its sole discretion, based on Sponsor’s judgment of the creativity, originality, personality, and cuteness of submissions. All submissions should depict costumes that are safe and appropriate for children. The following is a non-exhaustive list of reasons for disqualification of an entry: the Gerber Childrenwear apparel and/or accessories featured in the photo are torn or cut, the costume or image risks the baby’s safety, the baby is not pictured in the photo, the entrant does not own the rights to the submitted image, or the photo contains political messages, insensitive depictions or references towards particular groups of people, profanity, nudity, or words superimposed on the image. 

6. NOTIFICATION OF WINNER. The Contest winner will be considered a potential winner until we confirm prize winner status. The winner shall grant Sponsor the right, in our sole discretion, to announce your name or other identifiable information on our Website, social media accounts, and in any other form of public communication. We will notify the potential prize winner by an email message. The email message may include instructions with which a potential winner must comply before being declared a winner and awarded a prize. In the event of non-compliance with any rules set forth herein, or if any prize notification is returned as undeliverable, a winner’s prize may be forfeited and awarded to an alternate winner, to be selected by us in our sole discretion. Sponsor is not responsible and will not be liable for late, lost, misdirected, or unsuccessful efforts to notify a winner. The Winner will receive her prize within fifteen (15) business days after Sponsor’s receipt of any authorization, affidavit, release, or other form or verification requested by Sponsor under these Contest Rules. 

7. ANNOUNCEMENT OF WINNER: The name of the winner will be posted on Sponsor’s social media pages. The identity of the winners can also be obtained by writing to Gerber Childrenswear LLC, Attn: Marketing, 7005 Pelham Rd., Suite D, Greenville, SC 29615. 

8. USE OF EMAIL, IMAGES, AND LIKENESS; RELEASES. By entering the Contest, you agree to and hereby do (to the extent permitted by your state’s laws) (a) grant Sponsor the right to send marketing and promotional materials and other communications to the email address provided in your entry; and (b) grant Sponsor and those acting under Sponsor’s authority an irrevocable, royalty-free, worldwide, assignable, non-exclusive license to use, publish, and distribute, and create derivative works from, your submitted photo, name, picture/portrait, and likeness, and the likeness of your child(ren) in connection with any current or future media for advertising and promotional purposes, or for any other lawful purpose, without further compensation. If you are a Contest winner, you may be required to sign and return within ten (10) days of Sponsor’s request an Affidavit or Declaration of Eligibility, a Liability Release, and where legally permissible a Publicity Release. BY ACCEPTING A PRIZE, YOU AGREE THAT SPONSOR AND ITS PARENT COMPANY, AFFILIATED COMPANIES, AGENTS, RETAIL CUSTOMERS, AND ADVERTISING AGENCIES, INSTAGRAM, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER, AND WILL BE INDEMNIFIED AND HELD HARMLESS BY YOU, FOR ANY LIABILITY, INJURY, LOSS, OR DAMAGE OF ANY KIND, INCLUDING DEATH, TO PERSONS AND PROPERTY DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES. All entries become the sole property of Sponsor and will not be returned. Notwithstanding any rule herein, you have the right to refuse to provide personal information to Sponsor in accordance with any applicable law. Should a Contest winner refuse to provide a mailing address to Sponsor, the winner’s prize may be forfeited and awarded to an alternate winner. Before providing any personal information, please read our Privacy Policy, which is available at www.gerberchildrenswear.com, or upon request from Gerber Childrenswear LLC, Attn: Marketing, 7005 Pelham Rd., Suite D, Greenville, SC 29615. By submitting a completed entry form, you consent to the collection, processing, use and disclosure of the information contained in your entry form, according to our Privacy Policy. 

9. GENERAL CONDITIONS. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED. A copy of these rules may be obtained at the Contest landing page (if applicable), or by sending a self-addressed and stamped envelope to: Gerber Childrenswear LLC, Attn: Marketing, 7005 Pelham Rd., Suite D, Greenville, SC 29615 within thirty (30) days of the Contest deadline date. Residents of Vermont may omit return postage. Questions regarding this Contest may be sent to Gerber Childrenswear LLC, Attn: Marketing, 7005 Pelham Rd., Suite D, Greenville, SC 29615. By entering the Contest, you agree to these rules, all eligibility requirements, and all decisions of Sponsor. Our decisions are final on all matters relating to this Contest. The reporting and payment of all tax liabilities incurred by any winner as a result of the Contest are the sole responsibility of the winner. Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, EXCEPT as expressly specified on the product. No substitution of prizes will be permitted, except by us at our sole discretion if the advertised prizes become unavailable. Prizes are non-transferable and may not be redeemed for cash. Odds of winning may depend on the number of entries received. If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error, act of God, or any other causes beyond our control that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, we reserve the right, in our sole discretion, to cancel, terminate, modify or suspend the Contest and award prizes from among all eligible entries received prior to cancellation or termination. We reserve the right, in our sole discretion, to disqualify anyone who tampers with the entry process. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, mail delivery error or delay, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contest. Pursuant to federal law, you have the right to notify us that you do not wish to be contacted by us regarding any future Contest, contest, promotion, or mailings, and that we may not use any information provided by you to us for any purposes other than as needed for this Contest. You may notify us by mail at Gerber Childrenswear LLC, Attn: Marketing, 7005 Pelham Rd., Suite D, Greenville, SC 29615, by email (marketing@gerberchildrenswear.com), or by calling our toll free number (1-800-4-GERBER). If no entrant qualifies for a prize, the prize or its equivalent cash value may be awarded to a charity of our choice. We reserve the right to verify the eligibility qualifications of winners. This Contest is governed by U.S. and applicable state law. By entering the Contest, you agree to all the rules and conditions of the Contest forth herein.