Official Rules

Adoptive Families Annual Cover Photo Contest – 2019

• Sponsor: The Adoptive Families Cover Photo Contest” (“Contest”) is sponsored by New Hope Media, LLC d/b/a Adoptive Families Magazine, 108 W. 39th St. Suite 805, New York NY 10018 (“Sponsor”).
• Contest Entry Period: The Contest starts at 12:00 AM Eastern Time (“ET”) on 5/17/19 and ends at 11:59 PM ET on 10/14/19 (“Contest Entry Period”).
• Eligibility: Contest open only to legal residents of the 50 United States, the District of Columbia and Canada (excluding Quebec), 18 years of age or older at time of entry who are the adoptive parent or legal guardian of the child/children featured in the submitted photo and who are 18 years of age or older at the time of entry. Employees of Sponsor, and its parent, subsidiaries, and affiliate companies or operating divisions (“Contest Entities”) and members of their immediate families (spouse, domestic partner, parents, siblings and children) are not eligible to participate. Contest is subject to all applicable federal, state, provincial and local laws and regulations. Void in Quebec and where prohibited by law.
• How to enter:
• There are two categories of winners: one winner of a portrait photo for publication on the magazine cover (‘Magazine Cover Category”) and eight winners of photos for publication inside the magazine (“Inside the Magazine Category”), including more candid/lively shots. Sponsor will determine the appropriate category for each Photo.
• There are two methods of Entry: Method #1 Online: During the Contest Entry Period submit a photo on Sponsor’s contest page located at www.adoptivefamilies.com/cover-photo-contest by following the links and instructions to enter (“Online Entry(ies)”). Entrants must complete the entry form which requires that they provide their name, the name of the featured adoptive child, child’s country of origin, child’s age in the Photo and date of birth, the photographer’s name, and the Entrant’s address, phone number and email address. Only photos submitted in electronic .jpg, .gif, or .png format, with images at least 72 dpi and 4 MB or smaller, will be eligible. Method #2 Mail: You can mail your Photo and name, the name of the featured adoptive child, child’s country of origin, child’s age in the Photo and date of birth, the photographer’s name, and entrant’s address, phone number and email address to Adoptive Families Photo Contest, 108 West 39th Street, Suite 805, New York, NY 10018 (“Mail-In Entry(ies)”). Photos which are mailed must be large enough to reproduce and no larger than 8” x 10”. Slides are not eligible. The photo (“Photo”) should depict your child/children in a photo that is suitable for publication. Online Entries and Mail-In Entries are collectively referred to as an “Entries(ies)” and the individual submitting an Entry is an “Entrant”. Each photo must be unique and may be entered only once. A person can submit multiple entries, each as a separate entry with a separate entry form. Receipt of Entries will not be acknowledged or returned.
• Requirements of Entries: Your Entries must meet the following requirements and by entering you represent and warrant and agree that:
  • The featured child must be adopted.
  • Entrant must be the adoptive parent or legal guardian of the child featured in the submitted Photo.
  • If any other recognizable person is depicted in the Photo you have obtained permission from that individual (or his/her parent or legal guardian if the individual is a minor) to submit the Photo in the Contest and to grant the License provided in these rules, including the right to use his/her likeness as set forth in these rules; such written permission will be required before an Entry is declared a winner from that individual;
  • The Entry you submit was created by you or you have the right to use or have received prior permission from any individual involved in the creation of the Entry (“Third Party Participant”) or any individual depicted in the materials (“Identified Persons”) and you have the right to use the Entry, and all elements of the Entry, and can grant the License granted herein;
  • If the Photo was taken by any third party (including a professional photographer) you have obtained permission to submit the Photo in the Contest and to grant the License provided in these rules; such written permission will be required before an Entry is declared a winner;
  • The Entry does not contain any prominent use of third party trademarks, trade names, brands or logos;
  • The Entry does not depict any celebrities or crowd scenes;
  • The Entry must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
  • The Entry must not disparage Sponsor or any other person or party; and
  • The Entry cannot be offensive or contain any elements such as nudity, graphically violent imagery, sexually suggestive imagery, or be explicitly racial, profane, slanderous or visually depict alcohol or gambling or be contrary to the interests of Contest or Sponsor, as determined in the sole discretion of the Sponsor.
• Grant of License: Entrants retain ownership of the Entries submitted in this Contest. However, by entering Entrants grant Sponsor and any organizations affiliated with Sponsor or its licensees, the perpetual, fully-paid, irrevocable, exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, digitize, otherwise use, and permit others to use and publish throughout the world the Entry, and any elements thereof, in any manner, form, or format now or hereinafter created and for any purpose, including, but not limited to, advertising or promotion of Adoptive Families-branded media (including but not limited to magazines, books, web sites, and social media platforms), all without further consent from or payment to you, a Third Party Participant, Identified Persons, or any other person or entity (“License”). The Entry may be published and posted online but you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of a Entry has no bearing on whether that Entry will be selected as a winner. You will hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in the Entry you submit.
• Selection of Winner:
• For Magazine Cover Photos:Round One: All Entries submitted will be judged by Sponsor based on the following criteria: (1) suitability for a magazine cover (e.g., a portrait allowing space for cover lines) 40%; (2) production value (30%); (3) appeal (20%) originality (10%) (“Magazine Cover Judging Criteria”). In the event of a tie, the tying Entries will be re-judged based on appeal (100%). In the event of a further tie, the tying Entries will be re-judged based on all of the Portrait Judging Criteria. The Entries with the top 5 scores will be the finalist Entries in this category.
• For Inside the Magazine Photos:Round One: All Entries submitted will be judged by Sponsor based on the following criteria: (1) suitability for publication inside the magazine (40%); production value (30%); (3) appeal (20%) originality (10%) (“Inside the Magazine Judging Criteria”). In the event of a tie, the tying Entries will be re-judged based on appeal (100%). In the event of a further tie, the tying Entries will be re-judged based on all of the Candid Judging Criteria. The Entries with the top 20 scores will be the finalist Entries.Entries may be judged in one or both categories based on the suitability of publication as a magazine cover or inside the magazine, as determined by the Sponsor in the Sponsor’s sole discretion.
• Round Two: All finalist Entries in each category will be re-judged by Sponsor based on the applicable Judging Criteria to determine the winner(s) in each category based on the highest scores. In the event of a tie in any category, the tying finalist Entries will be re-judged based on appeal (100%). In the event of a further tie, the tying finalist Entries will be re-judged based on all of the applicable Judging Criteria.The finalist Entries with the top score in the Magazine Cover Category will be the winner. The finalist Entries with the top 8 scores in the Inside the Magazine Category will be the winners. Only one winner per category.
• Winners Notification: The potential winner(s) will be notified via the contact information they provided at entry. The potential prize winners’ (parent/legal guardian if winner is a minor in his/her state or jurisdiction of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Release”) which must be received by Sponsor within 7 days of the date of the notice in order to be declared the winner. If Sponsor does not receive the signed Release within said 7 days, or if the mail is undeliverable, if an Entrant is otherwise found to be ineligible, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the applicable prize and the next runner up will be selected. Acceptance of prize constitutes permission (except where prohibited by law) to use each winner’s name, prize won, city and state or providence where winner is located and likeness for promotional purposes without further compensation.
• Prize: All prize winners’ Photos will be published in Adoptive Families magazine. The winner in the Magazine Cover Category will also be awarded his/her choice of an Amazon, Target or Best Buy gift card valued at $200. The card issuer’s terms and conditions will apply. The Magazine Cover Category winner is responsible for local, state, provincial and federal taxes if any. No substitution permitted or cash equivalent, except in the sole discretion of the Sponsor. Prize is non-transferrable.
• Conditions: By participating, Entrants agree to be bound by the Official Rules of this Contest and the decisions of the Judges which are final and binding. The Sponsor reserves the right, in its sole discretion to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that Entrant has not complied with the Official Rules or has interfered, in Sponsor’s sole opinion, with the proper conduct of the Contest. Entrants on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities, as well as their respective employees, officers, directors and agents (“Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if the parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, outside attorneys’ fees) that may arise in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Contest or use or misuse of any prize, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Contest materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Contest Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Contest (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the information or any parts thereof), (j) any technical malfunctions or unavailability of any website, app, social media platform or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Contest Entities or by an entrant, (k) interruption or inability to access the Contest, any website, app, social media platform or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, postage due, undeliverable or damaged Entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of Sponsor, or any of its agents or employees, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees, or (r) the negligence or willful misconduct by Entrant. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select the finalist or winner from among all eligible Entries or finalists received prior to termination. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of an Entry Sponsor reserves the right to disqualify the Entry. By participating, Entrant acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in an Entry which is otherwise not protected by law or was previously known to Sponsor or developed by their respective employees, or obtained from sources other than the Entrant. If fewer qualified Entries are received than the stated number of finalists, Sponsor may name a fewer number of finalists or cancel the Contest in its sole discretion. In the event of a dispute as to who an entrant is, or if there is any claim of unauthorized use of an Entry the disputed Entry will be disqualified.
• Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest subject to applicable law. Except where prohibited by applicable law, any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Unless prohibited by law, the arbitration shall be conducted in the state of New York. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, unless prohibited by applicable law, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York and the parties agree not to raise the defense of forum non conveniens.
• Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES OR APPS ASSOCIATED WITH THE CONTEST AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES OR APPS ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
• CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of any such provision.
• Winner’s list: For the names of the winner(s) (posted online and available within 30 days after the Contest ends), mail a self-addressed, envelope to Adoptive Families Cover Photo Contest, Adoptive Families Magazine, 108 W. 39th St. Suite 805, New York NY 10018, no later than 60 days after the Contest ends.
• Privacy: All information submitted by you as part of this Contest will be treated in accordance with Sponsor’s Privacy Policy (accessible from https://www.adoptivefamilies.com/terms-conditions/privacy-policy/). By participating in this Contest, Entrants acknowledge and agree that all information and material, including any personal information provided in your Entry materials, will be shared with Sponsor’s agents, representatives, and other third parties involved in the execution, administration, or hosting of this Contest, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor’s Privacy Policy, these Official Rules shall govern.