Terms & Conditions
1. Information about how to submit an “introduction” of your newborn baby (Newborn Introduction) and how submissions will be dealt with forms part of these Terms and Conditions. Submission of a Newborn Introduction into the Introduce your Newborn Campaign (Campaign) is deemed to be an acceptance of these Terms and Conditions.
2. Submissions can only be made by New Zealand residents who are aged 18 years or over and who are the parent or legal guardian of the newborn who is the subject of the submission. Any person directly involved in the conduct of this Campaign is ineligible to submit an entry.
3. In the Campaign, Submissions can be received from 14:30:01 NZDT on Tuesday 8th March 2011 until 23:59:59 NZST on Thursday 23rd June 2011 (“Submission Period”). However, the Campaign consists of 14 separate periods for submissions as follows (“Birth Announcement”):
? Birth Announcement 1: from 14:30:01 NZDT on Tuesday 8th March 2011 until 23:59:59 NZDT on Sunday 20th March 2011
? Birth Announcement 2: from 00:00:01 NZDT on Monday 21st March 2011 until 23:59:59 NZDT on Thursday 31st March 2011
? Birth Announcement 3: from 00:00:01 NZDT on Friday 1st April 2011 until 23:59:59 NZST on Thursday 7th April 2011
? Birth Announcement 4: from 00:00:01 NZST on Friday 8th April 2011 until 23:59:59 NZST on Thursday 14th April 2011
? Birth Announcement 5: from 00:00:01 NZST on Friday 15th April 2011 until 23:59:59 NZST on Thursday 21st April 2011
? Birth Announcement 6: from 00:00:01 NZST on Friday 22nd April 2011 until 23:59:59 NZST on Thursday 28th April 2011
? Birth Announcement 7: from 00:00:01 NZST on Friday 29th April 2011 until 23:59:59 NZST on Thursday 5th May 2011
? Birth Announcement 8: from 00:00:01 NZST on Friday 6th May 2011 until 23:59:59 NZST on Thursday 12th May 2011
? Birth Announcement 9: from 00:00:01 NZST on Friday 13th May 2011 until 23:59:59 NZST on Thursday 19th May 2011
? Birth Announcement 10: from 00:00:01 NZST on Friday 20th May 2011 until 23:59:59 NZST on Thursday 26th May 2011
? Birth Announcement 11: from 00:00:01 NZST on Friday 27th May 2011 until 23:59:59 NZST on Thursday 2nd June 2011
? Birth Announcement 12: from 00:00:01 NZST on Friday 3rd June 2011 until 23:59:59 NZST on Thursday 9th June 2011
? Birth Announcement 13: from 00:00:01 NZST on Friday 10th June 2011 until 23:59:59 NZST on Thursday 16th June 2011
? Birth Announcement 14: from 00:00:01 NZST on Friday 17th June 2011 until 23:59:59 NZST on Thursday 23rd June 2011.
4. To submit a Newborn Introduction you must:
a) go online to www.huggies.co.nz (Huggies Website);
b) if you are not a member of the Huggies Baby Club or Huggies Mum to Be Club, register to become a member of the Huggies Baby Club or Huggies Mum to Be Club and log on to the Huggies Website. If you are already a member, log on to the Huggies Website;
c) follow the link to the “Introduce your Newborn Campaign”;
d) Navigate to the Birth Announcement currently open for submission, and complete the on-line entry mechanic (with all information entered correctly) by entering/confirming all mandatory details, including:
? First and Last Name of newborn
? Date of Birth of newborn being submitted
? Enter a Caption to detail “The first time we met” in 25 words or less (“Sentiment”)
? Confirm that you are a parent or legal guardian of the newborn
? Confirm acceptance of all these Terms and Conditions
? Confirm acceptance of the copyright notice;
The subject of the submission (the name and/or photograph) must be the parent/legal guardian’s baby who is 10 weeks old or less at the time of submission.
You may submit a Name-Only submission or a Photo Submission. If you are submitting a Photo Submission this will also need to be uploaded and the option selected for use on TV or web only (‘Web Only Introductions’) – only one photo can be submitted. To be eligible the photo entered must (always having in mind that the internet is a public domain):
- be of only one baby (unless multiple births of siblings – that is twins, triplets etc are being submitted as one entry)
- be a close up shot of the baby’s face, with a clear photo of the baby’s face – and without any other person clearly shown in the photo;
- not depict the newborn with genitals showing;
- not display the baby in an inappropriate situation (as determined in the sole discretion of the Sponsor);
- not display the baby in a dangerous situation ;
- meet the minimum resolution and size criteria of 800 by 600 pixels (most digital cameras over 2 megapixels on the highest setting should be sufficient) . You acknowledge that the image may be cropped or zoomed in on by the Sponsor when displayed by Sponsor on any website or commercial.
e) press “Submit” to submit your Newborn Introduction during the Campaign Period.
5. Submissions are deemed to be received at the time of receipt by the Sponsor. Records of the Sponsor are final and conclusive as to time of receipt. All submissions (including photographs) must be the sole work of the entrant, and entrant must have all necessary consents in order to provide any submission (including photographs) for the proposed uses set out in these Terms and Conditions. All submissions will be reviewed by a moderator nominated by the Sponsor for adherence to these Terms and Conditions. Submissions (including any part of the submission, such as a photograph) which do not meet the criteria will be considered invalid.
6. Limit of one submission per person (and per baby) in entire Campaign. Multiple Births of siblings, that is twins, triplets etc., must be submitted as a single entry and cannot be entered separately. By making a submission, the entrant warrants that he or she is fully authorised to submit the photograph and submission, and is either the parent or legal guardian of the newborn
7. All valid submissions received during a Birth Announcement period, including “Name-Only” and “Photo” submission, will be (or parts thereof will be) displayed on the Huggies Website, and open to nomination by the public during each “Nomination Period” as follows. Facebook members may “nominate” a photo by “liking” the photo during the relevant “Nomination Period”. Nominations may be made on more than one photo submission, however each photo can only be “liked” once by each Facebook member. “Likes” may be removed. Only the number of “likes” which remain for that photo at the end of the relevant Nomination Period will be counted for each photo. The following are the “Nomination Periods” for each Birth Announcement:
? Birth Announcement 1: 15:00:01 NZDT on Monday 21st March 2011 until 14:59:59 NZDT on Tuesday 29th March 2011.
? Birth Announcement 2: 15:00:01 NZDT on Friday 1st April 2011 until 14:59:59 NZST on Tuesday 5th April 2011.
? Birth Announcement 3: 15:00:01 NZST on Friday 8th April 2011 until 14:59:59 NZST on Tuesday 12th April 2011.
? Birth Announcement 4: 15:00:01 NZST on Friday 15th April 2011 until 14:59:59 NZST on Tuesday 19th April 2011.
? Birth Announcement 5: 15:00:01 NZST on Friday 22nd April 2011 until 14:59:59 NZST on Tuesday 26th April 2011.
? Birth Announcement 6: 15:00:01 NZST on Friday 29th April 2011 until 14:59:59 NZST on Tuesday 3rd May 2011.
? Birth Announcement 7: 15:00:01 NZST on Friday 6th May 2011 until 14:59:59 NZST on Tuesday 10th May.
? Birth Announcement 8: 15:00:01 NZST on Friday 13th May 2011 until 14:59:59 NZST on Tuesday 17th May 2011.
? Birth Announcement 9: 15:00:01 NZST on Friday 20th May 2011 until 14:59:59 NZST on Tuesday 24th May 2011.
? Birth Announcement 10: 15:00:01 NZST on Friday 27th May 2011 until 14:59:59 NZST on Tuesday 31st May 2011.
? Birth Announcement 11: 15:00:01 NZST on Friday 3rd June 2011 until 14:59:59 NZST on Tuesday 7th June 2011.
? Birth Announcement 12: 15:00:01 NZST on Friday 10th June 2011 until 14:59:59 NZST on Tuesday 14th June 2011.
? Birth Announcement 13: 15:00:01 NZST on Friday 17th June 2011 until 14:59:59 NZST on Tuesday 21st June 2011.
? Birth Announcement 14: 15:00:01 NZST on Friday 24th June 2011 until 14:59:59 NZST on Tuesday 28th June 2011.
8. After the relevant Nomination Period, an email will be sent to all those who submitted valid entries in the applicable Birth Announcement period, informing them to review the Huggies Website, which will indicate (by icons over the relevant entries), which 8 photo submissions (other than Web Only Introductions) received for that Birth Announcement period received the most “likes” (as calculated above). This will be sent by *12:00 NZDT/NZST of the Friday directly following the end of the applicable Nomination Period.
There will be no chance to withdraw any submissions from the Campaign, unless the Sponsor determines in its absolute discretion to do so. Each of the 8 most “liked” photos (other than Web Only Introductions) will be clearly featured in a television commercial of the Sponsor, in relation to its Huggies product. Other entries for that period may also be included in the television commercial, however Web Only Introductions will not be included, and Sponsor reserves the right not to include any ‘name only’ entries.
If the Sponsor withdraws a submission, the next most “liked” photograph (other than Web Only Introductions) will be included in the commercial. If there is a tie in number of “likes” for 8th place, there will be a random selection between those tied entries to make 8th place.
If there are insufficient “likes” submitted for a Birth Announcement period to enable a full 8 submissions to be calculated, photo submissions (other than Web Only Introductions) may be randomly selected by the Sponsor, and this may include photo Submissions (other than Web Only Introductions) from any previous Birth Announcement periods.
The Sponsor reserves the right to utilize any submissions, whether Name only or Photo Submissions (other than Web Only Introductions), from any of the Birth Announcement periods in the form of a name, Sentiment and/or photo in any of the Campaign television commercials, irrespective of the number of “likes” received.
There will be separate television commercials created for each Birth Announcement period, to be displayed on TV2. Sponsor will provide indicative details, with respect to each Birth Announcement period, on the Huggies Website as to the time of the airing of each television commercial on TV2. Any airing of a commercial is subject to TV2’s schedules .
9. Sponsor makes no undertaking that any commercials will be shown on television, including at any particular time, as this is ultimately the decision of the broadcaster. Each entrant understands and agrees to this, and understands that their submission (including any photograph) may or may not be used or publicised (including on the Huggies Website) by the Sponsor. The commercial may include the first and last name of the newborn as entered during the Submission Period, the photo submitted, the Sentiment, or any combination of these. All entrants acknowledge that Sponsor may remove any submission (or part thereof) from the Huggies Website, any television commercial or elsewhere at any time in its sole discretion (including if it later deems an entry inappropriate or is requested to remove).
10. By entering the Campaign (including by submitting a Newborn Submission), in relation to your Newborn Submission and any part thereof (Work), you :
- declare that the Work is your own original work and not copied in whole or in part from any other person living or dead;
- declare that to the best of your knowledge and belief the Work does not infringe the intellectual property rights of any third party. “intellectual property rights” means all copyright, trade secrets, confidential information, trademark, design, patent, trade name or other proprietary rights or any rights to registration of such rights.
- agree that the Sponsor and the Sponsor’s agents, licensees and assigns are entitled to use and reproduce the Work (and any part thereof) for any purpose whatsoever worldwide, including display in television commercials (other than Web Only Introductions) or online at the Huggies Website (indefinitely, and including for the nomination process) and uses which, in Sponsor’s opinion, are in connection with the promotion and sale of its products and services in any geographic region worldwide without restriction;
- waive any right to inspect or approve any use or reproduction by or on behalf of the Sponsor of any part of your Work, including any written copy or proofs that may be created in connection with the Work (including any photograph);
- consent to reproduction of your (and the subject baby’s) name, likeness, photographs, and Sentiments without limitation (including in any media);
- consent to Sponsor and the Sponsor’s agents, licensees and assigns using your Work for promoting our products and services without attributing to you the authorship of the Work, without you inspecting or approving the Work, and also to the extent that our use of the Work materially alters or distorts the Work (whether by changing, adding to or deleting/removing any part of the Work). You acknowledge that photo entries may be cropped or resized or zoomed in on in any reproduction, and submissions may be reformatted on the Huggies Website;
- You acknowledge that Sponsor may choose not to use or display your Work, and may not reproduce your Work on the Huggies Website or any other medium (including a television commercial).
11. The Sponsor’s decision is final, and no correspondence will be entered into, including in the event of a dispute.
12. The Sponsor reserves the right to validate and check the authenticity of submissions and photos, and to disqualify any entrant who tampers with the entry process, or who submits an entry that is not in accordance with these Terms and Conditions. Any entry made with stolen, forged, mutilated, unrecognised or tampered with photos is void.
13. The Sponsor and its associated agencies or companies accept no responsibility for any lost, late, stolen, damaged or misdirected submissions.
14. The Sponsor has no control over the internet or mobile telephone communications, networks or lines, bugs, viruses and server problems and accepts no responsibility for any problems associated with them, for any reason.
15. If for any reason this Campaign is not capable of running as planned, the Sponsor reserves the right in its discretion to modify the Terms and Conditions.
16. The Sponsor and its agents and Facebook will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with this Program, or any tax liability of an entrant, except for any liability which cannot be excluded by law. The Campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook.
17. If any act or omission, event or circumstance occurs which is beyond the reasonable control of the Sponsor and which prevents the Sponsor from complying with these Terms and Conditions, the Sponsor will not be liable for any failure to perform or delay in performing its obligation and the Sponsor reserves the right (subject to any applicable law) to cancel, terminate modify of suspend the Campaign.
19. The Sponsor is Kimberly-Clark New Zealand, a division of Kimberly-Clark Australia Pty Limited ACN 000 332 333, 86 Plunket Avenue, Manukau City, Manukau 2041, New Zealand (postal address: PO Box 97347, Manukau City, Manukau 2241, New Zealand).