Gymboree Smile baby smile contest (the "Contest")

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED.

SPONSOR:  The sponsor of the Contest is Gymboree Group, Inc. ("Sponsor"), 71 Stevenson Street, Suite 2200, San Francisco, CA 94105. 

CONTEST DESCRIPTION:  The Contest begins at 12:00:00 a.m. Pacific Time on September 13, 2018 and ends at 11:59:59 p.m. Pacific Time on September 30, 2018 (the "Contest Period").  The Contest involves entrants submitting photos using the hashtag #SmileBabySmileContest on Instagram.  The first voting period begins on October 2, 2018 at 12:00:00 a.m. Pacific Time and ends on October 8, 2018 at 11:59:59 p.m. Pacific Time (the “First Voting Period”).  For the First Voting Period, there will be one (1) grand prize winner selected by the public who will win clothing from Sponsor for ten (10) years, as well a modeling opportunity with Sponsor.  Nine (9) semi-finalists from the First Voting Period will each receive a $500 shopping spree with Sponsor. The second voting period (“Second Voting Period”) begins on October 10, 2018 at 12:00:00 a.m. Pacific Time and ends on October 17, 2018 at 11:59:59 p.m. Pacific Time (the “Voting Period”).  For the Second Voting Period, there will be one (1) grand prize winner selected by the public who will win clothing from Sponsor for ten (10) years, as well a modeling opportunity with Sponsor.  Nine (9) semi-finalists from the Second Voting Period will each receive a $500 shopping spree with Sponsor. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor which shall be final and binding in all respects.  Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes.

ELIGIBILITY:  The Contest is open only to legal residents of the 50 United States of America, the District of Columbia and Canada who are 18 years of age or older as of the time of entry.  Officers, directors, and employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Contest or win a prize.

HOW TO ENTER:  There are two ways to enter the Contest:

Via Instagram: Entrants will need an Instagram account (“Instagram Account”).  Once an Instagram Account is set up, it must be set to “public.”  To enter, during the Contest Period, entrants must use Instagram to post a photograph of their child from birth to age three (3) where the child is smiling (each a “Submission”).  The Submission must be tagged using the hashtag #SmileBabySmileContest.  The entrant can also include #store____ (including the store number).  By using the hashtag in connection with your Instagram post, you are acknowledging and agreeing that Sponsor has the right to stream your post through the Instagram API or otherwise use your post as set forth in these Official Rules.

Via the Website: Entrants can also enter during the Contest Period by visiting https://www.gymboree.com/smilebabysmile, filling out the entry form, and submitting a photograph of their child from birth to age three (3) where the child is smiling (each a “Submission”).

Sponsor, in its sole discretion, may accept a technically incorrect hashtag.  Sponsor may disqualify a Submission if the Submission and related tag includes inappropriate, offensive, or other derogatory language or information.  Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any entry which, in Sponsor’s opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of Instagram, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Contest.

NOTE: Sponsor may not receive entries from Instagram users with “protected” or “private” updates (i.e., user has set the Instagram Account so that only people the user has approved can view updates).  Entries not received by Sponsor will not be entered into the Contest.  Multiple entrants are not permitted to share the same Instagram account.  Attempts made by an individual to submit entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified.  Submissions that are generated by a macro, bot, or other automated means will not be accepted and will be void.  Submissions made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial contest subscription notification or entering services, will be declared invalid and disqualified for this Contest. 

In the event a dispute regarding the identity who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission will be declared invalid and disqualified.  The Contest Entities shall not be responsible for incorrect or inaccurate submission information whether caused by human or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the submissions in the Contest.  The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction or unauthorized access to or alteration of submissions. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations and rules.  Such third parties may use entrant’s information for their own independent purposes in accordance with their own independent privacy practices.  Sponsor is the official timekeeper for the Contest.  Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Contest in accordance with its online privacy policy available at www.gymboree.com.  Entrants are providing their information to Sponsor and not to Instagram.

NOTE ABOUT INSTAGRAM:

Contest Entities are not responsible for any changes or unavailability of the Instagram service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor's ability to use Instagram for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Instagram. It is a potential winner's responsibility to set his/her Instagram Account to accept contact by Sponsor and to timely check such account for any Sponsor direct messages.

REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: 

Each entrant into the Contest represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) only the entrant’s child or legal ward appears in the Submission; (iii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

ENTRANT'S GRANT OF RIGHTS: 

For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, distribute, exploit and otherwise use the Submission throughout the world, in perpetuity, on social media platforms, Sponsor’s website, and in Sponsor’s advertising, without further notice to, consent by, or payment to entrant.  Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, make derivative works of or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.  Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.  Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to comply with these Official Rules.

WINNER SELECTION:

All entries will be judged by a panel of judges ("Judges") selected by Sponsor in its sole discretion. Entries shall be judged by the Judges based on the following criteria according to the percentage weights indicated: (a) expressiveness of the child: 25%; (b) composition of the submission: 25%; (c) creativity: 25%; and (d) originality: 25%. The ten (10) entries received during the Contest Period that receive the highest total scores from the Judges for the judging criteria will be finalists for the first grand prize and such finalists shall be announced on or around October 2, 2018. The ten (10) entries received during the Contest Period that receive the next ten highest total scores from the Judges for the judging criteria will be finalists for the second grand prize and such finalists shall be announced on or around October 10, 2018. All Judges' decisions with respect to selection of the finalists are final and binding in all matters relating to this Contest. All finalists’ entries will be posted during the respective voting period on the Website for voting by the public. The entry that receives the most votes during the respective voting period will be the grand prize winner.  In the event of a tie, the tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order to break the tie.

All results of the selections are final and binding, subject to these Official Rules.  In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.  No more than the advertised number of prizes will be awarded.

NOTICE TO WINNERSSponsor reserves the right to contact potential winners for verification purposes and administration of the Contest. The potential winners of the First Voting Period will be notified via Instagram or some other method of communication around October 10, 2018.  The potential winners of the Second Voting Period will be notified via Instagram or some other method of communication around October 19, 2018.  

Time is of the essence in awarding the prizes.  If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit any prize and an alternate winner may be selected based on the original method of winner selection in Sponsor's sole discretion. Sponsor may only look to two (2) alternate winners, at which point the prize may be deemed unclaimed and Sponsor will have no further obligation with respect to the prize. If legitimately claimed in compliance with these Official Rules, the prize will be awarded. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant.

FURTHER DOCUMENTATION:  Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, required tax documents and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents").  If any potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.  As part of the Prize Claim Documents, a potential winner may also be required to execute a further right of publicity release to use the winner’s name and/or image, including, but not limited to, for advertising and promotional purposes, without further compensation.

PRIZES:  Two (2) grand prize winners will receive clothing from Sponsor for ten (10) years in the form of ten (10) $1,020 gift cards (approximate retail value (“ARV”): $10,200) and a modeling opportunity with Sponsor.  Sponsor shall pay for roundtrip airfare and two nights’ accommodation in a double occupancy room at a hotel determined by Sponsor in its sole discretion for grand prize winner and his/her child (ARV: $2,300). The location and timing of the modeling session will be chosen by Sponsor in its sole discretion. The remaining eighteen (18) finalists will each receive a $500 gift card from Sponsor (ARV $500 per prize). Total ARV: $29,400.

The grand prize winner’s travel companion must be the child in entrant’s Submission.  The grand prize winner and his or her travel companion must travel together on the same itinerary and must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card.  All aspects of the travel portions of the prize must be conducted on such dates as determined by Sponsor in its sole discretion.  The dates of departure and return are subject to change at Sponsor’s sole discretion.  Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee.  Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles.  All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes.  Sponsor reserves the right to structure travel routes and select hotels in its sole discretion.  The round trip air transportation element for any travel prize begins and ends at the point of departure.  Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest.  A deposit or payment in advance, or presentation of a credit card by the winner, may be required at the time of check-in at the hotel.  Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the grand prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel.  The prize restrictions/conditions stated herein are not all-inclusive and the prize described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (as defined below) and/or other travel documents.  If the GRAND winner is unable to participate in the trip on the dates AND AT THE LOCATION selected by Sponsor, the MODELING OPPORTUNITY PORTION OF THE Grand Prize MAY be forfeited in its entirety.  In the event the grand prize winner and/or his or her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the grand prize winner and/or his or her travel companion home with no further compensation.

GENERAL PRIZE CONDITIONS:  Gift cards are subject to the terms and conditions printed thereon and imposed by issuer.  Date of styling to be determined by Sponsor in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Prizes will be awarded only if the potential prize winner fully complies with these Official Rules.  All portions of the prize(s) are non-assignable and non-transferable.  Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only.  All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.  Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.  

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  Entering the Contest constitutes entrant’s permission for the Contest Entities to use entrant’s name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Entrants agree that the Contest Entities and Instagram and each of their respective parent and affiliate company’s (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature, including, without limitation, simulator errors, failures or malfunctions; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, to be acting in an unsportsmanlike or disruptive manner or with the intent to disrupt or undermine the legitimate operation of the Contest or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Contest and any portion of the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein.  In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Contest.  If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner(s) from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Only the type and quantity of prizes described in these Official Rules will be awarded.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules 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.

GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.  For the purposes of any disputes hereunder, by entering this Contest, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Contest shall be resolved individually, without resort to any form of class action and consents to the exclusive jurisdiction and venue of the appropriate state or federal court situated in San Francisco County, California.

ARBITRATION PROVISION:  By participating in this Contest, entrant agrees that any and all disputes entrant may have with, or claims entrant may have against the Contest Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.

If entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies.  Entrant and Sponsor also have the right to bring qualifying claims in small claims court.  In addition, entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules. 

Neither entrant nor Sponsor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only Entrant and/or Sponsor’s individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.   If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect.  This Section of these Official Rules will survive the termination of your relationship with Sponsor.

WINNER’S LIST/OFFICIAL RULES:  To obtain any legally-required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to:  Gymboree Group, Inc., 71 Stevenson Street, Suite 2200, San Francisco, CA 94105.  Please specify "winners list" or "Official Rules" and the name of the Contest in your request.  Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests.

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM.