OFFICIAL "BAY AREA’S HAPPIEST BREASTFED BABY PHOTO CONTEST" RULES

SPONSOR
Sponsor is California Pacific Medical Center (“CPMC”) BabySteps, 1046 Kearny St., San Francisco, CA 94133 ("Sponsor").

TERMS
The Bay Area’s Happiest Breastfed Baby Photo Contest (the “Contest”) begins February 1, 2009 at midnight (12:00:00 a.m.) US Pacific Standard Time (PST) and ends March 31, 2009 at 11:59:59 p.m. Pacific Standard Time (PST). Information on how to enter the Contest and the prizes therein are found in these official rules ("Official Rules"). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill based contest and chance plays no part in the determination of winners.

WHO MAY ENTER

Resident in the San Francisco Bay Area, which for the purposes of these Official Rules shall be deemed to consist of San Francisco City and County, Marin County, Alameda County, Contra Costa, and San Mateo County;
18 years of age or older; and
The parent or legal guardian of a child who (a) is breastfeeding at the time of entering the Contest and (b) is the subject of the entrant’s photo submission. Employees of Sponsor, its subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, and whether or not related, are not eligible.

HOW TO ENTER

NO PURCHASE IS NECESSARY AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. To enter, visit www.cpmcbabysteps.org/enter/contest, complete an entry form with the required information, including your name, address, telephone number, e-mail address, and photo caption and submit along with your photograph in accordance with the instructions below.
Each entry must be accompanied by one (1) current nonprofessional photograph for each BREASTFED child taken by you, showing your child’s photogenic quality and appearance.
Photographs submitted for the Contest must be in digital format. The original, unmodified camera image must be submitted with the entry form. Only online entries will be eligible. No print or film submissions will be accepted for entry in the Contest. The submitted photograph need not have been taken with a digital camera; scans of negatives, transparencies or photographic prints are acceptable. All digital files must be 3 megabytes or smaller, must be in .jpeg, .bmp, .gif, or .tiff image formats, and must be at least 1,600 pixels wide (if a horizontal image) or 1,600 pixels tall (if a vertical image).
The child who is the subject of the Contest photo submission must be breastfeeding DURING the Contest entry period (February 1, 2009 through March 31, 2009). While the child MUST BE BREASTFED at the time of the contest entry period, any pictures submitted with the child breastfeeding in the picture will be disqualified.
The child must be the sole subject of the photograph submitted. All group photos will be disqualified.
Entrant must be the parent or legal guardian of the child depicted in the photo and photos must be taken by the entrant, must be unpublished and may not have won any prize or award.
The photograph submitted must, in its entirety, be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or other intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph.
The submitted photograph must not, in the sole and unfettered discretion of the Sponsor, contain indecent, obscene, provocative, defamatory, or otherwise objectionable or inappropriate content.
Limit of one entry per household, per eligible child. For entries of more than one child, the entry process must be separate for each child. No group entries. If an entrant exceeds these limits, Sponsor may at its absolute discretion either disqualify all the entrant’s entries or select at its absolute discretion entries to go forward for judging and reject the remainder.
Entries become the property of Sponsor and will not be acknowledged or returned.
All entries must be submitted and received by March 31, 2009 at 11:59 p.m. PST. Proof of submission is not proof of receipt by Sponsor.

RELEASES

Upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from entrant as parent of the subject child, authorizing Sponsor and its licensees, including Williams-Sonoma, Inc. and its affiliates ("Authorized Parties") to reproduce, distribute, display and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: posting on Sponsor’s or an Authorized Parties’ website; display in various CPMC and St. Luke’s facilities; display at a potential exhibition of winners; and publication in Sponsor, CPMC or an Authorized Parties’ publications or online highlighting entries or winners of the Contest. All releases must be in the form provided by Sponsor.
Similarly, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the copyright owner of any sculpture, artwork or other copyrighted material that appears in the photograph entry, authorizing any Authorized Party to reproduce, distribute, display and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to posting on Sponsor’s or an Authorized Parties’ website; display in various CPMC and St. Luke’s facilities; display at a potential exhibition of winners; and publication in Sponsor, CPMC or an Authorized Parties’ publications or online highlighting entries or winners of the Contest. All releases must be in the form provided by Sponsor.
For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor's request or notification, (a) in the event that Sponsor sends the request by postal mail, five (5) business days after the request was sent by Sponsor or (b) in the event that Sponsor sends the request by e-mail, on the day that the e-mail was sent by Sponsor.
Failure to provide the required releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.

JUDGING

Between April 1, 2009, and April 30, 2009, a panel of five (5) judges, selected at the sole discretion of Sponsor, will judge eligible entries on the basis of creativity, photographic quality, photogenic quality, and appearance. They will select one (1) grand prizewinner and five (5) finalists. In the event of a tie, the winning entry will be the entry among the tied entries with the higher/highest score in the criterion of photogenic quality and appearance.
Sponsor reserves the right to request additional information from entrants. Decisions of the judges are final and binding in all respects.
Winners will be announced between April 1, 2009 and April 30, 2009; provided, however, that Sponsor reserves the right to take more or less time to determine the winners, as it deems necessary in its sole discretion. All winners will be subject to approval by Sponsor pending confirmation of the winners’ compliance with these Official Rules.
Sponsor’s decisions are final on all matters relating to the Contest.

CONTEST PRIZES

The one (1) grand prizewinner’s winning photo, chosen by Sponsor, will appear inside the Fall 2 (September 2009) issue of Pottery Barn Kids catalog and on the Pottery Barn Kids website from August 27-September 23, 2009 (dates subject to change).
All six (6) prizewinners, including the grand prizewinner, will win five hundred dollars ($500). All six (6) winners will also have their photographs posted on Sponsor’s website, and displayed in various California Pacific Medical Center and St. Luke’s facilities.
Potential winners shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit, Declaration or Certificate of Eligibility, Liability Release, Publicity Release and Warranty of Ownership and License in which the entrant warrants that he/she is the owner of the photograph (and all the intellectual property rights in the photograph submitted) and grants to Sponsor and the Authorized Parties the irrevocable perpetual non-exclusive license to reproduce, distribute, display and create derivative works of the entry (along with a name credit) in connection with the Contest and promotion of the Contest without additional compensation. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner.
No prize transfer, assignment or substitution by winners permitted. If a prize (or part of a prize) is unavailable, Sponsor in its discretion reserves the right to substitute the original prize (or that part of the prize) with an alternative prize with equivalent monetary value and/or specification.
Prizes are awarded “as is” with no warranty or guarantee express or implied. Sponsor disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winners. NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, WILL RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.

LICENSE
By entering the Contest, all entrants grant an irrevocable perpetual non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: posting on Sponsor’s or an Authorized Parties’ website; display in various CPMC and St. Luke’s facilities; display at a potential exhibition of winners; and publication in Sponsor, CPMC or an Authorized Parties’ publications or online highlighting entries or winners of the Contest. Entrants consent to Sponsor’s and Authorized Parties’ doing or omitting to do any act that would otherwise infringe the entrant's “moral rights” in his or her entry. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with any such use.

LIMITATION OF LIABILITY

By entering this Contest, all entrants agree to release, discharge and hold harmless Sponsor, the Authorized Parties and their affiliates, subsidiaries, advertising agencies, agents and their respective employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
Entrants understand that Sponsor and Authorized Parties are not liable for injuries, losses or damages of any kind arising from participation in this Contest and acceptance, possession and use of any prize. Sponsor and Authorized Parties disclaim any and all liability for the actual provision, quality or nature of any third party product or service accepted by the winners.
Sponsor is not responsible for any typographical or other error in the printing of the Contest offer, administration of the Contest or in the announcement of any prize.
Decisions of Sponsor and the judges are final and binding in all respects.

CONDITIONS

Entries void if Sponsor determines any submitted photograph not to be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
Each Contest entrant represents and warrants to Sponsor and Authorized Parties that (a) he/she is over 18 years of age and a legal resident of the United States; (b) he/she is a resident of the San Francisco Bay Area, consisting of San Francisco City and County, Marin County, Alameda County, Contra Costa, and San Mateo County; (c) he/she is the parent or legal guardian of the child in the photograph submitted; (d) he/she has all of the rights and authority necessary to submit the photograph for entry in the Contest in compliance with these Official Rules, including the right to publish the photograph, and the right to grant the Releases described above; (e) publication of the photograph submitted will not infringe on the rights of any third party; (f) the photograph submitted has not been digitally, or otherwise, altered; and (h) he/she has read Sponsor’s Privacy Policy available at http://www.cpmc.org/privacy.html and agrees to its terms.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of Sponsor and the judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Sponsor and Authorized Parties may use the winning photographs and each winner's name, photograph, likeness and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval.
Federal, state and/or local taxes are the responsibility of each prize winner. The determination of liability for any federal, state and/or local taxes that may arise out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, should federal, state and/or local law impose any tax reporting or filing obligations on Sponsor arising out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), the entrant agrees to timely provide Sponsor with any information that is reasonably necessary for Sponsor to comply with any such reporting or filing obligations. In addition, should federal, state or local law impose any tax withholding obligation on Sponsor with respect to entrant's receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Sponsor as may be required for Sponsor to accomplish such withholding.
In the event that the selected winner(s) of any prize are/is ineligible, cannot be traced or do not respond within ten (10) days to a winner notification as required by the “Contest Prizes” rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.
The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.

RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, Trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs.

WINNERS LIST
Entrants are responsible for complying with these Official Rules. Winners' names will be available online at http://www.cpmcbabysteps.org after March 31, 2009. Alternatively, to receive a list of winners, send a self-addressed, stamped envelope to Sponsor, 1046 Kearny St., San Francisco, CA 94133.

DATA PRIVACY
Entrants agree that personal data, including but not limited to name and address, may be processed, shared and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the entrant's identity, postal address and telephone number or otherwise to verify the entrant's eligibility to participate in the Contest. Participants have the right to access, review, rectify or cancel any personal data held by Sponsor by writing to Sponsor at 1046 Kearny St., San Francisco, CA 94133.

RELEASE OF LIABILITY:
Entrant, for him/herself, and on behalf of the Child, agrees that Sponsor, the Authorized Parties and their parents, subsidiaries and affiliates, and each of their respective members, employees, officers, directors, shareholders, agents, representatives, their respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Contest or acceptance or use of the Prizes awarded including, without limitation, any claims based on publicity rights, defamation or invasion of privacy. If, for any reason, the Contest or any portion thereof is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any part of the Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor.

INDEMNIFICATION:
Entrant, for him/herself, and on behalf of the Child, agrees to release, indemnify and hold Sponsor, the Authorized Parties and their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) entrant’s use of the Contest and/or Sponsor website; (b) entrant’s breach of any of these Official Rules; and/or (c) entrant’s violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Sponsor, the Authorized Parties, and their parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against entrant on its own behalf.

GOVERNING LAW:
These Official Rules shall be interpreted and enforced in accordance with the laws of the State of California, without regard to conflicts of law principles. Any and all actions, proceedings and disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the Courts of the State of California, County of California. Each party consents to the exclusive jurisdiction of the Courts of the State of California, and if federal court is applicable, the federal district court for the Northern District of California.

LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Contest or Sponsor website, or otherwise to interfere with the operation of the Contest, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

By registering for the Contest, entrants agree (a) to accept e-mail and direct mail marketing messages from Sponsor and California Pacific Medical Center Beyond Medicine, and (b) that such act constitutes an inquiry and/or application for purposes of applicable federal and state telemarketing laws, and therefore, we have the right to contact you by telephone or email for marketing purposes. See “Data Privacy” above for detailed information concerning Sponsor’ Privacy Policy.

FREQUENTLY ASKED QUESTIONS

1. How many winners are there in this contest?
The total number of winners is 6.

2. Who can enter?
Any family that lives in San Francisco City and County, Marin County, Alameda County, San Mateo County is welcome to enter their child in the contest. The child in the photograph must have been breastfed for all or part of 2/1/09 – 3/31/09.

3. Can I enter over the Internet?
Yes! Please see the Official Rules online at http://www.cpmcbabysteps.org.

4. Can I submit professionally taken photos, or headshots from agencies?
No. In addition, you must own the copyrights to any photos you submit.

5. Are there any limitations on the age of the child in the picture?
No, but the child must be breastfed during the contest entry period (between February 1, 2009 and March 31, 2009).

6. What is the selection process like?
A panel of 5 women (with no vested interest in who wins) carefully views every photo with no prejudice in regard to sex, race, or age. Once all the photos are in, each judge gets to choose as many photos as she wants. Then a selection process will take place over a period of several days. All judges will come together through this process to reach a group decision on the final winners. The judges are committed to being impartial and to choosing winners of a wide variety. Winners will be notified between April 1, 2009 and April 30, 2009. All Judges’ decisions are final.

7. Will I get my photographs back?
No. As a standard practice, your photographs will not be returned.

8. Can I submit photos of breastfeeding twins or tandem nursing in a single photo?
No. Even though the child must be breastfeeding during the contest entry period, the child cannot be breastfeeding in the photograph itself. Any photograph that includes a child breastfeeding will be disqualified.

9. How would I know if my child has won immediately after judging?
When the judges complete their judging, winners will be notified via email. Winners will be posted on www.cpmcbabysteps.org by April 30, 2009.

10. Any tips to give me a better chance to win the prize?
Yes, we will be delighted to help you! A good quality photo will aid the judges in making a better judgment. Please ensure that the photo is clear and not blurry or grainy. Lighting will make a big difference. Photos that are too light or washed out or too dark and shadowy may lack definition and contrast. No group photos are allowed, so make sure your child is the only subject captured.