UpSpring Baby "First Night Out" Photo Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.

By submitting an entry to UpSpringbaby.com for inclusion in our Company's online contests you unconditionally agree to the following Rules / Regulations / Terms and Conditions to the exclusion of all other terms and conditions;

Definitions: "The Company" shall mean UpSpring, Ltd., UpSpring Baby, Ltd, and/or UpSpringbaby.com, its successors, assigns, agents, representatives, and affiliated corporations, and their respective officers, directors, employees, contractors, and agents. "Contest" shall mean any and all contests, competitions, pageants, and other voting systems operated by the Company. "Images" shall mean any and all images, photographs, depictions, or likenesses whether in digital format or otherwise submitted to the Company for inclusion in the Contest. "Entrant" shall mean the actual person, spouse, friend, girlfriend submitted for inclusion in the Contest. "Contestant" shall mean the party or parties submitting the Image's of the Entrant. "Subject" shall mean the Entrant and the Contestant, for themselves, and their respective heirs and legal representatives jointly and severally.

The UpSpring Baby "Moms First Night Out" Contest begins March 1, 2009 and ends December 31, 2009. Entries must be received by 11:59 p.m., E.T., on the last day of each month. Entries become the property of UpSpring, Ltd, 8627 N Mopac Expwy #150 Austin, Texas 78795 ("The Company") and will not be acknowledged or returned.

ENTRY: Visit www.upspringbaby.com/index.php?main_page=photo_contest and submit one nonprofessional photo and story taken by you or at your direction.

Photos must be .jpeg image format and cannot exceed 3 MB. Also include a short caption of 200 words or less describing your feeling about your Moms First Night Out.

LIMIT: One entry per household per month. No group entries. Entrants can submit a new image, story and registration each month.

ELIGIBILITY: Contest is open to legal residents of the 50 United States, and the District of Columbia, 18 years or older. Employees of The Company, and any other organizations affiliated with the The Company, fulfillment, administration, prize support, advertisement or promotion and/or their respective agents, affiliates, subsidiaries, and members of their immediate families or persons residing at the same address are ineligible.

WINNER SELECTION: One (1) monthly winner will be selected on or about the third business day of each month. Monthly winners will have photo and story posted on MilkscreenMoms.com website. At the end of the contest, a drawing will be held to randomly select the One (1) grand prize winner on or about January 15th, 2010. The winner will be notified by phone and/or mail thirty days (30) after contest end. The Company reserves the right to request additional information from entrants. Decisions of judges are final and binding in all respects.

PRIZING: One (1) grand prize winner will receive a $500 VISA® gift card. Prizes are awarded "as is" with no warranty or guarantee express or implied. The Company disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winners. The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules and agree that if any winner fails to provide proof of identity, refuses to provide required affidavit, is found to have violated the Official Rules or otherwise does not meet eligibility criteria, prize will be forfeited and awarded to the entrant with the next highest score. Entrants understand that The Company is not liable for injuries, losses or damages of any kind arising from participation in this promotion and acceptance, possession and use of prize. The Company is not responsible for any typographical or other error in the printing of the offer, administration of the contest or in the announcement of the prize. Decisions of The Company are final and binding in all respects.

INTELLECTUAL PROPERTY RIGHTS: By entering the contest, entrants acknowledge that they own all intellectual property rights that relate to their entry and agree to assign their intellectual property rights to The Company and permit The Company to use their entry in any media for any purpose whatsoever. Entrants who do not agree to this use should not enter this contest.

The Contestant must have the legal right or permission to enter the Entrant in the Contest.
The Contestant(s) & Entrant(s) are at least eighteen years of age.
The Images submitted to the Company by the Contestant are free of any Copyright, intellectual property, trademark or patent violations and are the sole property of the Contestant. The Contestant indemnifies the Company for any breach of Copyright, intellectual property, trademark or patent caused or as a result of the Company using the Images. Images taken by professional photographers may be subject to Copyright restrictions and cannot be submitted if such is the case.
The Images may be used in any manner whatsoever by the Company in connection with the UpSpringbaby.com and/or milkscreen-moms.com world wide web site (s), advertising and promotions at the sole discretion of the Company. No claims whatsoever can be made against the Company for the use by the Company of the Images.
The Contestant hereby grants the rights to the Company to publish the Images, Captions and Stories in electronic form and to publish the first name and city of the Entrant.
No employee of the Company or any of the advertisers or sponsors of the Company, nor any of their family members are eligible to participate in the Contest.
The Company accepts no responsibility for server outages, network difficulties and other technical difficulties beyond the control of the Company, or the Company's Internet service providers.
The Contest, prizes and winning of such prizes are void where prohibited by law. The Contestant assumes the total responsibility of knowing if they are subject to any local, state or national laws. The Company accepts no responsibility for making these individual legal determinations.
Privacy Policy Any information provided to the Company through participation with the Contest is used by the Company and participating to communicate with the Contestant, either through e mail, post or other communication as needed. The contact and personal information of the Contestant is never sold, rented, nor otherwise given away or distributed without consent from the Contestant.
The Company reserves the right, exercisable in its sole discretion, to alter or replace the prize structure, add additional prizes, substitute prizes of equal value for prizes that become unavailable; or discontinue any individual prizes at any time without notice. Prizes are nontransferable. All federal, provincial, state and/or local taxes are the sole responsibility of the winner.
NOTE: Rules, Awards, Cash / Savings Bond (s), Prizes, and Availability, subject to change without notice. Our official certificate of placement suitable for framing, not all placement winners receive cash US savings bonds, or prizes.
Winners of the Contest will be notified by e mail within thirty (30) days of the close of the Contest voting and verification of the results. The Contestant will have twenty (20) days from notification to email in all the required information to the Company. The Company is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winning Contestants. The Contestant will be required to sign and return a release of liability, declaration of eligibility, and where lawful, a publicity consent agreement, all within (30) days of acknowledged notification. By accepting and/or using prize, the winning Contestant agrees to the use of their name, voice, and/or likeness and the name, voice, and/or likeness of the Entrant for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law. If a selected winning Contestant cannot be contacted, is ineligible, fails to claim a prize, or fails to timely return the completed and executed declaration and releases as required, prize (s) may be forfeited and an alternate winner selected. In the event of a dispute regarding who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the e mail account per time and date stamp contained within our database.
The Company, agents and representatives of, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and cannot be liable for late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible entries; or telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, or difficulties of any kind; or failed, incomplete, garbled, or delayed computer transmissions; or any condition caused by events beyond the control of the Company or that may cause the Contest to be disrupted or corrupted; or any injuries, losses, or damages of any kind arising in connection with or as a result of the prize (s), or acceptance, possession, or use of the prize (s), or from participation in the Contest; or any printing or typographical errors in any materials associated with the Contest.
Entry date (s) Any entry that is not received by the cutoff date will be entered into our next available contest date. Any entry received after 11:59 pm CST on December 31, 2009 will not be eligible for entry.
The Company reserves the right, at its sole discretion, to extend the contest date (s), move all entrants to next contest date (s) due to lack of entry's, or suspend or cancel the Contest at any time if a computer virus, bug, or other technical problem effects the administration, security, or proper play of the Contest. By participating in the Contest, the Contestant agrees to release and hold harmless the Company, and the employees, officers, directors, shareholders, agents, representatives of said their parent company, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize (s), including without limitation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy.
The Contestant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration in the State of Texas any and all claims, judgments and awards shall be limited to actual 'out of pocket' costs incurred, and in no event attorneys' fees; and under no circumstances will the Contestant be permitted to obtain awards for, and the Contestant hereby waives all rights to claim, punitive, incidental and consequential and any other damages, other than for actual out of pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Contestant and the Company in connection with UpSpringbaby.com milkscreen-moms.com and milkscreen.com world wide web site shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect of any choice of law or conflict of law rules or provisions, which would cause the application of laws of any jurisdiction other than the State of Texas. The Company reserves the exclusive right, exercisable at any time, without notice, to amend, add to, delete from, alter or otherwise change these Terms and Conditions. If any provision (s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision (s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
The Contestant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, and that the Contestant agrees to give UpSpring Baby Ltd, 120 days to investigate said dispute.
Company reserves the right to disqualify any contestant for any legitimate reason including, but not limited to excessive repeat voting, cheating, tampering, automated voting, misuse of the web site, etc. All votes will be counted and verified before any prizes are awarded. Company reserves the right to choose the winner based on the verified results and at Company's discretion.
Photography Release The Subject hereby assigns and conveys to the Company all of the Subject's right, title and interest, including but not limited to right of publicity and right of privacy in the Images of the Subject at any time. The Subject acknowledges and agrees that all the Images verbal assertions, representations, or endorsements, express or implied, and other likenesses or depictions of the Subject made or caused to be made by the Company and all materials used in connection therewith, shall be the absolute property of the Company and may be used by the Company at any time and from time to time in its sole discretion for any purpose, including but not limited to promotional, advertising and other purposes, through any medium, whether local, national, foreign, or international, including without limitation newspaper, magazine, television, Internet, point of purchase display, public relations, and product packaging, without further consideration to or approval of the Subject. The Subject hereby releases and forever discharges the Company, its successors and all persons acting under its permission or authority, from any and all claims, actions, liabilities, and causes of action in any manner arising or resulting from the Company's use of the Images or otherwise depicting the Subject or the Company's use of any of the Images of the Subject for any use including but not limited to promotional, advertising, or other purposes. The Subject hereby agrees to hold the Company harmless from any and all claims and actions by any persons not a party to these Terms and Conditions arising from the Company's use of the Images, photographs, videotapes, or other depictions or likenesses of the Subject.

By participating in any of Company's contests, Contestant agrees to the entire rules and regulations provided herein. Company reserves the right to change these rules at any time and agrees to notify Contestants of any such changes.

OTHER: Company assumes no responsibility for entries it is unable to process due to network, hardware or other technical failures; or any other reason, or incomplete, damaged, misdirected, or lost entries. The Company reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise in violation of the rules. The Company further reserves the right, in its sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer virus, technical corruption, non-authorized human intervention or force majeure. In the event of cancellation, The Company reserves the right to select winners from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the contest is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the holder of an established e-mail account associated with the entry. The Company reserves the right, in its sole discretion, to reject, disqualify, modify, edit, and revise any entries, subjects or related materials that are nude, obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, deceptive, or otherwise inconsistent with The Company's editorial standards, audience expectations, or reputational interests or that The Company believes may violate any applicable law or regulation or the rights of any third party. The Company reserves the right, in its sole discretion, to verify any element of any entry or related materials and to disqualify any entrant whose participation may subject the contest, The Company's advertisers, clients, or customers to controversy, negative publicity, scorn, or ridicule.