Rules

The Kids Being Kids Photo Contest Official Rules

NO PURCHASE NECESSARY. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING.

1. Eligibility: The Kids Being Kids Photo Contest (the "Promotion") is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and located in the U.S. at the time of entry. Void elsewhere and where prohibited by law. Employees, contractors, directors and officers of Shutterfly and The Land of Nod ("Sponsor"), Betawave ("Judging Agency") and their respective parent, subsidiary and affiliated companies, distributors and licensees, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Promotion (collectively, "Promotion Parties"), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible to enter or win.

2. Entry Period: The Promotion begins at 12:00 a.m. Eastern Standard Time ("EST") on 7/8/09 and ends at 11:59 p.m. EST on 12/31/09 (the "Entry Period").

3. How to Enter the Contest and Sweepstakes:

Online Entry. During the Promotion Period, go to www.thelandofnodshutterfly.com ("Website"), log in to your account, or create an account (Shutterfly's Terms located at http://www.shutterfly.com/help/terms.jsp and Shutterfly's Privacy Policy located at http://www.shutterfly.com/help/privacy.jsp apply to each account) and Upload a photo to the gallery and receive one (1) entry per photo. Your photo must be consistent with the theme of this Promotion, which is defined as, "Kids being kids."

Follow the on-screen directions, complete all required registration fields and submit to enter ("Online Entry"). Online entries must include an original photo. See Rule 4 for additional details. Entries containing duplicate photos or entries by automatic, programmed or like methods will be disqualified.

4. Photographs: Photos must be the entrant's original photograph, dignified and in good taste; must not be obscene or indecent, including but not limited to pornography or profanity, nor contain any offensive or defamatory statements including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, nor portray Sponsor or Sponsor's products in any way that might tend to subject it to public contempt, scandal, disrepute or ridicule. Entrant expressly agrees not to submit any photos that are unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that are harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication. Sponsor shall have no obligation to monitor any of the content provided by entrant, but may do so at its discretion. If the photo includes a picture of a minor under the age of 18, only the parent or guardian of the minor in the photo may submit the image. Sponsor will not return any images submitted on or through the Web site. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any Entry it determines to be inappropriate for any of the reasons listed above, or for any other reason. In consideration of entrant's submission being included in this Sweepstakes, each entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, universal license in perpetuity to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such submission, or any portion thereof, including any derivative works, in any media now known or hereafter devised without any further right of approval or compensation. Each entrant releases the Promotion Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith and entrant warrants that he/she has permission from all persons appearing in, and all necessary rights in and to the photograph for the Sponsor to use the photograph as described above, without compensation.

5. Judging: Entries will be judged as provided below. Judging will be conducted by a panel of experts under the supervision of Judging Agency, an independent judging organization whose decisions are final in all matters relating to the Promotion.

Every two months during the Contest, applicable prizes will be awarded. The 3 bi-monthly judgings shall be conducted among all eligible Online Entries received during the applicable entry period by the Judging Agency for the applicable bi-monthly entry periods as follows: Period 1:July 8-August 31, Period 2: September 1- November 4, Period 3: November 5- December 31, 2009. Contest Entries from the previous period will not roll-over into subsequent periods.

On or about a week after each contest period ends, entries will be judged under the supervision of Judging Agency. Qualifying entries will be individually judged based on originality and creativity (50%), appropriateness to the theme of the Promotion (50%).The theme is defined in Rule 3. Potential winners will be notified by email, mail or telephone on or about two weeks after each contest period ends. In the event of a tie during any round of judging, the tied entries will be re-judged on the basis of originality and creativity.

6. Prizes and Approximate Retail Values ("ARV"):



The total approximate value of Contest Prizes is $2,589.80.

Prizes will be delivered once all winners have been verified. LIMIT ONE PRIZE PER PERSON/EMAIL ADDRESS. If any prize is unclaimed, if any prize correspondence or prize is returned as undeliverable, or if a winner is found ineligible or not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected, at Sponsor's option. If prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winners.

7. Conditions: All potential winners will each be notified by telephone, regular mail or overnight mail, and potential winners (or potential winners' parent or legal guardian if potential winner is a minor) may be required to complete, sign and return an affidavit of eligibility, a liability release, and where lawful, a publicity release within a stated amount of time. If affidavits/releases are not received by the date stated on the notification, or if any notification is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, or does not return such other releases as deemed necessary by Sponsor, the potential winner will be disqualified and at Sponsor's discretion, an alternative potential winner may be selected. Entries by automatic, programmed or like methods will be disqualified. Improper, incomplete, mutilated and illegible entries will be disqualified. Prizes will be awarded only to an address within the United States. This Promotion is subject to all federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of the Judging Agency. If, in Judging Agency's sole opinion, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Judging Agency reserves the right to modify or terminate the Contest in a manner deemed reasonable by the Judging Agency, at the Judging Agency's sole discretion. Sponsor reserves the right to disqualify any individual who tampers with the entry process or the www.thelandofnodshutterfly.com website or acts in a disruptive manner. This Promotion is offered only in the United States and is governed by the laws of the state of Illinois. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Cook County, Illinois.

8. Release: Except where prohibited, by accepting prize, winner (and winner's parent or legal guardian if winner is a minor) grants permission for Sponsor and its agents to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.

9. Winners' List Requests: For names of prize winners, mail a self-addressed, stamped #10 envelope to be received by 1/29/2010 to: Winners' List Request, Kids Being Kids Photo Contest, PO Box 5442 Culver City, CA 90231-5442.

10. Sponsor: The Promotion is sponsored by The Land of Nod, Northbrook, IL 60062.