Breastfeeding Moms Unite!
The Book Project
Rules, Terms and Conditions
Definitions;
“Submission” – a breastfeeding photo, or text (1000 words or less) depicting a breastfeeding experience, or text accompanying a submitted photo.
“The Book Project” – the working title for a book with words and pictures depicting breastfeeding experiences.
1. The Breastfeeding Moms Unite! Book Project is sponsored by the owners of the website Breastfeeding Moms Unite! at www.breastfeedingmomsunite.com and is managed by the owners of Breastfeeding Moms Unite!. You may contact Breastfeeding Moms Unite! by email at
bfingmomsunite@gmail.com
2. Rules. The act of submission for the Book Project at Breastfeeding Moms Unite! is governed by these rules, terms and conditions (the “Official Rules”). By submitting your submission(s), you agree to these Official Rules and the decisions of the owners of Breastfeeding Moms Unite!, which are final and binding. In the event that the operation, security, or administration of the Book Project is impaired in any way for any reason, including, but not limited to virus, fraud, or other technical problem, Breastfeeding Moms Unite! may, at their sole discretion, either: (a) suspend the Book Project to address the impairment and then resume the Book Project in a manner that best conforms to the spirit of these Official Rules; or (b) choose photographs and/or text for the Book Project from the eligible submissions received up to the time of the impairment.
3. Submission period. Breastfeeding photographs and text may be submitted for the Book Project from January 28, 2009 at 9:00 a.m. Pacific Time (PT) and ends on December 31, 2009 at 11:59 p.m. PT (the Submission Period). Breastfeeding Moms Unite! reserve the right to extend the Submission Period.
4. Participation: Eligibility. To participate in the Book Project, you must be at least 21 years of age at the time of entry and follow the instructions to register as a participant and complete and submit a digital photograph and/or text pursuant to the instructions.
Up to five (5) Submissions per person. Participants submitting more than five (5) entries or violating any of these Official Rules may be disqualified from the process of Breastfeeding Moms Unite! choosing photographs and/or text for the Book Project.
5. Submitted Photographs. By submitting a photograph you expressly agree not to submit an image or content (“Submission”) that is unlawful, libelous, slanderous, defamatory or invasive of another person’s right to privacy or right of publicity, or that the owners of Breastfeeding Moms Unite! may reasonably deem harmful, derogatory, vulgar, abusive, hateful, harassing, threatening, obscene, pornographic, objectionable with respect to religion, race, creed, gender, or otherwise unfit for publication.
Any Photo Submission that, at the sole discretion of the owners of Breastfeeding Moms Unite! is considered inappropriate or unsuitable for publication will be deemed as ineligible for consideration.
Except where prohibited, by submitting a photograph, you consent to the use of your name and the minor’s name, photo and/or likeness, biographical information, Submission and statements attributed to you and the minor, without compensation.
5.1 Minor consent. You hereby grant the following irrevocable, perpetual and unrestricted rights and permissions to the owners of Breastfeeding Moms Unite!, their legal representatives and assigns, and those acting with their authority and permission to use, re-use, adapt, edit, alter, publish, promote, reproduce, distribute, publicly display, and republish the submission of the minor or in which the minor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the minor’s own or a fictitious name, or reproductions of such photographs in color or otherwise in any and all media now or hereafter known as the owners see fit for any purpose whatsoever. You also consent to the use of any published matter in conjunction with such photographs. You specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. You waive any right that you or the minor may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the use to which it may be applied.
5.2 Adult consent. You hereby grant the following irrevocable, perpetual and unrestricted rights and permissions to the owners of Breastfeeding Moms Unite!, their legal representatives and assigns, and those acting with their authority and permission to use, re-use, adapt, edit, alter, publish, promote, reproduce, distribute, publicly display, and republish your Submission and make derivative works based on your Submission in any and all media now or hereafter, known as the owners see fit for any purpose, and to identify the photographer as the author of the Submission. You specifically consent to the digital compositing or distortion of the portraits or pictures, to color, size, shape, perspective, context, foreground or background. You also consent to the use of any published matter in conjunction with such photographs. You hereby waive any right that you may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied.
You represent and warrant to the owners of Breastfeeding Moms Unite! that a) you are the sole and exclusive owner of your Submission, that b) you are at least 21 years of age at the time of submission and that c) you have obtained any and all releases necessary from all persons depicted in the Submissions, including, without limitation, releases in the context of rights of privacy and rights of publicity, and d) in the event that a person depicted in the Submission is under eighteen (18) years of age, you are the parent or legal guardian of such person, and that you have every right to contract for the minor, or if you are not the parent or legal guardian, you have obtained all appropriate permissions and releases from the parent or legal guardian of the person in question, to submit the Submission for the Book Project. And finally, e) you agree that all Submissions to Breastfeeding Moms Unite! are owned by Breastfeeding Moms Unite! and that they may copyright material containing same. You will not authorize the use of your submission, to anyone else.
6. Submitted Text. By submitting text (1000 words or less) you expressly agree not to submit content (“Submission”) that is unlawful, libelous, slanderous, defamatory or invasive of another person’s right to privacy or right of publicity, or that the owners of Breastfeeding Moms Unite! may reasonably deem harmful, derogatory, vulgar, abusive, hateful, harassing, threatening, obscene, pornographic, objectionable with respect to religion, race, creed, gender, or otherwise unfit for publication.
Any text Submission that, at the sole discretion of the owners of Breastfeeding Moms Unite! is considered inappropriate or unsuitable for publication will be deemed as ineligible.
Except where prohibited, by submitting text, you consent to the use of your name as the author, biographical information, Submission and statements attributed to you, without compensation.
You represent and warrant to the owners of Breastfeeding Moms Unite! that you are the sole and exclusive photographer/author and owner of your Submission, and you agree that all Submissions to Breastfeeding Moms Unite! become the legal property of Breastfeeding Moms Unite! (Submissions will be owned by them) and that they may copyright material containing same. You will not authorize the use of your Submission, to anyone else.
7. Your Information. The information you submit during the registration process will include your name and email address and will only be used by the owners of Breastfeeding Moms Unite! in accordance with applicable data protection regulations, for the purposes of administrating your Submission to the Book Project.
8. Submission Selection. Photographic submissions and text submissions will be selected by a qualified panel of judges consisting of the owners of Breastfeeding Moms Unite! and their representatives. Submissions will be chosen based on the following criteria: a) consistency with the theme of the Book Project, b) quality of the photo image of the Photo Submission, c) image composition and the use of creative techniques in the Photo Submission, and d) the absence of copyright or trademark infringements. The decision of the judges will be final.
9. Chosen Submissions for Use in the Book Project. The submitters of the chosen submissions for the Book Project will be notified at the end of the Submission Period via the email address provided by the participant during the registration process. If a participant changes his/her email address after submitting their photo(s), it is his/her sole responsibility to update his/her email account with Breastfeeding Moms Unite! by the end of the Submission Period. The submitters of the chosen submissions will be required to sign a Release Form, which must be properly executed and returned within ten (10) business days after notification and issuance of the Release Form.
If the author of a chosen Submission cannot be contacted, is ineligible, and/or a Release Form is not timely received, is incomplete or modified, an alternate Submission maybe selected from remaining Submissions. In the event of a dispute regarding who submitted a Submission, a Submission will be deemed submitted by the authorized account holder of the email account specified in the Submission. The “authorized account holder” shall be the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., educational institution, business, etc) that is responsible for assigning email addresses to the domain associated with the submitted email address.
10. Limitation of Liability. By participating in submitting a Submission to the Book Project, you agree to abide by the terms of the Official Rules and waive any right to claim ambiguity in the Official Rules, and you release, indemnify, and hold the owners of Breastfeeding Moms Unite!, their respective affiliates, book publishing company, and all of their respective agents, representatives, officers, directors, shareholders and employees harmless from and against any and all injuries, losses, damages, claims, demands, causes of action, costs, expenses (including but not limited to attorney fees) and/or any liabilities of any kind arising from or in connection with a) participation in the Book Project or b) the Submissions, including without limitation the infringement of third party intellectual property rights by Submissions.
11. Non-binding Mediation and Arbitration.
11.1 Disputes to be decided by arbitration. The Parties agree that any dispute, claim or controversy arising out of the construction, interpretation or application of this Agreement and its provisions shall be decided by mandatory arbitration conducted under the Rules of the Canadian Arbitration Association. The arbitration shall be conducted in Victoria, British Columbia.
11.2 Non-binding mediation as condition precedent to arbitration. No Party may initiate arbitration under this paragraph without first submitting the dispute to non-binding mediation by a neutral, third-party mediator.
11.3 Costs and expenses. The Party seeking arbitration shall bear the costs of initiating arbitration, including all filing fees. The Parties shall share equally the arbitrator’s fees. Each Party shall bear all other costs and expenses incurred by that Party in conducting the arbitration. In no event shall a Party be liable for the other’s attorney fees and other legal expenses connected with the arbitration except upon an express finding by the arbitrator that the Party initiated, conducted, or continued the arbitration in bad faith. The prevailing Party may enforce and collect any award made pursuant to this paragraph in any court of competent jurisdiction.
12. Miscellaneous Provisions
12.1 Construction. This Agreement shall be construed as if both Parties participated equally in its negotiations and drafting. This Agreement shall not be construed against one Party over another Party.
12.2 Severability. If for any reason any provision of this Agreement will be determined to be invalid or unenforceable, the validity and effect of the other provisions will not be affected. Invalid or unenforceable provisions shall be deemed modified as necessary for their validity, if such modification is possible.
12.3 Entire Agreement. This Agreement represents the entire understanding of the Parties and there are no other outstanding agreements or provisions except as set forth herein.
12.4 Notices. Any notice from either Party to the other shall be deemed received on (1) the date such notice is personally delivered to the other Party; (2) if notice is sent by fax transmission, then the next business day after it has been transmitted; if notice is sent by mail, then the seventh business day after it has been deposited at a Canada Post Office.
12.5 Choice of Law. This Agreement and the rules, terms and conditions of the Book Project shall be construed, interpreted and enforced pursuant to the Province of British Columbia, and venue and jurisdiction will lie within British Columbia, subject to the arbitration provisions set forth herein.
12.6 Waiver. No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of such term, provision or condition or of any other term, provision or condition of this Agreement.
12.7 No Oral Modifications. This Agreement may not be modified, amended, or discharged except as expressly stated in this Agreement or by a written agreement signed by an authorized representative of each Party.
13. Additional Miscellaneous.
13.1 Cheating. You acknowledge and agree that no form of cheating will be tolerated. Cheating includes, but is not limited to, tampering, hacking of the Breastfeeding Moms Unite! website, participating in Submissions without meeting the guidelines as laid out in the Official Rules for photo or text Submissions, attempts to disable or overwhelm the Breastfeeding Moms Unite! website, attempts to disrupt any portion of the Submission process, including but not limited to allowing someone else to use your personal information, or tampering with the submission process. Any attempt by a person to deliberately damage the Breastfeeding Moms Unite! website or undermine the legitimate operation of the call for Submissions for the Book Project may be a violation of criminal and civil laws and should such an attempt be made, owners reserve the right to seek damages from any such person to the fullest extent of the law.
13.2 Errors. Owners of Breastfeeding Moms Unite! are not responsible for printing or typographical errors in any Book Project related materials; or for Submissions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other error; including inability to access any website associated with this Book Project.
13.3 All issues and questions concerning validity, construction, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and owners in connection with the Book Project, shall be governed by, and construed in accordance with, the laws of British Columbia, Canada, without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that Province in the city of Victoria, British Columbia.
14. Additional Terms and Conditions. a) Participants agree that any and all disputes pertaining to the Book Project shall be governed by the laws of the Province of British Columbia; b) the owners of Breastfeeding Moms Unite! reserve the right to modify or terminate the Book Project in its entirety at any time and at its sole discretion; c) should the Book Project be terminated/modified prior to the stated end date, notice will be e-mailed to the participating participants; d) use of automated entry devices, or entry services or programs is prohibited.
15. Entrants agree to be bound by these Official Rules and by the decisions of the owners, which are final and binding in all respects. The owners reserve the right to change these rules or cancel the Book Project at any time, at their sole discretion.
16. You have read the above authorization, release, and agreement, prior to its execution, and you are fully familiar with the contents of this document. This document shall be binding upon you the minor and your respective heirs, legal representatives, and assigns.
