Cussons Baby Moments Ghana

PZ CUSSONS GHANA LIMITED

CUSSONS BABY MOMENTS CONTEST 2019

TERMS AND CONDITIONS

 Baby of the Year Competition

 PZ CUSSONS Ghana Limited herein after referred to as the company with whose registered office is at Plot 27/3 – 27/7, Sanyo Road Tema, Heavy Industrial Area promotes the Cussons Baby Moments Contest.

 The Cussons Baby Moments Contest (the “Contest”) is intended to be conducted in Ghana only and shall be construed and evaluated according to applicable Ghana laws. Purchase is necessary. Participants must be of the age of majority in the province of Ghana or older at the time of entry. Void in whole or part where prohibited by law. Entry in this contest constitutes acceptance of these contest rules (the “contest rules”).

1. ELIGIBILITY. 

  1. To be eligible for this Contest, an individual must: be a legal resident of Ghana and the age of maturity in Ghana – 18 years and above; and must be a parent, related guardian or sibling to the competing baby.

  2. All competing babies must be between the ages of 0 and 24months

  3. Babies who have been in the Top 100 in any previous editions of Cussons Baby Moments are NOT eligible to compete.

  4. A valid Birth Certificate for the Child will be requested for, anytime during the competition or the Grand Finale.

  5. Consent Letter from Parent(s) to allow the child who emerges the winner to participate in the winnings of the Contest.

  6. The individual will be the sole owner of all rights, title and interest submitted in connection with the Contest.

  7. By entering the Competition, the Entrants hereby warrant that all information submitted is true, current and complete and they have full rights to the images and details / data that is uploaded and that the use of the said material shall not constitute a breach of any third party’s copyright or other intellectual property rights.

  8. Employees of the Company, associated company, (collectively, the “Sponsors”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.

  9. The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

 2. CONTEST PERIOD.

  1. The Contest begins at 6:00 a.m. Greenwich Meridian Time (“GMT”) on July 13th, 2019 and ends at Midnight Greenwich Meridian Time (“GMT”) on Sunday, October 27th, 2019 (the “Contest Period”).

  2. To be eligible for the Contest, entries must be received between the contest period/timeline from July 13th, 2019 to September 9th, 2019 at 11:59p.m. Greenwich Meridian Time (“GMT”) (the end of the “Contest Entry Period”) after which time the Contest Entry Period will be closed and no further entries will be accepted.

 3. HOW TO ENTER.

  1. There is a purchase necessary to enter the Contest.

  2. To enter the contest participant must purchase any Cussons Baby Promo Gift Pack or any three of the Cussons baby product range from any Mother care outlet, supermarket, store or open market.

  3. Entrants must enter the contest via the official entry form on our website, www.cussonsbaby.com.gh and also read and accept these terms and conditions.

  4. Entrant’s upload should be made within the specific duration of the competition (July 13th, 2019 to September 9th, 2019) to ensure validity.

  5. All entries made after the stated deadline date will be void.

  6. The Company reserves the right at any time to verify the validity of claims and Entrants (including but not limited to Entrant’s identity and place of residence) and to disqualify all entries that are not in accordance with the Terms and Conditions or that tampers with the claims process. If the Company fails to implement any of its rights at any stage, this does not constitute a waiver of these rights.

  7. The Company hereby states that it will only accept picture entries that will not violate intellectual property, privacy or any other rights of any third party, and will not contain anything, which is libelous, defamatory, obscene, indecent, harassing or threatening.

  8. By participating in this competition, the Entrant grants permission to the Company to use the images or details/data in any and all media for promotional /marketing purposes with no payment consideration to the Entrant.

  9. All Entrants must ensure that they have a valid national identification.

 4. WINNER SELECTION.

  1. Determination of the final winner will be done via a the underlisted process. This process will involve both Online Voting for the favorite baby on the Cussons Baby Ghana website and shortlisting and selection of the top voted babies from the website by an independent panel of judges.

  2. Judges decision will be based on defined criteria and will be final.

  3. Winners shall be selected as follows: 

    • Stage 1: This is an online voting phase. The Company will present all entries to the public for a vote to determine the Top 100 Babies, using the highest votes through the Cussons Baby Moments Contest App on cussonsbaby.com.gh. This stage is from September 12th, 2019 to September 26th, 2019 at 11:59p.m. Greenwich Meridian Time (“GMT”).
    • Stage 2: This is a judging phase. The Company will present the Top 100 Babies to an independent panel of judges for selection based on defined criteria. The judges will select the Top 30 Babies from the Top 100 Babies presented from Stage 1.
    • Stage 3: This is an online voting phase. The Top 30 Babies are re-introduced for online Voting. The Company will present the Top 30 Babies selected by Judges from Stage 2 for another round of voting through the Cussons Baby Moments contest app on cussonsbaby.com.gh, to determine the Top 10 Babies with the highest votes. The Top 10 Babies will retain the votes they receive in Stage 3 as part of scoring to select Winners. These votes will constitute 50% of the Total Score for selecting Winners.
    • Stage 4: The Company will then present the Top 10 Babies from Stage 3 to an independent panel of judges in the Grand Finale to determine the final winner. Judges will score the Top 10 Babies based on defined criteria. Judges scores will constitute 50% of the Total Score for Selecting Winners.
    • The Total Score for each Top 10 Baby will then be computed by adding together their Top 10 Votes and Grand Finale Judges Score to select Winners.
  4. Decision on Winners will be final.
  5. Dates for Stages 2 to 4 will be communicated after Stage 1 on the Cussons Baby Ghana website, Facebook Page and Instagram account.

  6. Before being declared the Prize Winner, the selected entrant shall be required to correctly have met the necessary requirements to comply with the Contest Rules.

  7. EACH SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE / EMAIL NO LATER THAN 48 hours to the Grand Finale.

  8. Family, friends and fans of the entrants can vote for their favorite baby by clicking on the vote (like) button by the baby’s picture. Entrants are also eligible to vote for themselves.

  9. Voting modalities are laid out as follows: 

    • Voting is restricted to voters in Ghana
    • Each voter gets Five (5) Total Votes per Voting Round (5 Votes for Top 100 Voting / 5 Votes for Top 10 Voting)
    • Each voter gets ONLY One (1) Vote per Baby
    • Voting will be through Facebook Accounts ONLY  to ensure strong Fraud Detection
    • Entries detected to have fraudulent votes will either have those votes eliminated or entry disqualified in totality
  10. The final winner will be determined by an independent panel of judges only during the Grand Finale (Stage 4).
  11. If needed, the Company reserves the right, but not the obligation, to screen, filter and/or monitor information provided by entrants and removes the same.

  12. Upon notification, the selected entrant must respond by Phone/Email to the contact Admin / Email provided in the notification, and the Sponsors must receive the selected entrant’s response within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsors’ sole discretion. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.

 5. PRIZES

  1. Grand Prize.

    1. Final winners will be awarded at the Grand Finale in front of a live audience, panel of Judges and media.

    2. Prizes are non–transferable.

    3. The decision of the panel of Judges is FINAL and no correspondence will be entered into.

    4. The Company reserves the right to select an alternative winner on the grounds that the selected winner declines the prize offer based on personal issues. No prize will be deferred to a later date than the stipulated reward duration.

    5. Any further winner will be selected on the same criteria as the original winner and will be subject to these rules.

    6. Any prize not collected for any reason a month after notification will be forfeited and no correspondence will be entered into.

    7. The use of the prizes awarded to winners is at the risk and expense of the winner. Winners cannot hold the Company liable for the use of prizes.

    8. In the event that the prize is not available despite the reasonable endeavors to secure it, the Company has the right to substitute prizes of equal value.

    9. Entrant’s participation in this competition is considered as acceptance and abidance to the Terms and Conditions of the competition and the Competition Entries.

  2.  Prizes Drawing:
    1. Winner: Cash Prize of GHC 10, 000.00 and six-months’ supply of Cussons Baby products.
    2. 1st Runner Up: Cash Prize of GHC 4, 000.00 and Cussons Baby products.
    3. 2nd Runner Up: Cash Prize of GHC 2, 000.00 and Cussons Baby products.
    4. Top 10 Finalists: The 10 Finalists will also each receive a professional photoshoot.

 6. GENERAL

  1. The Company will not accept responsibility for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines to related to or resulting from participation in the Competition.

  2. The Company shall not be held liable for any copyrighted material, which has been uploaded by an entrant during the competition. All entrants must upload pictures or videos of which they either own the copyright to or have obtained permission from the original copyright owner.

  3. The Company has the right to modify or terminate the competition without notice. In the event of such change or termination, by participating in the competition, Entrants have agreed to relinquish their rights in respect to the competition and acknowledge that they will have no recourse against the Company.

  4. The Company has the right to use footages and pictures from the competition’s activations including the images and personal details provided by the Entrant on any of its adverting materials (during and after the competition) without prior notice or consent of the Entrant and without payment of any modeling fee.

  5. Entrant’s participation in this competition is considered as acceptance and abidance to the Terms and Conditions of the competition.

  6. The Company will add the personal information provided by the Entrants to its database and provide personal data to third the parties it engages with in line with promotion and activation.

  7. Any attempt to use multiple e-mail or Facebook accounts or other tactics to enter or vote more than the stated limit may result in disqualification and all associated entries and/or votes will be void.

  8. Entries or votes generated by script, macro, commercial contest subscription, entering service sites or any other automated means and entries or votes by any means that sabotage the entry or voting process or do not conform to the terms or spirit of these competition rules, will void the entry or votes and may disqualify the entrant.

  9. The Company has the right to delete any information uploaded by an Entrant, which is believed to be illegal, obscene, offensive or defamatory, or is otherwise inappropriate for a competition that is meant to portray the amazing and amusing things about babies.

  10. The Company has the right to use the images taken of the winner for publicity purposes in any manner it deems fit, without further remuneration being made payable to the winner.

  11. Top Entrants from the online voting stage may be required to reconfirm their full names, valid identification and contact details before or during the Grand Finale. Recognized personal identification shall be Driver’s license, Passport, Health Insurance Card or National Identity card. Any other forms of identification will not be accepted.

  12. The Company, its associated companies, directors and employees, shall not be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by the Entrant.

  13. The decision of the panel of Judges during the pre-selection and grand finale phase is FINAL and no correspondence will be entered into.

 7. INDEMNIFICATION BY ENTRANT.

By entering the Contest, entrant releases the organizers from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releases from any and all claims by third parties relating to the Contest, without limitation.

 8. RIGHTS CLEARANCE.

  1. By providing the Work to the Sponsors in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsors a worldwide, gratuitous, irrevocable, and exclusive license to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest.

  2. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion.

9. LIMITATION OF LIABILITY.

  1. The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry.

  2. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by any telecoms company or website users 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 administration of the Contest.

  3. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries.

  4. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise.

  5. The Sponsors are not responsible for any injury or damage to entrant or to any phones /computer related to or resulting from participating or downloading materials in this Contest.

  6. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize.

10. LIMITATION OF LIABILITY. 

  1. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Cussons Baby Website / Facebook page and made available throughout the Contest Period.

  2. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be:

    • Violating the Contest Rules;

    • Tampering or attempting to tamper with the entry process or the operation of the Contest and/or the Contest SMS Short code;

    • Violating the terms of service, conditions of use and/or general rules or guidelines, property or service; and/or

    • Acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST SHORT CODE /FACEBOOK /WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. [If applicable, i.e. Concerts, tapings: Winner [if applicable: and Guest] must at all times behave appropriately when taking part in the [concert/showcase] and observe the Contest Rules and any other rules or regulations in force at the GRAND FINALE draws and/or locations. The Sponsors reserve the right to remove from the [Contest], any Winner [if applicable: and/or Guest] who breaks such rules and/or fails to behave appropriately and to disqualify such Winner [if applicable: and/or Guest].

11. PRIVACY / USE OF PERSONAL INFORMATION.

  1. By participating in the Contest, entrant:

    • Grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners;

    • Grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and

    • Acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (a) and (b)

 12. INTELLECTUAL PROPERTY.

All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

 13. TERMINATION.

Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.

14. GOVERNING LAW.

  1. These are the official Contest Rules. The Contest is subject to the laws of the Republic of Ghana.

  2. The Contest Rules are subject to change without notice in order to comply with any applicable laws. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the of Ghana.

15. DISPUTE RESOLUTION

  1. In the event of an unlikely dispute as a result of these Contest Rules, the parties involved shall use their best endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Contest Rules amicably through mutual discussion.
  2. In the event that the parties are unable to settle any dispute or differences by mutual discussion, then such disputes shall be resolved only by final and binding arbitration pursuant to the Ghana Arbitration Act, conducted by a single neutral arbitrator and administered by the Ghana Association of Certified Mediators & Arbitrators (GHACMA), or a similar arbitration service mutually selected by the parties, with the location of arbitration as Accra, Ghana. The arbitral award shall be final and binding between the Parties except where there is misconduct on the part of the arbitrator or error on the face of the award.