OFFICIAL VOTIGO "CUTEST BABY" PHOTO CONTEST

OFFICIAL RULES

No purchase necessary to enter or win. A purchase does not improve your chances for winning.

1. Eligibility. The Official Votigo "Cutest Baby" Photo Contest is open only to individuals who: (a) are legal residents of the fifty (50) United States and the District of Columbia and (b) are thirteen (13) years of age or older at the time of entry. Employees or contractors of Votigo, Inc. ("Host"), or a competitor of Votigo, Inc. or any of their respective affiliate companies, subsidiaries, agents, distributors, wholesalers, retailers, or advertising and promotional agencies, as well as the spouse, parents, siblings, children and household members of any such employee or contractor, are not eligible. The Official Votigo "Cutest Baby" Photo Contest is subject to all federal, state/provincial, and local laws and regulations and is void outside of the U.S. and where prohibited by law.

2. Sponsor. The Official Votigo "Cutest Baby" Photo Contest is sponsored by Votigo, Inc. ("Sponsor").

3. Agreement to Official Rules. Participation in the Official Votigo "Cutest Baby" Photo Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein in a timely manner.

4. Entry Period. The Official Votigo "Cutest Baby" Photo Contest begins on June 14, 2007 at 12:00 a.m. Pacific Time ("PT") and ends on August 14th, 2007 at 11:59 p.m. PT (the "Entry Period").

5. Entry. Visit http://www.votigo.com/ and complete the online entry form. You must include on the entry form complete and accurate information, including your Email address, photo entry, photo name, description and all other information requested. Entries originating outside of the U.S. are ineligible. Online entry into the Official Votigo "Cutest Baby" Photo Contest must be completed in a single, continuous session during the Entry Period. To qualify, your submission, in whole and in part, must:

Entry Rules

  1. Submit a photo of yourself
  2. Not include any other identifiable people or material in which a third party has intellectual property rights in any form or of any kind.
  3. Not, in the sole discretion of Sponsor, be obscene, indecent, offensive, violent, hateful, or libelous or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Official Votigo "Cutest Baby" Photo Contest as described in these Official Rules and related materials.
  4. Be to specified size and quality. Any image not correctly prepared or suffering image degradation due to over-compression may be disqualified.
  5. Include a description of the photo, including for example underlying imagery type (digital or film) and manipulation techniques (filtering, editing, and so forth).
There is no limit on the number of original entries that you may submit, however, you may not submit the same entry more than once. No automated entry or voting devices or programs are permitted. You are solely responsible for the equipment and internet access required to enter or participate in the Official Votigo "Cutest Baby" Photo Contest. Sponsor reserves the right to, in its sole discretion, restrict participation in the Official Votigo "Cutest Baby" Photo Contest to any person at any time for any reason and/or to disqualify any entry at any time for any reason.

Any attempted entry by any means except as permitted in these Official Rules is void. Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information. Proof of submission will not be deemed to be proof of receipt by Sponsor.

6. Judging. Entries will be posted at http://www.votigo.com/. Individual members of the public registered at http://www.votigo.com/ will be invited to vote for entries online at http://www.votigo.com/. Each eligible entry will be allowed one vote per registered user per day during the Entry Period. By participating in the Official Votigo "Cutest Baby" Photo Contest, you agree that Sponsor and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right to (a) use, review, assess, evaluate, score, verify and judge your entry, publicly or otherwise, in any manner they elect, and (b) control or restrict voter qualification and the frequency and manner of voting. The entrant whose eligible entry receives the highest number of eligible votes will be a potential winner of the Grand Prize, subject to verification (including verification of eligibility, compliance with the Official Rules, and completion of documentation specified herein) and satisfaction of any prize-related conditions or specifications; there is a limit of one prize per entrant or household. Sponsor's decisions are final and binding in all matters relating to the Official Votigo "Cutest Baby" Photo Contest, including but not limited to eligibility and winner selection. If a potential winner cannot be reasonably notified, verified or confirmed within five (5) days of first notification attempt (and further attempts at Sponsor's sole discretion), a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner will be chosen in accordance with these Official Rules.

7. Requirements of the Potential Winner. Except where prohibited, potential winners will be required to complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), and a comprehensive liability waiver and publicity release within fourteen (14) days of the date of notification. Potential winner may also be required to complete additional liability waivers required by third party service providers. Such liability waivers will prevent you and your successors from bringing a lawsuit or other action against any released party, including without limitation Sponsor and its subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party. If a potential winner is a minor, the affidavit of eligibility, Form W-9, and liability waiver and publicity release must be signed by his/her parent or legal guardian on his/her behalf, with prize delivered to such parent/guardian.

8. Prizes. ONE (1) GRAND PRIZE: $200.00 Grand Prize winner will contacted by Votigo, Inc. No runner-ups. Prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by Sponsor in its sole discretion. Winner is responsible for all applicable taxes associated with receipt of a prize.

9. General Conditions. Sponsor reserves the right to cancel, suspend, and/or modify the Official Votigo "Cutest Baby" Photo Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Official Votigo "Cutest Baby" Photo Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Sponsor's identification of the impairment. Sponsor reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of Official Votigo "Cutest Baby" Photo Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Official Votigo "Cutest Baby" Photo Contest may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All activity arising out of and relating to the Official Votigo "Cutest Baby" Photo Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Sponsor verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the Official Votigo "Cutest Baby" Photo Contest at any time.

10. Publicity. Except where prohibited, by participating in the Official Votigo "Cutest Baby" Photo Contest and regardless of whether you are a winner, you grant Sponsor and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, photograph, likeness, photograph(s), written and other entry materials, as well as additional photographs, video footage or other images that Sponsor may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Sponsor shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.

11. Privacy. All personal information submitted by you as part of this Official Votigo "Cutest Baby" Photo Contest will be treated in accordance with Host's Privacy Policy (accessible from http://www.votigo.com), except as otherwise described in these Official Rules and Official Votigo "Cutest Baby" Photo Contest materials. By participating in the Official Votigo "Cutest Baby" Photo Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Sponsor's agents, representatives, and other third parties involved in the execution, administration, or hosting of the Official Votigo "Cutest Baby" Photo Contest, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor's Privacy Policy, these Official Rules shall govern.

12. Limitations of Liability; Disclaimers/Release. The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Official Votigo "Cutest Baby" Photo Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Official Votigo "Cutest Baby" Photo Contest or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in the Official Votigo "Cutest Baby" Photo Contest or receipt of any prize.

SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE Official Votigo "Cutest Baby" Photo Contest OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE Official Votigo "Cutest Baby" Photo Contest OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Official Votigo "Cutest Baby" Photo Contest. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE Official Votigo "Cutest Baby" Photo Contest, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.

BY ENTERING THE Official Votigo "Cutest Baby" Photo Contest AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE Official Votigo "Cutest Baby" Photo Contest, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

13. Disputes. Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Official Votigo "Cutest Baby" Photo Contest, and the decisions by Sponsor are final and binding on all matters relating to the Official Votigo "Cutest Baby" Photo Contest. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Official Votigo "Cutest Baby" Photo Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Official Votigo "Cutest Baby" Photo Contest, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Official Votigo "Cutest Baby" Photo Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California. By participating in the Official Votigo "Cutest Baby" Photo Contest, you agree that California will be the exclusive forum for any formal dispute resolution.

14. Official Rules and Winners List. A copy of these Official Rules and a list of winners will be posted on http://www.votigo.com/.