Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY.

1. CONTEST PERIOD: Baby It’s You! and Loehmann’s “Mama Said” Mother’s Day Contest (the “Contest”) will begin on 04/4/11 at 12:00:00 PM Eastern Time (“ET”) and end on 4/24/11 at 11:59:59 PM ET (the “Contest Period”). The Webmaster’s computer will be the official time keeping device of this Contest.

2. HOW TO ENTER: Each participant of the Contest will create a video depicting the best lesson their mother taught them, in an effort to best meet the judging criteria detailed in Section 4 below (the “Judging Criteria”). Each entrant must fill out the Baby It’s You! Contest Application registration form, which can be found by following the “Contest” link on the “Baby It’s You!” Facebook fan page at http://www.facebook.com/BabyItsYouBway or by following the links to the Contest Application from http://babyitsyouonbroadway.com/loehmanns.html. Once at the Contest Page entrants must “Like” the “Baby It’s You!” Facebook fan page, and follow the onscreen directions to complete the registration process by providing all required information and uploading their video in compliance with these Official Rules (an “Entry” or collectively “Entries”).

All Entries must be submitted in accordance to the following:


Regardless of format, Entry must NOT:


As a condition of entering the Contest, each entrant warrants and represents that they are an individual appearing in or represented in their Entry and that the Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Entrant agrees that the Contest Entities (as defined below) are not responsible for any unauthorized use of Entries by third parties. Contest Entities do not guarantee the approval of any Entry and any/all approval is in their sole discretion. At any time during the Contest, even if the Entry is already approved, if Sponsor determines that an Entry is not in compliance with these Official Rules, the Entry will be disqualified and will not be eligible to win a prize. Entrants agree that they will not use the Entry for any other purpose, including, without limitation; posting the Entry to online social networks (except Facebook, or the third party website(s) in which your video has been previously posted, other websites on the internet, submit Entry to other contests, sweepstakes, or for use in any other manner without the prior consent of Sponsor.
This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, and all entrants release Facebook from any liability in connection with this Contest. By entering, entrants hereby agree to look solely to Sponsor (defined below) with any comments or issues. It is further understood that by entering, entrant is providing personal information to Sponsor and Promotional Partners (defined below), and not to Facebook, Sponsor and Administrator will use the collected information for purposes of administering the Contest and for purposes of sending follow up promotional emails related to the Baby It’s You! production, which entrants can opt-out of at any time.  Further, Loehmann’s will use the collected information in accordance with Loehmann’s privacy policy, which can be found at http://www.loehmanns.com/privacy-policy.aspx. However, entrant’s use of the Facebook Platform may also subject you to the Facebook Terms and Conditions (http://www.facebook.com/terms.php?ref=pf) and Privacy Policy (http://www.facebook.com/privacy/explanation.php). Please read these terms before entering.

3. ELIGIBILITY: The Contest is open only to permanent legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older as of the date of entry. Employees, directors, officers of Broadway Baby LLC (“Sponsor”), Type A Marketing (“Administrator”) Loehmann’s, Inc., Bottlerocket Marketing Group, LLC (“Promotional Partners”), SpotCo. (“Technology Partner”) and any of their respective affiliates, parents, subsidiary companies, and advertising and promotion agencies (collectively the “Contest Entities”) and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household of each are not eligible. Void where prohibited or otherwise restricted by law. Subject to federal, state, and local laws. By entering the Contest, participants agree to be bound by these Official Rules and the decisions of Sponsor and Administrator, which are final and binding.
Limit: Each entrant, regardless of email address used, may only submit one (1) Entry to the Contest throughout the entire Contest Period. If an Entry includes private third party property, persons, or places, entrant hereby represents and warrants they have received express permission from such private third party property or place owner, or person, to submit such Entry, and Sponsor may request proof of such express permission in written form at any time. Failure to provide the above referenced proofs may result in disqualification from the Contest.

4. CONTEST JUDGING: At the end of the Contest Period, one (1) potential Grand Prize and four (4) potential Runner Up Prize winners will be selected based on judging performed by Sponsor or one of the qualified Contest Entities (“judges”), as described below. At the end of the Contest Period, the judges will review all Entries that comply with these Official Rules and the Submission Guidelines, in Sponsor’s sole discretion. The judges will select the one (1) potential Grand Prize winner and four (4) potential Runners Up Winners based equally on the following judging criteria (the “Judging Criteria”): a) Usefulness of the best advice your mother ever gave you; b) Originality of the best advice your mother ever gave you; and c) Humor and entertainment value of the best advice your mother ever gave you. The one (1) potential Grand Prize winner and four (4) potential Runners Up will be announced on or about April 25, 2011. Further, at an in-store Loehmann’s event on or about May 3rd, 2011 at the Loehmann’s Chelsea location in New York, NY. The video submitted by the Grand Prize Winner may be played. In the event of a tie after the judges scores have been tabulated, tied Entries will be re-judged by the judges based solely on “Judging Criteria (a). Judge’s and Sponsor’s decisions are final with respect to all matters relating to the Promotion.

5. PRIZES: One (1) Grand Prize winner will receive two (2) tickets to the Sunday, May 8th 3:00 pm ET Mother’s Day matinee performance of Baby It’s You! on Broadway in connection with the Grand Prize package. The Grand Prize package will include a) roundtrip coach class air transportation for winner and one (1) guest from a major U.S. gateway airport nearest to Grand Prize winner’s home to the major U.S. gateway airport nearest to New York City, in Sponsor’s discretion; b) 2-nights hotel stay (standard room – double occupancy) in one (1) hotel room for winner and their guest at Flatotel New York, or another hotel selected by Sponsor; c) One (1) brunch for winner and their guest on Mother’s Day May 8th, 2011; d) one (1) $500 shopping spree at Loehmann’s (for the Grand Prize winner only) good for any Loehmann’s store in the continental United States; and e) their video will possibly be played at the in-store Loehmann’s event with cast of Baby It’s You!. Approximate Retail Value (“ARV”) of the Grand Prize is TWO THOUSAND TWO HUNDRED DOLLARS ($2,200.00). Four (4) runners up will receive two (2) tickets to see Baby It’s You! on Broadway for a date to be determined by Sponsor at a later date. ARV of each Runner Up prize is two hundred and forty three ($243) dollars. Please note that the Runners Up prizes do NOT include any travel or hotel accommodations and any such costs Runner Up prize winners may incur are their sole responsibility. Total ARV of all prizes is Approximately THREE THOUSAND ONE HUNDRED SEVENTY TWO DOLLARS ($3,172.00). All Prize details are in Sponsor’s sole discretion. All Grand Prize travel arrangements will be made through a travel coordinator designated by Sponsor and travel must take place on a carrier of Sponsor’s choice. Actual value of Grand Prize depends on the city of departure, time of travel, any airfare fluctuations, and on current market conditions at time of prize fulfillment, and any difference between the stated ARV and the actual value, if any, will not be awarded. All air transportation reservations and hotel reservations are in Sponsor’s sole discretion. Trip is subject to Flatotel availability, holiday, blackout dates, and other travel conditions and restrictions that may apply. If the Grand Prize winner lives within one hundred (150) miles of New York City, the air transportation portion of the prize may be substituted, in Sponsor’s sole discretion, with ground transportation, and no additional compensation will be provided for the difference in prize value. One or more connecting flights may be required on air transportation. Once trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor’s sole discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in Grand Prize winner’s possession. The Contest Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations including any results thereof such as changes in services or accommodations necessitated by same. If any portion of the trip prize is unable to take place as planned, for any reason, including but not limited to, cancellation, scheduling conflicts or an event of force majeure, that portion of the prize will be forfeited, the remaining components of the Grand Prize will be awarded and Sponsor’s obligation to the Grand Prize winner will be deemed fulfilled, and no other additional compensation will be provided. Grand Prize conditions may be added or modified by companies providing those portions of the Grand Prize (if any). The Grand Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the release and/or prize travel documents. Contest Entities shall not be liable for any loss or damage to baggage. Grand Prize winner is solely responsible for obtaining all necessary and required travel documents (e.g. valid government-issued photo ID, etc.) and insurance. All airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code-share flights may be used. Prize components cannot be used in conjunction with any other promotion or offer, and no portion may be separated except at Sponsor’s sole discretion. Grand Prize winner must have a valid U.S. photo identification and credit card in their name. Grand Prize package and runner-up prizes do not include other costs or expenses associated with prize acceptance and use, including, without limitation, all federal, state, local, income and withholding taxes, insurance, telephone charges, personal expenses, room service, luggage fees, ground transportation, incidental charges, or any other items not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the winners. Grand Prize winner and runner-ups agree to comply with all venue rules and regulations. Failure to do so may result in forfeiture of applicable portions of their prize.

6. PRIZE WINNERNOTIFICATION/CONFIRMATION: No potential Grand Prize or Runner Up Prize winner will be deemed an official winner unless these official rules are followed and the Contest Entities confirm such. It is in the sole discretion of Sponsor whether or not to confirm a potential Grand Prize winner as an official Grand Prize winner, once they have reviewed the below prize claim documentation. The one (1) Grand Prize winner and four (4) runners up will be notified on or about 04/25/11 via the email address and/or phone number provided in their Entry. The Contest Entities may simply mail the Runner Up Prizes to the Runner Up Prize winners after notification attempt. The Contest Entities will make two (2) attempts to contact the potential Grand Prize winner and the potential Grand Prize winner will have three (3) business days from the time of the first notification attempt to respond to the Contest Entities and properly complete and return all necessary documentation (as described below). The potential Grand Prize winner will be required to sign and return to the Contest Entities, within the above stated three (3) business day period, an Affidavit of Eligibility/Liability Release including a publicity release (where lawful), a W-9 form for tax purposes, all information needed to book travel. The Contest Entities must receive all Prize Claim Documents by the due date indicated during the notification correspondence, or on the Prize Claim Documents. If the potential Grand Prize winner fails to respond in the time period specified above, if any Prize Claim Documents are not returned within the number of days specified, if any notification or notification attempt is returned as undeliverable or as an error, or if the potential Grand Prize winner declines their prize, then the prize may be forfeited and an alternate potential Grand Prize winner will be selected, at the Sponsor’s sole discretion, from the eligible Entries received throughout the Contest Period. Each potential Grand Prize and/or Runner Up prize winner agrees to Sponsor’s use of all prize winners’ name, city, state, likeness, and/or prize information, and to the showing of their uploaded Entry,  for promotional purposes in any medium without additional compensation to the extent permitted by law.

7. GENERAL: Except as determined by the Sponsor in its sole discretion, no substitution of any prize shall be offered and no transfer of any prize to a third party is permitted. All federal, state, and other tax liabilities arising from accepting a prize in this Contest are the sole responsibility of the applicable Prize winners. The Prizes are not redeemable for cash. No more than the stated number and value of prizes listed in these Official Rules will be awarded. In the event of a dispute, an Entry will be deemed to have been made by the authorized account holder of the email address submitted at the time of Entry, and if a prize is won, it will be awarded to such email account owner, subject to verification and compliance with these official rules. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail, phone number or postal address during or shortly after the Contest Period. Proof of submission of Entry does not constitute proof of Entry. All Entries become the property of Sponsor and will not be returned to entrant. Automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or contest service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Sponsor reserves the right to modify these Official Rules without materially affecting the terms and conditions of the Contest

8. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant represents and warrants that they have not engaged or taken part in (or induced or encouraged anyone else to do so) any activity or conduct in connection with this Contest that may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living things or any property; may or is likely to create a risk of any other loss or damage to any person, living things or any property; is or may constitute a crime, unlawful or non-consensual activity (i.e., conduct that could lead to criminal prosecution), tortuous conduct (i.e., conduct that could lead to civil prosecution). Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating, in whole or in part, directly or indirectly, to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant set forth anywhere in these Official Rules. By participating in this Contest, entrants agree to be bound by the Official Rules and the decisions of the Sponsor, Administrator and/or judges, which are final and binding. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. Each entrant hereby releases Facebook from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Contest, including without limitation the publicity or administration thereof.

9. GRANT OF RIGHTS/INTELLECTUAL PROPERTY: Each entrant agrees that Sponsor shall have a royalty free/irrevocable perpetual license to use, publish, adapt, edit and/or modify their Entry in any way, in whole or in part, and to use such Entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to the Contest Application and Website without limitation or compensation to entrant and without right of notice, review, or approval of any such use of the Entry. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to depictions of buildings, trademarks, persons or logos) must be able to provide, upon Sponsor’s or Administrator’s request, legal releases for authorizing use of the Entry in Sponsor’s and Sponsor’s designees’ advertising, marketing and promotions in any and all media, in perpetuity, without additional compensation, permission, or notification, unless prohibited by law. Failure to provide such releases upon request may result in disqualification. Each entrant assigns all right, title and interest in and to the Entry, including, without limitation, any and all copyrights, and moral rights therein to Sponsor. By entering, entrant hereby indemnifies and holds harmless the Contest Entities from any claims and damages (including reasonable attorneys’ fees) arising from or relating to any breach or alleged breach of entrant’s representations and warranties herein, the Entry, or entrant’s conduct in creating the Entry or otherwise, in connection with this Contest. Sponsor respects the rights of others. Sponsor may transmit and store third party materials. As a result, materials of third parties, not owned or controlled by Sponsor, may be connected with this Contest or may be stored or transmitted over Sponsor’s digital online communication systems. Sponsor and Administrator have no knowledge as to whether or not  these materials do not infringe on the rights of others. Upon receipt of proper notice of claimed infringement, Sponsor and/or Administrator will respond expeditiously to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing.

10. OTHER CONDITIONS: Entrants agree that the Contest Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting, in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity, from acceptance, receipt, possession and/or use or misuse of a prize (including any travel or activity related thereto) or any Contest Entity’s use of any Entry or the rights granted herein, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Contest Entities assume no responsibility for computer system, Contest Application, Contest Microsite, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network, server, cable, satellite, Internet Service Provider (ISP) or other connections that are human or technical in nature or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the notification and announcement of the winners, the incorrect uploading of any video/Entry or in any other Contest-related materials. Sponsor reserves the right in its sole discretion to cancel or suspend this Contest, in its entirety or in part, for any reason, including should virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest, or any part of it. Contest Entities are not responsible for incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest, by any technical or human errors which may occur in the processing of the Entries in the Contest. In the event of termination or cancellation, Sponsor reserves the right to award the prizes from among all eligible, non-suspect, Entries received prior to the date of the termination or cancellation using the judging criteria outlined above, at the sole discretion of Sponsor. Contest Entities are not responsible for Entries or videos that are late, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, delayed, garbled, damaged, inaccurate, undelivered, destroyed or otherwise not in compliance with these Official Rules, and all such submission/Entries will be void. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the Entry process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. All prizes are awarded “AS IS” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warrantees on merchandise prizes (if any) are subject to the manufacturer’s terms and conditions and winners agree to look solely to said manufacturers for any such warranty or guarantee claim. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE CONTEST APPLICATION OR CONTEST MICROSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

11. IDEA SUBMISSIONS: As a condition of submitting an Entry, each entrant acknowledges and agrees that (a) Sponsor and other participants have access to and/or may create or have created Entries and/or other materials, ideas and concepts which may be similar or identical to the entrant’s Entry in theme, idea, format, characters and/or other respects; (b) the entrant will not be entitled to any compensation or other consideration because of the use by Sponsor or any other participant of any such similar or identical material, ideas and/or concepts; and (c) Sponsor’s or another participant’s use of material containing elements similar to or identical with those contained in the entrant’s Entry shall not obligate Sponsor to negotiate with and shall not entitle entrant to any compensation or other claim.

12. DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

13. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional paperwork, assignments or certificates of engagement for the Entry or other documents, as Sponsor may reasonably require in connection with this Contest, then each entrant and or potential Grand Prize winner agrees to sign the same upon Sponsor’s request thereof.

14. WINNERS’ LIST: For a list of winners, send a self-addressed stamped envelope, to be postmarked no later than 05/31/2011, to: Baby It’s You! and Loehmann’s “Mama Said” Mother’s Day Contest, c/o Type A Marketing , 1650 Broadway, Suite 800, New York, NY 10019.

15. ADMINISTRATOR: Type A Marketing, 1650 Broadway, Suite 800, New York, NY 10019.

16. SPONSOR: Broadway Baby LLC, 1650 Broadway, Suite 800, New York, NY 10019. Loehmann’s is not a sponsor of this Contest and is not responsible for its content or administration.