Baby Photo Contest Terms of Service

2.1 User Eligibility - US ADULTS ONLY. The Platform is strictly limited to:

• Adults 18 years or older (21+ in some states for prizes)
• Legal residents of the United States with valid US address
• Possess valid Social Security Number (SSN) for tax reporting
• Have valid government-issued ID (driver's license, state ID, or passport)
• Legally authorized to work in the US (for prize eligibility)
• Not on any government restricted lists (OFAC, etc.)

IMPORTANT: By creating an account, you affirm under penalty of perjury that you meet ALL these requirements. We reserve the right to verify your identity, age, and residency at any time. Failure to provide valid documentation upon request will result in immediate account termination and prize forfeiture.

Children under 18 may not create accounts or directly interact with the Platform. Only verified adult parents or legal guardians may submit content featuring their children.

2.2 Contest Participant Eligibility. Contest entries may only feature babies who:

• Are under 24 months of age at the time of submission
• Reside in any of the 50 United States
• Have parent/guardian consent for participation
• Are not children of Company employees or immediate family members

2.3 State-Specific Eligibility. Some states have additional requirements:

• All States: Void where prohibited by law
• Contest Registration States: We comply with registration requirements in NY, RI, and FL
• Age Restrictions: Some states may require participants to be 18+ or 21+ for certain prizes
• Geographic Restrictions: We reserve the right to limit contests in any state for legal compliance

2.4 Parental Consent. By submitting an entry featuring a child, you represent that:

• You are the child's parent or legal guardian
• You have authority to submit the child's photo and information
• You consent to the collection and use of the child's information as described in our Privacy Policy
• You will immediately notify us of any unauthorized use of the child's information

2.5 Geographic Restrictions. The Platform is operated from Florida and is intended for users located in the United States only. We make no representations that the Platform is appropriate or available for use in other locations. Access from territories where our content or services are illegal is prohibited.

4.2 NO Prize Guarantee. While we intend to award prizes as described, we expressly disclaim any guarantee of prize availability, amount, or distribution. Prizes are subject to budget constraints, sponsor availability, and our sole discretion.

4.3 Winner Verification - MANDATORY REQUIREMENTS. ALL winners MUST complete verification within 30 days, which includes:

NO EXCEPTIONS: Winners who cannot or will not provide ALL required documentation within 30 days automatically forfeit their prize. Prizes may be awarded to alternate winners at our discretion.

Note: We report all prizes to the IRS as required by law. Winners will receive Form 1099-MISC for prizes over $600. You are responsible for all taxes on prizes won.

4.4 Payment Methods. If prizes are distributed, methods are at our discretion and may include:

• Electronic payment (if available)
• Check (subject to processing delays)
• Alternative prizes or credits
• No payment (if circumstances warrant)

4.5 Tax Obligations. Winners are solely responsible for ALL taxes. We make no representations about tax consequences. Consult your tax advisor. We may withhold taxes as required by law.

4.6 Unclaimed Prizes. We will make reasonable efforts to notify winners using the contact information on file (email and, if provided, phone). Prizes not claimed within 30 days of the initial notification attempt are forfeited. We are not liable for notifications that fail due to inaccurate, outdated, or inactive contact information provided by the winner. We have no obligation to select alternates or redistribute forfeited prizes, but may do so at our sole discretion.

13.1 Security Limitations. While we implement commercially reasonable security measures, we cannot and do not guarantee protection against all threats, including but not limited to hackers, cyberattacks, data breaches, unauthorized access, technical failures, or human error.

13.2 Third-Party Access. We are not responsible if third parties gain unauthorized access to your information through no fault of ours, including through your own devices, networks, or accounts.

13.3 Public Nature of Internet. You acknowledge that the Internet is not a secure medium and that privacy cannot be ensured. We are not responsible for interception or interruption of transmissions or for changes to or losses of data.

13.4 Photo Access & Distribution. Contest photos are publicly visible on our website to maximize voting engagement. All photos are watermarked, and we only display first names — never last names, parent names, or contact information. By submitting photos, you acknowledge they will be publicly viewable and that others may potentially screenshot or share them, and you accept these risks.

13.5 Breach Notification. We will endeavor to notify affected users of security breaches as described in our Privacy Policy, including our best-effort 72-hour notification standard for material breaches. Notification timing may vary based on law enforcement requests, the scope and nature of the breach, or other applicable legal requirements. This commitment does not create an independent basis for liability beyond what is required by applicable law, and we are not liable for any consequential losses arising from delayed or incomplete notification where such delay was necessitated by the above factors.

14.1 Nature of Charitable Donations. Baby of the Month LLC ("Company") donates a percentage of eligible revenue from vote purchases to verified 501(c)(3) nonprofit organizations focused on supporting families, children, and community welfare. All such donations are:

• Made solely by Baby of the Month LLC
• At the Company's sole discretion as to amount and timing
• Tax-deductible for the Company, NOT for individual users
• Subject to change or discontinuation at any time

14.2 User Allocation Preference. During checkout, users may optionally indicate a preference for where the Company's charitable donation is allocated. This allocation preference:

• Is completely optional and not required to complete a purchase
• Does NOT affect the price of votes or any other aspect of the transaction
• Does NOT affect contest results, voting power, odds of winning, or any contest outcome
• Does NOT constitute a user donation or create any tax benefit for the user
• May be honored at the Company's discretion, subject to charity verification and eligibility

14.3 Charity Eligibility. Only verified 501(c)(3) nonprofit organizations that meet our eligibility criteria may receive allocations. The Company reserves the right to reject, remove, or redirect allocations from any organization at its sole discretion, including organizations that:

• Fail 501(c)(3) verification or lose tax-exempt status
• Are primarily political or religious in nature (unless specifically approved)
• Are affiliated with or controlled by Company ownership or management
• Do not align with our mission of supporting families and children

14.4 No User Donation. Under no circumstances should users interpret any purchase or transaction as a personal donation. Users:

• Do NOT receive tax receipts, donation confirmations, or any documentation of charitable contribution
• May NOT claim any tax deduction for purchases made on this platform
• Are NOT entitled to any benefits associated with charitable donors
• Have no legal standing as donors to any recipient organization

14.5 Default Charity. If a user does not select a charity preference, or if the selected charity becomes ineligible, the allocation will be directed to the Company's default partner charity or redistributed at Company discretion.

14.6 No Warranty or Guarantee. The Company makes no warranty or guarantee regarding:

• The amount or frequency of charitable donations
• The availability of any specific charity for allocation
• The use of funds by recipient organizations
• The continuation of this program
• Any specific impact or outcome of donations

14.7 Program Modifications. The Company reserves the right to modify, suspend, or discontinue the charitable giving program at any time without notice. Changes to donation percentages, eligible charities, or program terms may be made at any time at Company's sole discretion.

15.1 Vote Voiding & Invalidation. We reserve the absolute right to void, remove, invalidate, reverse, or not count ANY votes at any time, for any reason or no reason, including but not limited to:

• Votes cast using VPNs, proxies, Tor, or IP-masking technology
• Votes cast from flagged, suspicious, or duplicate accounts
• Votes showing patterns consistent with coordination, automation, or manipulation
• Votes associated with click farms, vote-selling services, or incentivized voting
• Votes cast by users who violate any term of this agreement
• Votes that our fraud detection systems flag as suspicious
• Votes we believe, in our sole judgment, compromise contest integrity
• Any votes, regardless of reason, if we determine voiding serves contest fairness

15.2 Account Warning System. We may, at our discretion, issue warnings to accounts that engage in suspicious or prohibited activity. Warnings operate as follows:

• First Warning: Account flagged; voting privileges may be restricted or monitored
• Second Warning: Account restricted; enhanced monitoring; privileges may be suspended
• Third Warning: Account may be permanently suspended or terminated

IMPORTANT: Warnings are issued at our sole discretion. We are NOT required to issue warnings before taking more severe action. We may skip directly to suspension, termination, or disqualification for serious violations. Warning history may persist across account closures and new account creation.

15.3 Account Flagging. We may flag accounts for investigation or monitoring without notification to the account holder. Flagged accounts:

• May have voting privileges restricted, delayed, or removed
• May have votes cast subject to additional scrutiny or voiding
• May be excluded from receiving prizes even if vote counts qualify
• May be associated with other flagged accounts (household, IP, device linking)
• Will NOT necessarily be notified of flagged status
• Cannot appeal or challenge flagged status

15.4 Account & Device Blocking. We reserve the right to permanently block any:

• User account (including all associated accounts)
• Email address or domain
• IP address or IP range
• Device fingerprint or identifier
• Payment method
• Phone number
• Household (all accounts at same address)

Blocked users are permanently prohibited from using our Platform. Attempts to circumvent blocks (new accounts, VPNs, etc.) constitute additional violations and may result in legal action.

15.4a Vote Purchase & Refund Policy. By purchasing vote bundles or credits on our Platform, you acknowledge and agree to ALL of the following:

• Unused credits/votes: Full refund within 3 days of purchase OR before the end of the competition the votes were purchased for, whichever comes first, provided no credits or votes from that purchase have been used or applied
• Partially used: Refund of unused portion only, within the same window (3 days or competition end, whichever is first)
• Used votes/credits: Non-refundable under any circumstances once applied to any contest entry
• Technical errors: Full refund if votes fail to register due solely to a verified Platform error
• After 3 days or competition end: No refunds for any reason, regardless of whether votes or credits have been used
• Enforcement actions: Credits or votes forfeited due to fraud or Terms violations are non-refundable (see Section 15.5)

15.4b Contest Outcome Is Not Grounds for Refund. You expressly acknowledge and agree that:

• Purchased votes are applied to the contest at the time of purchase — the digital service has been fully delivered regardless of contest outcome
• Your entry not winning the contest, finishing in any particular position, or receiving any particular number of votes is NOT grounds for a refund
• Competition ending (whether by scheduled close, early termination, or consolidation) does NOT entitle you to a refund for votes already applied
• Changes in contest standings (including other entries receiving votes, entries being disqualified, or vote adjustments) are NOT grounds for a refund
• You are purchasing participation in a skill-based contest, not a guaranteed outcome — the contest result does not affect whether the service was delivered
• Dissatisfaction with results is not a valid reason for a refund, chargeback, or payment dispute

To request a refund for eligible unused votes/credits, contact info@babyofthemonth.org within 3 days of purchase (and before the competition ends) with your order details.

15.4c Chargebacks & Payment Disputes. Filing a chargeback or payment dispute with your bank or card issuer after receiving the digital goods (votes/credits) constitutes a violation of these Terms and may result in:

• Immediate reversal of all votes associated with the disputed payment
• Permanent ban of your account, email address, payment method, and device
• Disqualification from any active or future contests
• Forfeiture of any prizes won during the period the disputed votes were active
• Recovery action for prizes already paid, including but not limited to demand letters, collections, and small claims court proceedings
• Dispute response: We will submit comprehensive evidence to your bank proving that the digital goods were delivered, including purchase records, vote application logs, IP address, device information, account activity, and your agreement to these Terms

We actively contest chargebacks for delivered digital goods with full evidence of delivery. Nothing in this section limits your right to dispute genuinely unauthorized transactions, billing errors, or charges you did not authorize — contact us at info@babyofthemonth.org first and we will resolve legitimate billing issues directly. Filing a knowingly false or frivolous dispute after receiving delivered digital goods may constitute fraud under applicable law.

15.5 No Refunds for Enforcement Actions. You expressly acknowledge and agree that:

• Purchased credits or votes used on voided votes are NON-REFUNDABLE
• Unused credits or votes in confirmed-violation terminated accounts are NON-REFUNDABLE
• Earned credits in terminated/blocked accounts are FORFEITED
• No compensation is owed for any enforcement action based on confirmed violations
• No partial refunds, pro-rata refunds, or credits will be issued for confirmed violations

Erroneous Termination. If you believe your account was terminated in error, you may invoke the pre-dispute process under Section 9.1. If Company determines in its sole discretion that a termination was erroneous, unused purchased credits (not earned credits) may be refunded at Company's discretion. This provision does not create a right of reinstatement or any obligation to refund.

15.6 Fraud Definition. For purposes of this Agreement, "fraud" includes but is not limited to:

• Creating multiple accounts to vote for the same entry
• Using automated tools, bots, scripts, or macros to vote
• Purchasing votes from third-party services or individuals
• Paying, compensating, or incentivizing others to vote (except authorized referral programs)
• Coordinating voting through organized groups, forums, or social media
• Selling or trading votes
• Using VPNs, proxies, or anonymizers to circumvent voting limits
• Submitting false information during registration or entry
• Identity theft or impersonation
• Chargebacks or payment disputes filed after receiving and using votes/credits, where the chargeback is not based on a genuine unauthorized transaction or billing error
• Exploiting technical vulnerabilities or bugs
• Any activity we determine undermines contest integrity

15.7 Enforcement Finality. BY USING THIS PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE:

• Any right to notice before enforcement action is taken
• Any right to a hearing or appeal regarding enforcement decisions
• Any right to review evidence used in fraud determinations
• Any right to explanation of enforcement decisions
• Any claim that enforcement actions were arbitrary or unfair
• Any claim for damages arising from enforcement actions

You acknowledge that we are the sole arbiter of fraud and contest integrity matters. Our decisions are final, binding, and not subject to judicial review except as required by law.

15.8 Entry Disqualification. Entries may be disqualified and removed from competition at any time for:

• Association with fraudulent voting activity (regardless of who initiated it)
• Violation of any contest rule or term by the entrant or their associates
• Receipt of votes from flagged, blocked, or fraudulent accounts
• Any reason we determine serves contest integrity

NO FAULT REQUIRED: An entry may be disqualified even if the parent/guardian did not personally engage in fraud. If fraudulent votes are cast on an entry (by relatives, friends, purchased services, or unknown parties), the entry may still be disqualified. Parents/guardians are responsible for ensuring their supporters comply with all rules.

15.9 Prize Forfeiture. Any winner found to have benefited from fraudulent votes (directly or indirectly) will forfeit their prize. We may:

• Withhold prize payment pending investigation
• Demand return of prizes already paid
• Award prize to next eligible entry
• Retain prize if no eligible alternate exists
• Pursue legal action for fraud or unjust enrichment

15.10 Cooperation with Law Enforcement. We reserve the right to cooperate fully with law enforcement investigations and to provide all account data, voting records, IP addresses, and payment information in response to valid legal process or suspected criminal activity.

15.11 Survival. The enforcement provisions of this Section 15 survive termination of your account and this Agreement. You remain bound by these terms even after you stop using our Platform.

15.12 Retroactive & Post-Contest Enforcement. We reserve the right to:

• Void votes discovered to be fraudulent AFTER a contest has ended
• Change final results if fraud is discovered post-announcement
• Claw back prizes already paid if fraud is later discovered
• Pursue legal action for fraud discovered at any time (no time limit)
• Apply bans from one contest to all past, current, and future contests
• Re-rank entries and award prizes to alternates at any time

There is NO statute of limitations on our fraud investigation or enforcement rights. Discovery of fraud months or years later still permits full enforcement.

15.13 Collusive & Organized Voting. The following are STRICTLY PROHIBITED:

• Family voting rings (extended family coordinating votes)
• Church, school, or community group organized voting campaigns
• Social media groups created to trade or coordinate votes
• Workplace voting campaigns or employer-encouraged voting
• Last-minute vote surges in final hours of competition
• Geographic clustering (unusual concentration of votes from one area)
• Any organized effort to concentrate votes beyond natural sharing

While family and friends may naturally vote, ORGANIZED campaigns to solicit votes from groups constitute vote manipulation. We analyze voting patterns and may void ALL votes from identified coordinated sources.

15.14 Retaliation & Interference Prohibited. Users MAY NOT:

• Post negative reviews to pressure us to reverse enforcement decisions
• Make false or defamatory statements about the Company or contest
• Contact media or file frivolous complaints to coerce favorable treatment
• Interfere with our business relationships or partners
• Encourage others to violate these Terms or harm the Platform
• Harass, threaten, or intimidate Company employees or representatives

Violation of this section will result in immediate permanent ban and may result in civil action for defamation, tortious interference, or other applicable claims.

15.15 Covenant Not to Sue. You covenant and agree NOT to sue, bring claims, or initiate any legal proceeding against Company, its officers, directors, employees, agents, or affiliates for any claim arising from or related to:

• Vote voiding, adjustment, or invalidation
• Account flagging, warning, suspension, or termination
• Entry disqualification or removal
• Prize withholding, forfeiture, or clawback
• Contest cancellation, modification, or results
• Any enforcement action taken under these Terms

This covenant is independent of and in addition to the arbitration agreement and survives termination of this Agreement.