Official Rules: BabyNameWizard.com Baby Shower Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. PARTICIPANTS MUST BE LEGAL RESIDENTS OF ONE OF THE 50 UNITED STATES OR D.C, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, ON DATE OF ENTRY INTO SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.
1. Acceptance of Official Rules. By entering "The Baby Name Wizard Baby Shower" Giveaway (the "Promotion"), you hereby:
a. Agree to comply with all the official rules (the "Official Rules") of these Sweepstakes, and the decisions of the Sponsor, Administrator or Judges in connection with the Sweepstakes (as defined below), whose decisions are final.
b. Release, discharge and hold harmless Sponsor, Administrator, Prize Provider and Generation Grownup, LLC, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Promotion or the acceptance, possession, use or misuse of any awarded prize; and
c. Allow the use of your name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
2. Eligibility. This Promotion is offered and open to persons who are: (a) Registered Users (b) legal residents of one (1) of the fifty (50) United States or District of Columbia; and (c) at least 18 or age of majority (whichever is older in state of residence) on date of entry into a Sweepstakes. For purposes of these Official Rules, "Registered User(s)" means a person that has successfully completed the registration form and has obtained a user identification ("ID") and associated password ("Password") on BabyNameWizard.com. The Sweepstakes is void in Puerto Rico, all US Territories and Possessions, outside of the U.S. and where prohibited by law.
3. Promotional Period. The Promotion begins on June 13, 2012 at 12:01:00 AM ET and ends at 11:59:59 PM Eastern Time ("ET") on June 27, 2012 (the "Promotional Period"). Administrator is the official timekeeper of the Sweepstakes.
4. Entering: To enter the Sweepstakes go to the designated page, accessible at http://www.babynamewizard.com/forum/babynamewizardcom-baby-shower-giveaw... during the Promotional Period and answer the question asked in the Forum thread. Hit the submit button and confirm that your comment was posted on the Forum and you will be entered into the Sweepstakes. If you are not a Registered User you may become a Registered User and obtain an ID and Password by completing the registration form accessible via the link on the Sign Up Now or Become a Member button http://www.babynamewizard.com/expert. There is no fee or charge to become a Registered User. Limit one entry per person per prize in a Sweepstakes.
5. Prize and Value. There will be One Prize awarded. The prize consists solely of:
· Quinny Zapp Xtra Stroller (Approximate Retail Value $300)
· Maxi-Cosi Mico Infant Car Seat (Approximate Retail Value $200)
· Safety 1st Bundle (Approximate Retail Value $150)
· Isabelle Grace Jewlery (Approximate Retail Value $168)
The total value of the Prize to be awarded is $818.00. All federal, state, and local tax liabilities are the sole responsibility of the Winner. No transfer, substitution, or cash equivalent for the Prize permitted, except by Sponsors in their sole discretion.
6. Prize Restrictions. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except Administrator reserves the right to substitute the Prize with a Prize of comparable or greater value should the Prize become unavailable. Prize is solely for Prize winner's use and may not be used in conjunction with any other promotion. All other costs and expenses not specified herein, if any, are the responsibility of the Prize winner. All Prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Drawing/Winner Notification. Odds of winning a Prize depends on the number of eligible entries received during the Sweepstakes Entry Period. The prize drawings will be conducted at random and will take place on or about June 28, 2012. The Prize drawings will be conducted at random by Administrator, whose decisions are final and binding in all respects. Potential Prize winner will be notified by email. If a potential Prize winner does not respond to prize notification within 48 hours of Administrator contacting winner by email, such person may be disqualified, with an alternate Prize winner selected in accordance with these Official Rules. Only two attempts for new alternates will be conducted per Prize. If attempts fail, unclaimed Prize(s) will not be awarded.
8. Affidavit of Eligibility/Liability Release and Publicity Release. Prize winner may be required to complete, execute, and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of notification of winning. Failure to return Release Forms in timely fashion, or if Prize notification or the Prize is returned as non-deliverable, or if Prize winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize winner selected in accordance with these Official Rules.
9. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Promotion, and refuse to award a Prize or any part of a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Promotion or detrimental to other entrants of the Promotion. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Promotion. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Integrity of Promotion. If, for any reason, the Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Promotion and not award the Prize(s) or select the Prize winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
11. Lost or Corrupted Entries. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Promotion, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Promotion.
12. Damaged Property. Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Promotion or downloading materials from this Promotion.
13. Promotion Errors: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Promotion; (b) in any Sweepstakes; (c) in any related advertising or promotions of this Promotion and/or any Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Promotion.
14. Prizes and Prize Winners. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies assume no liability and are not responsible for, and you/entrant hereby forever waives any rights to any claim in connection with, the selection and announcement of a Prize winner, the distribution of a Prize, the acceptance/possession and/or use/ misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Promotion.
15. Release and Indemnity. Each entrant in this Promotion, including, without limitation, the Prize winners, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Promotion and participation in any activity related to this Promotion.
16. Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROMOTION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
17. Disclaimer of Warranties. THE PROMOTION AND THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
18. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
19. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
20. Governing Law and Jurisdiction. This Promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York.
21. Winner List/Official Rules. For the name of the Prize winners send a self addressed stamped envelope for receipt June 30, 2012 to "Winner's list – Baby Name Wizard Baby Shower Giveaway" c/o Generation Grownup LLC, PO Box 255, Old Greenwich, CT 06870. For a copy of the Official Rules send a self addressed stamped envelope to the above address marked "Official Rules: Baby Name Wizard Baby Shower Giveaway" for receipt by June 18, 2012; residents from VT may omit postage on the self addressed envelope. The full name of the Prize winners may be posted and the Official Rules will be posted on BabyNameWizard.com.
Sponsor, Administrator: Generation Grownup, LLC, PO Box 255, Old Greenwich, CT 06870
Prize Provider: CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309.