Everyday Moms Sampling Club Instagram Sweepstakes Official Rules
EverydayFamily Everyday Moms Sampling Club Instagram Sweepstakes Official Rules
YOU HAVE NOT YET WON. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
SPONSOR: EverdayFamily., 2406 Cypress Glen Dr., Suite 101 Wesley Chapel, FL 33544, is solely responsible for all aspects of this chance-based sweepstakes (“Sweepstakes”) on Instagram.com (the “Site”). This serves as a complete release of Instagram by each entrant or participant. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. The Sweepstakes is governed by these official rules (“Official Rules”). By participating in the Sweepstakes, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the Sweepstakes, as determined by the Sponsor and its agents, are final in all respects. The Sweepstakes is subject to all federal, state and local laws and regulations and is void where prohibited by law.
SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00 am ET on 00/00/0000 until End Date To Be Determined by Sponsor (“Sweepstakes Period”). Sponsor’s computer clock will be the official time keeper for this Sweepstakes. Each day within the sweepstakes period will be its own Daily Sweepstakes Period.
ELIGIBILITY: This Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who have reached the age of eighteen (18) at the time of entry. Void where prohibited by law. Employees of the Sponsor, and its parent, affiliates, subsidiaries, advertising and promotion agencies involved with this Sweepstakes (collectively, “Entities”), and the immediate family members and/or those living in the same household of such persons (whether legally related or not), are not eligible to enter the Sweepstakes. All federal, state, and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein, no purchase necessary. Eligibility is determined weekly. Entrants must share a photo on their Instagram account of their Everyday Moms Sampling Club box of products (photos including bumps and babies are encouraged), along with the hashtag #EFMomSamples and must tag the Sponsor’s Instagram account, @everydayfamily.
PRIZE: ONE PRIZE TO BE AWARDED WEEKLY, FOR THE LENGTH OF THE SWEEPSTAKES PERIOD, (“Sweepstakes Period”). Winners will be announced on Wednesdays by 5pm and contacted via a comment on their Instagram submission. Prize is a pack of diapers, brand and package count to be determined by the sponsor. Prize terms and conditions apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Sponsor reserves the right to list winner’s photo, Instagram handle, and/or first name and last initial on various sponsor’s sites, including Sponsor’s Facebook page (www.facebook.com/EverydayFamily) and Instagram account (https://www.instagram.com/everydayfamily/).
GENERAL PRIZE CONDITIONS: All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any and all prizes will be delivered only to an address in the United States. Prize is non-assignable and non-transferable. Any prizes depicted in promotional packaging or otherwise in connection with this Sweepstakes are for illustrative purposes only and may not represent the actual prize(s) that is (are) awarded. No substitution or cash equivalent of prizes is permitted; however, Sponsor reserves the right to substitute any prize with another of equal or greater value. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Sweepstakes is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Sweepstakes, without notice, and for any reason, including, without limitation, if Sponsor determines that the Sweepstakes cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
HOW TO ENTER: No purchase is necessary to enter the sweepstakes. Eligible entrants (“Entrant”) must Entrants must share a photo on their Instagram account of their Everyday Moms Sampling Club box of products (photos including bumps and babies are encouraged), along with the hashtag #EFMomSamples and must tag the Sponsor’s Instagram account, @everydayfamily, any day of the week, to be eligible for the prize. NOTE: Internet entry must be made by an individual entrant. Entries made by any other individual or entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or process to automate the entry process is prohibited.
SPONSOR'S RIGHT TO DISQUALIFY: Sponsor reserves the right in its sole and unfettered discretion to disqualify any individual who does not meet the Eligibility requirements or comply with any other provisions of these Rules or Site Terms of Service. In the event that a Winner is disqualified, a new Winner will be chosen in a new random drawing from among the remaining Entrants.
SELECTION OF WINNER: The Winner will be determined by a random drawing from all eligible entries. A random drawing will be conducted by the Sponsor using randomization methods selected in its sole discretion, to occur within weekly, every Wednesday by 5pm MST. All decisions are final and binding. The odds of winning will be determined by the number of eligible entries received. Sponsor will attempt to notify the Winner via commenting on their Instagram post (sweepstakes entry). The Winner will have 7 days from successfully being notified by one of the means listed above to accept the Prize by email to firstname.lastname@example.org or the Winner chooses to forfeit the Prize.
By accepting the Prize, the Winner grants Sponsor the use of his/her name, voice, hometown and likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law.
If the Winner is ineligible, chooses to forfeit the Prize, cannot be notified, or fails to timely return the completed and executed affidavit or declaration and release, the Prize will be forfeited, in which case an alternate winner will be selected.
- Applicable US Laws: The Sweepstakes is governed by and subject to the laws of the United States. All US federal, state and local laws and regulations apply. Void where prohibited by law.
- Disputes Over Winner's Identity: In the event of a dispute as to the identity of a winner based on 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 Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an email addresses 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.
- Site Marks: By entering the Sweepstakes, Entrant acknowledges and agrees that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sponsor in writing, Entrant agrees not to reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, including its interface, in whole or in part and other logos and product and service names that are trademarks of the respective owners (the “Site Marks”).
- Name and Likeness: By entering the Sweepstakes and accepting any prize, Entrants grant permission to Sponsor and its advertising and promotion agencies, the right to use their name, likenesses, voice, biographical information for purposes of programming, advertising, publicity and promotion, without further compensation to Entrant, unless prohibited by law.
- Not Responsible for Errors or Entries not Received: Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Sweepstakes or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.
- No Confidential or Fiduciary Relationship: Entrant understands and agrees that no confidential or fiduciary relationship is established by entering the Sweepstakes hereunder and nothing in these Rules shall be deemed to place Sponsor in any different position from anyone else to whom Entrant has not entered the Sweepstakes.
- No claim or right of action: By entering this Sweepstakes, Entrant waives any claim or right of action against the Released Parties (defined below) and their successors and assigns in connection with the Sweepstakes.
RELEASE, WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION: Entrant expressly understands and agrees that:
- Entrants hereby release and hold harmless Sponsor, its parents, divisions and subsidiaries, and their respective agents, affiliates, agencies, employees, officers, directors, shareholders, representatives and independent contractors (the “Released Parties”) from any and all claims, demands, losses and liabilities arising out of their participation in the Sweepstakes and/or the use or acceptance of any prize won.
b. ENTRANT'S USE OF THE SITE AND PARTICIPATION IN THE SWEEPSTAKES IS AT ENTRANT'S SOLE RISK. THIS SWEEPSTAKES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
c. IN NO EVENT SHALL RELEASED PARTIES OR RELEASED PARTIES' SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES, SPONSOR'S SERVICES OR THIS AGREEMENT HOWEVER ARISING, UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY. THE RELEASED PARTIES' LIABILITY, AND THE LIABILITY OF THE RELEASED PARTIES' SUPPLIERS, IF ANY, TO ENTRANT OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES ENTRANT PAID TO SPONSOR IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO ANY PURPORTED LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THIS EXCLUSION OF DAMAGES, RELEASED PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY TO CERTAIN ENTRANTS.
d. Entrant agrees to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities (including, but not limited to, attorneys' and experts' fees, costs and disbursements), demands and actions of every kind and nature, whether or not now known or suspected (collectively, “Claims”), arising out of or in connection with (i) Entrant's participation in the Sweepstakes (including, but not limited to, any and all claims of third parties, whether or not groundless) in connection with the Sweepstakes; (ii) any posting by Entrant on Sponsor's site; (iii) the use by Released Parties of any of the rights granted by Entrant in connection with the Sweepstakes; and (iv) any breach by Entrant of any warranty, agreement or representation contained in the Rules or Terms of Service or in any documentation submitted by Entrant.
INTERNET: Sponsor is not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of any entries/photographs submitted, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind, or any inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, an insufficient number of Submissions, or any other causes beyond Sponsor's control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole and unfettered discretion to cancel, terminate, modify, extend and/or suspend the Sweepstakes and/or to award any prizes based on alternate means including, without limitation, based on entries received prior to termination.
SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY AND/OR RANDOM DRAWING PROCESS. CAUTION: ANY ATTEMPT BY ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE SWEEPSTAKES.
GOVERNING LAW: All issues and questions rights and obligations of Entrant in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, 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 these Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the city of Costa Mesa
WINNERS' LIST: For a copy of the Rules and names of winners, send a separate, stamped, self-addressed envelope to: EverydayFamily Everyday Moms Sampling Club Instagram Sweepstakes, c/o 2406 Cypress Glen Dr., Suite 101 Wesley Chapel, FL 33544. Requests must be received no later than one month after the conclusion of the Sweepstakes.