The Wellements Baby Valentine’s Contest – Official Rules
The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States.
1. PROMOTION DESCRIPTION: The Wellements Baby Valentine’s Contest (the “Sweepstakes”) begins on Tuesday, February 3rd 2015 at 12:01 a.m. Mountain Time (“MST”) and ends on Monday, February 16th 2015 at 11:59 p.m. (the “Sweepstakes Period”). By participating
in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Wellements LLC 6263 N. Scottsdale Road, #125 Scottsdale, AZ 85250 (the “Sponsor” and the “Administrator”), whose decisions shall be final and legally binding in all respects.
This promotion is open to legal U.S. residents and the District of Columbia (excluding Puerto Rico, U.S. Virgin Islands, Guam and other United States territories), who are eighteen (18) years of age or older at the time of entry except employees of Sponsor and its affiliates, subsidiaries, advertising and promotion agencies, and such employees’ immediate family members and/or those living in the same household. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor.
3. HOW TO ENTER:
During the Promotion Period, Instagram members may enter the Sweepstakes through the Wellements Baby Instagram Page @wellementsbaby. To enter the Sweepstakes during the Promotion Period, 1) Follow @wellementsbaby 2) Repost Valentines’s Giveaway picture with
#WellementsBabyBathtime 3) Entrants must complete the entry form with all required information and fill in your full name and email address on the entry submission page, and agree to the Official Rules. You may only enter one (1) time during the Promotion Period. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. Sponsor’s computer will be the official timekeeper for all matters related to this Sweepstakes. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet Access Provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
4. PRIZE/ODDS: One (1) prize of a $44.99 Puj Tub, One (1) prize of a $19.99 Sprouts Hooded Towel, One (1) prize of a $19.99 Sprouts Bath Storage, One (1) prize of a $14.99 Green Toys Tugboat, One (1) prize of a $8.99 Wellements Baby Soap and Shampoo, One (1) prize of a $8.99 Wellements Baby Pure Lotion, One (1) prize of a $8.99 Wellements Baby Conditioner will be awarded to the Instagram winner. Odds of winning depend on the number of eligible entries received prior to each drawing. Winners are responsible for any and all local, state and/or federal, province taxes, as well as any other costs and expenses not specified herein as being awarded. Prizes will be awarded only if the potential prize winner(s) fully comply with these Official Rules. Prizes are non-assignable and non-transferable and have no cash value. Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
5. WINNER SELECTION DATES AND NOTIFICATION:
One grand prize winner will be selected by means of random drawing to be held on or about February 16th 2015. Entrants may not be present at drawing. Potential Prize Winners will be notified by email using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite reasonable efforts, any potential Prize Winner(s) does not respond within (5) business days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable such Prize Winner will forfeit his or her prize and an alternate winner may be selected. The grand prize winner must be confirmed in order for the Friend who referred them to also win. If the grand prize winner is not confirmed the Friend who referred them is not a potential prize winner. If any potential Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential Prize Winner will be disqualified and an alternate Prize Winner may be selected.
GENERAL PRIZE RESTRICTIONS/CONDITIONS: BY ENTERING, EACH ENTRANT
AGREES for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless, Instagram, Inc., Wellements LLC, Administrator, and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
6. PUBLICITY RELEASE: Acceptance of any prize constitutes Prize Winner’s permission for the Promotion Entities to use Prize Winner’s name, photograph, image, likeness, voice, biographical information, statements and complete address (collectively, the “Attributes”), for
advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter desired, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities from all claims arising out of the use of such Attributes.
7. DISQUALIFICATION/FORCE MAJEURE: Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, submissions or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive emedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
8. LIMITATION OF LIABILITY: Sponsor, Administrator and the Promotion Entities are not responsible for, and entrant hereby releases Sponsor, Administrator, and the Promotion Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes and (vi) use of any prize.
9. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Arizona; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona.
10. WINNERS LIST/OFFICIAL RULES: To obtain the name of the winners, send a selfaddressed stamped envelope to:
Wellements Valentine’s Contest
6263 N. Scottsdale Road, #125
Scottsdale, AZ 85250
All such requests must be received by 5/3/15.