*NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW
1. ELIGIBILITY: The #KidsAreGross giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia (void in Puerto Rico, all U.S. territories and possessions) who are at least eighteen (18) years of age or older as of July 30, 2015 and have a valid email address. Employees of Kinsa, Inc., (“Sponsor”) and J Helgren Media LLC d/b/a The Mommy Bunch (“Host”) and their affiliates, sales representatives, licensees or agents and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the giveaway prize. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the giveaway constitutes your full and unconditional acceptance of these “Official Rules”.
2. GIVEAWAY PERIOD: The giveaway period begins at 12:01 p.m. Eastern Daylight Saving Time (EDT) on July 30, 2015 and ends at 11:59 p.m. EDT on August 21, 2015. (the “Giveaway Period”).
3. GIVEAWAY ENTRY INSTRUCTIONS: To enter the Giveaway each entrant must:
1) Submit a photo to Facebook under one of shares of the Kinsa Dedicated Sponsored Blog Posts published within the Giveaway Period on mommybunch.com with a photo and caption of your kid/s being gross.
Once entrant completes 1) the entrant will receive one (1) entry (“Entry” or collectively “Entries”).
The photo submission must be visible to the public through August 21, 2015 in order to be eligible to win a prize. Sponsor and Host are not responsible for any lost, late, inaccessible, undeliverable or undelivered entries.
Entries (i) must be the original and sole creation of the submitting entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant; (ii) may not have been submitted in any other competition, (iii) may not have been published; (iv) may not infringe upon any third party’s rights, including but not limited to, copyright, patent or trademark, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (v) may not violate any law, rule or regulation; (vi) may not contain any virus, bugs, or other deleterious material; and (vii) may not contain inappropriate content, for example but not limited to, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, or group. Each entrant warrants and represents that his/her Entry complies with all of those conditions. Any non-complying Entry will subject the entrant to disqualification in Host’s sole discretion.
4. AGREEMENT TO OFFICIAL RULES: By participating in the Giveaway, all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor and Host’s decisions, which are final and binding in all matters related to the Giveaway. Winning the prize (described below) is contingent upon fulfilling all requirements set forth herein.
5. SELECTION OF WINNER: One (1) Grand Prize Winner (“Winner”) will be selected at the end of the Giveaway Period in a drawing from the Entries properly submitted throughout the Giveaway Period. Winners will be announced on or about August 24, 2015. Odds of winning are dependent upon the number of eligible Entries received during the Giveaway Period.
One (1) Grand Prize Winners will receive the following prize (“Grand Prize”):
o One (1) $25 gift card to Target
o One (1) Kinsa Smart Thermometer (valued at $29.99)
Host will announce the Grand Prize and Sceondary Prize Winners in a blog post or Facebook post on or about August 24, 2015 and Grand Prize Winner will be contacted at the end of the Giveaway Period. Sponsor or Host will contact the potential Prize Winners through the email address or username provided in connection with the Comment. (“Winner Notification”) The potential Prize Winners must reply to the address specified in the Winner Notification within seven (7) calendar days to claim the Prize. If the potential Prize Winners cannot be contacted during such time or if the Winner Notification is returned as undeliverable; then the potential Prize Winners will be disqualified (and will forfeit all rights to his/her the Grand Prize). The Host or Sponsor reserves the right, in their sole and absolute discretion, to select an alternate eligible Grand Prize Winner in a random drawing from among the remaining eligible entries (in which case the forgoing provisions of this section shall apply to such new selected Grand Prize Winner). After the potential Grand Prize Winner response to the Winner Notification, the potential Grand Prize Winner will be sent an acceptance package to be completed and returned to Host. The Grand Prize Winner will have seven (7) days from the date such acceptance package is received to claim his/her Prize by completing and returning, the Affidavit of Eligibility/Publicity/Liability Release, and the US IRS Form W-9, if applicable. If the potential Grand Prize Winner cannot be contacted, provides incorrect e-mail, is ineligible, does not comply with these Official Rules, fails to claim the Prize, fails to return the completed and executed forms as required, or if the Grand Prize notification is returned as undeliverable, an alternate eligible Winner may, in Sponsor’s sole discretion, be selected. SPONSOR’S AND HOST’S DECISIONS SHALL BE FINAL IN ALL MATTERS PERTAINING TO THIS SWEEPSTAKES. A PARTICIPANT IS NOT A WINNER OF THE GRAND PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
Grand Prize Winner is responsible for any and all applicable federal, state or local taxes that may result from the receipt of any Grand Prize. Grand Prize is non-refundable, nontransferable, and may not be redeemed or substituted for cash. Host and Sponsor reserve the right to substitute the Grand Prize with another prize of equal or greater value.
7. USE OF GRAND PRIZE WINNER’S LIKENESS; WAIVER AND RELEASE; INDEMNITY FROM USE: Except where prohibited by law, by accepting the Grand Prize, each Grand Prize Winner grants the Host a perpetual, worldwide, royalty-free license and right, to publicize, broadcast, display and/or otherwise use the Grand Prize Winner’s name, city, state, biographical material, picture/portrait likeness and/or voice, including the Comment (collectively, “Licensed Rights”) in any media now known or hereafter devised for advertising and publicity purposes, without additional review, compensation, permission or approval of any Grand Prize Winner. Grand Prize Winner agrees that the Sponsor and the Host shall have no liability whatsoever for, and the Grand Prize Winner’s and will defend and hold harmless Sponsor and Host, from any liability resulting from any injury, loss or damages of any kind to persons, including death, and property, or the posting of a any picture, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Grand Prize or participation in this Giveaway. All entries become the sole property of Host and none will be returned. In the event of a dispute, Entries will be deemed made by the authorized account holder of the Twitter or Facebook account submitted at the time of Entry. The “authorized account holder” is deemed the natural person who is assigned to the email address associated with each account. The eligible Grand Prize Winner may be requested to provide Sponsor and Host with proof that the eligible Grand Prize Winner is the authorized account holder of the email address account associated with the winning Entry.
8. LIMITATION OF LIABILITY; WAIVER; GENERAL INDEMNIFICATION: By participating in the Giveaway, each entrant agrees to fully release, forever discharge, hold harmless and indemnify Sponsor, Host, Twitter, Facebook, and their respective parent companies, subsidiaries, affiliates, franchisees, licensees, and the officers, directors, employees, agents, representatives, and assigns of all the foregoing companies (collectively, the “Giveaway Indemnitees”) from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees), damages, losses, injuries, and liabilities (including settlements), brought or asserted by Winner or any third party against any of the Giveaway Indemnitees due to or arising out of: (a) the entrant’s submission in this Giveaway; (b) the entrant’s conduct during and in connection with this Giveaway, including but not limited to any claims of infringement of any trademark, copyright, or other intellectual property rights, right of publicity, right of privacy, or defamation; (c) the quality receipt, possession, use or misuse of any prize; or (3) any travel or activity that is related to the Giveaway or any prize. No liability or responsibility is assumed by Sponsor or Host resulting from any entrant’s participation in or attempt to participate in the Giveaway or ability or inability to upload, or download any information in connection with participating in the Giveaway. No responsibility or liability is assumed by Sponsor or Host for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Giveaway: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Sponsor web site, Host web site, Twitter or Facebook (collectively the “Web Sites”) in whole or in part for any reason; traffic congestion on the internet or the Web Sites; unauthorized human or non-human intervention of the operation of the Giveaway, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Giveaway, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Giveaway. Sponsor and the Host reserve the right to correct typographic, clerical or printing errors in any Giveaway materials. Sponsor and the Host are not responsible for any typographical or other error in the printing of this Giveaway, the administration of the Giveaway or in the announcement of the Winner, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or the Host are prevented from continuing with this Giveaway, or the integrity and/or feasibility of the Giveaway is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s the Host’s control (each a “Force Majeure” event) the Sponsor and the Host shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Giveaway without notice or further obligation. If the Sponsor or the Host, in their discretion, elect to abbreviate, cancel or terminate the Giveaway as a result of a Force Majeure event, the Sponsor and the Host reserve the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official 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 Official 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. If for any reason the Giveaway is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor and Host reserve the right in their respective sole discretions, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway and award the prize from among all eligible entries received prior to cancellation or termination. Sponsor 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, or alteration of, entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND HOST RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. GOVERNING LAW AND JURISDICTION: Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of Wisconsin without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of Wisconsin. Except where prohibited, by participating in this Giveaway, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Giveaway but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.