CloneThem! Contest Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 10 BELOW AND YOU WAIVE THE RIGHT TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING THE CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH WILL BE FINAL IN ALL RESPECTS.
The CloneThem! Contest (“Contest”) is sponsored by MomClone, LLC (“Sponsor” or “MomClone”). The Contest provides eligible nominees (each a “Nominee”) the opportunity to compete to become the CloneThem! winning nominee to win (i) a six-month free subscription to all of the then available MomClone Toolkit; and (ii) a $250 gift code toward Sun Basket meal delivery service. The person who nominated the winning nominee (the “Winning Nominator”), will win (i) a three-month free subscription to all of the then available MomClone Toolkit, (ii) a $100 gift code toward Sun Basket meal delivery service.
The Contest is open only to individuals who, as of the time and date of entry: (i) are permanent, legal residents of one (1) of the fifty (50) United States or the District of Columbia (void in Puerto Rico, all U.S. territories and possessions, and all overseas military installations); and (ii) are 18 years of age or older (both Nominator AND Nominee). Nominators and Nominees must maintain access to the Internet throughout the Contest Period (as defined below). All employees, officers, and directors of Sponsor and Sun Basket, and each of their subsidiaries, affiliates, sales representatives, distributors, licensees, prize providers, or agents (all of the foregoing, together with Sponsor collectively, “Contest Entities”), and all of such individuals’ immediate family members (i.e., 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 Contest. By participating in the Contest, each Nominator and Nominee represents and warrants that he or she meets these eligibility requirements and has read, accepts, and will comply with these official rules (the “Official Rules”), and acknowledges that any violation of these Official Rules may disqualify Nominator and Nominee from the Contest.
3. HOW TO ENTER:
During the Contest Entry Period, visit http://bit.ly/CloneThemNominatorForm. You will need to enter a statement of 500 words or less describing why you feel your Nominee should be the monthly Winning Nominee (the “Nominator Statement”), and will need to enter your first name, last name, email address, cell phone number, city/town, state, and read these Official Rules (or have the Official Rules read to you), and click “OK” indicating that you have read and agree to these Official Rules. During the Contest Entry Period (defined below), ten (10) finalists (“Finalists”) will be chosen. You acknowledge and agree that when you click “Done and Submit” you are granting the Contest Entities a limited, non-exclusive, non-transferable, sub-licensable, royalty-free license to use the information you’ve entered, along with the Personal Statement you’re submitting (together, the “Submissions”) for the purpose of the Contest and activities surrounding the promotion and marketing of the Contest, including but not limited to announcing the winners of the Contest on the Contest Entities’ websites and in other marketing materials, and promoting a future contest with the same or similar subject matter or objectives as the Contest. Your Personal Statement must be your original work.
All entries will be subject to confirmation of eligibility. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the Finalists, and from those Finalists, the selection of one (1) nominee winner of the Contest (the “Winning Nominee”) and one (1) nominator winner of the Contest (the “Winning Nominator”)—(together the Winning Nominee and the Winning Nominator are the “Winners”). Decisions of the Sponsor as to the administration of the Contest, interpretation of the Official Rules, and the selection of the Winners will be final.
Limit of one (1) entry per person for the Contest per month. A Nominator may not nominate the same Nominee more than once. If a Nominee is selected as one of ten (10) finalists in a given month, but is not selected as the Winning Nominee, that Nominee’s entry will be considered in the next calendar month. If that same Nominee is not selected as the Winning Nominee in that second calendar month, the Nominee will be eliminated from the contest. All Nominators must have a valid email address and valid cell phone number. All entries must be properly received and recorded by Sponsor’s computer within the Entry Period in order to be eligible to receive a Winning Prize. Only Finalists are eligible to receive the Winning Prize. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged, or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Contest Entities are not responsible for lost, misdirected, misplaced, tampered with, deleted, or invalid entries. Sponsor reserves the right to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
4. CONTEST PERIOD:
This Contest consists of three parts: (1) the Contest Entry Period; (2) the Contest Finalists Judging Period; (3) the Contest Winners Judging Period. The Contest Entry Period will start at 9:00 a.m. Pacific Time (“PT”) on the first day of each month and end at 11:59 p.m. PT on the last day of each month (“Contest Entry Period”). The first month of the contest shall be January 2018. All entries must be submitted by the last day of each month at 11:59 p.m. PT to be eligible to be a Finalist. The Contest Finalists Judging Period will start at 9:00 a.m. PT on the first day of each month and end at 11:59 p.m. PT on fifth (5th) day of each month (“Contest Finalists Judging Period”). The Contest Winners Judging Period will start at 9:00 a.m. PT on sixth (6th) day of each month and end at 11:59 p.m. PT on ninth (9th) day of each month (“Contest Winners Judging Period”). Collectively, the Contest Entry Period, Contest Finalist Judging Period, and Contest Winners Judging Period make up the contest period (“Contest Period”). The time clock of Sponsor’s designated computer administering this Contest is the official clock for this Contest.
The Winning Prize to be awarded to the Winning Nominee in this Contest will consist of:
- A six-month free subscription to all of the then available MomClone Toolkit (approximate retail value (“ARV”): $150)
- A $250 gift code toward Sun Basket meal delivery service. (ARV: $250)
The total approximate retail value (“ARV”) of each monthly Winning Prize for the Nominee is four hundred dollars ($400). The Contest Entities are not responsible for and each Winning Nominee will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material.
The Winning Prize to be awarded to the Winning Nominator in this Contest will consist of:
- A three-month free subscription to all of the then available MomClone Toolkit (ARV: $75)
- A $100 gift code toward Sun Basket meal delivery service. (ARV: $100)
The total approximate retail value (“ARV”) of each monthly Winning Prize for the Nominee is one hundred seventy five dollars ($175). The Contest Entities are not responsible for and each Winning Nominee will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material.
Sponsor will not replace any lost or stolen Prizes. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the Winners with the Prize, Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide Winners with the ARV of such item in cash or award an alternate prize of comparable or greater value. All Prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizing may be fulfilled by a third party.
Each Winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prizes they receive regardless of whether they, in whole or in part, are used. The stated ARV of the Prizes is based on available information provided to Sponsor and the value of any Prizes awarded to a Winner will be reported for tax purposes as required by law. Each Winner will be required to provide Sponsor with a valid social security number before a Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of each Winner for the actual value of the Prizes received. Any unclaimed Prizes will be forfeited. Each Prize, if legitimately claimed, will be awarded. The Contest Entities are not responsible for and will not replace any lost, mutilated or stolen Prizes or any Prize that is undeliverable or does not reach the Winners because of an incorrect or changed address. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Contest Entities will have no further obligation with respect to that Prize or portion of the Prize. No more than the stated Prizes will be awarded.
6. WINNER DETERMINATION, NOTIFICATION, AND PRIZE CLAIMING:
A panel of qualified judges (the “Contest First Round Judges”), will select ten (10) finalists from all Nominees, and then a team of MomClone judges (individuals to be selected by Sponsor in its sole discretion) (the “Contest Finalist Round Judges”) will determine the Winning Nominee with judging to be based on the following criteria: the longevity, leadership, and type of volunteering (50%), and the content, nature, and scope of the Nominator Statement (50%).
Each potential Winning Nominee and Winning Nominator will be notified that they are a potential Winning Nominee and a potential Winning Nominator of the Contest by email on 5th day of each month. Notification is deemed to have occurred immediately upon sending of an email message to the potential Winning Nominee and potential Winning Nominator. Sponsor is not responsible for and will not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential Winning Nominee and a potential Winning Nominator. When each potential Winning Nominee and potential Winning Nominator is contacted, he/she will be required to respond to the notification within five (5) days indicating whether he/she accepts the Winning Prize. If no response is received within the time allotted, an alternate potential Winning Nominee and an alternate potential Winning Nominator will be selected. Each potential Winning Nominee and potential Winning Nominator of the Contest may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the “Prize Acceptance Release“) and return the Prize Acceptance Release within five (5) days of potential Winning Nominee’s and Winning Nominator’s Prize acceptance. If any potential Winning Prize Nominee or Winning Prize Nominator fails or refuses to sign and return such Prize Acceptance Release within five (5) days of potential Winning Nominee’s and potential Winning Nominator’s Prize acceptance, or if the Prize notification email is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winning Nominee or potential Winning Nominator, and the potential Winning Nominee or potential Winning Nominator is unable to be reached by phone, such potential Winning Nominee or potential Winning Nominator (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. The Prize Acceptance Release is subject to verification by Sponsor. The Contest Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Nominee’s or Nominator’s email or other account to receive messages. The Contest Entities are not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify a potential Winning Nominee or potential Winning Nominator.
7. PUBLICITY RELEASE:
Subject to applicable law, each Winning Nominee and Winning Nominator of the Contest, irrevocably grants to Sponsor, and each of its licensees, and its and their successors, assigns and sublicensees, the right and permission to use his/her name (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Winning Prize to the Winning Nominee and Winning Nominator.
8. TAMPERING WITH CONTEST; SUSPENSION, MODIFICATION, AND TERMINATION:
ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE CONTEST WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to modify, change, add to, delete, suspend or terminate these Official Rules, the Contest and/or the Prizes for any reason whatsoever without giving notice to Nominees or Nominators. Sponsor additionally reserves the right, in its sole discretion: (i) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (ii) to disqualify any Nominee or Nominator found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.
9. ENTRANT OBLIGATIONS (WAIVERS, DISCLAIMERS, AND RELEASES):
By entering, you agree THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY AND WILL BE HELD HARMLESS FOR ANY DAMAGE, LOSS, OR INJURY TO A NOMINEE OR NOMINATOR OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS CONTEST OR THE USE OR MISUSE OF ANY PRIZE. By participating, you agree to be bound by the Official Rules and the decisions of the Sponsor (including, without limitation, regarding your qualification, selection of Winning Nominee and Winning Nominator and interpretation of these Official Rules). By participating in the Contest, you agree to release, indemnify, discharge, and hold harmless Contest Entities, and each of their parents, subsidiaries, affiliates, agents, distributors, and each of their respective directors, officers, employees, agents, successors, and assigns (collectively, “Released Parties”), from and against and any and all claims, liability, costs, losses, damages, or injuries of any kind arising out of or related to: (i) your participation or attempt to participate in the Contest; (ii) the inability to upload or download any information in connection with the Contest, or (iii) any Prize or Prize-related activities (including, without limitation, losses, damages, or injuries to your or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or Prize). You assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Contest or use or redemption of a Prize.
Without limiting the generality of the foregoing, no responsibility or liability is assumed by Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or network communication problems; errors or limitations of any Internet or wireless providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the website, in whole or in part, for any reason; unauthorized human or non-human intervention of the operation of the Contest, including, without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility, or unavailability of an email account used in connection with the Contest. The Released Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
10. BINDING ARBITRATION OF DISPUTES:
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND THE RELEASED PARTIES TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Agreement to Arbitrate. You and the Released Parties agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Official Rules or participation in the Contest that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and the Released Parties are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Official Rules.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Official Rules, or by calling the AAA at 1-800-778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Official Rules. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If you choose to arbitrate with the Released Parties, you will not have to pay any fees to do so. That is because the Released Parties will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, the Released Parties will pay that forum’s fees as well.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the Released Parties. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Official Rules. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Released Parties.
Waiver of Jury Trial. YOU AND THE RELEASED PARTIES WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Released Parties are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and the Released Parties over whether to vacate or enforce an arbitration award, YOU AND THE RELEASED PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the Released Parties are entitled to arbitration; instead all claims and disputes will be resolved in a court of law.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor the Released Parties can force the other to arbitrate. To opt out, you must notify the Released Parties in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your email address you used to set up your MomClone account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: MomClone, LLC, ATTN: Arbitration Opt-out, 1187 Coast Village Road, Suite 1-775, Santa Barbara, CA 93108, or email the opt-out notice to email@example.com.
Small Claims Court. Notwithstanding the foregoing, either you or the Released Parties may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with the Released Parties.
11. GOVERNING LAW/LIMITATION OF LIABILITY:
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Contest, will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, MULTIPLE, OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00).
12. INFORMATION SUBMITTED:
As a condition of entering the Contest, Nominee and Nominator, give consent for Sponsor to obtain and deliver Nominee’s and Nominator’s name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information Nominee and Nominator provides to Sponsor may be used to communicate with Nominee and Nominator, in relation to this Contest or on a Contest Winner’s list.
This Contest is sponsored by MomClone, LLC, 1187 Coast Village Road, Suite 1-775, Santa Barbara, CA 93018. Reference to third parties in connection with Prizes or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with the Contest Entities or the Contest. Sun Basket is neither a sponsor nor administrator of the Contest.
15. LIST OF CONTEST WINNERS/OFFICIAL RULES REQUESTS:
To receive a list of Contest Winners or a copy of these Official Rules, send a stamped self-addressed envelope to:CloneThem! Contest, %MomClone, LLC, 1187 Coast Village Road, Suite 1-775, Santa Barbara, CA 93018; Attn: JP Farrell. Contest Winners will also be posted online at https://planhero.com/blog/.