MomClone Create a Gatherings Event and Send It 2017 SWEEPSTAKES OFFICIAL RULES
MOMCLONE CREATE A GATHERINGS EVENT AND SEND IT 2017 SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 13 BELOW AND YOU WAIVE THE RIGHT TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH WILL BE FINAL IN ALL RESPECTS.
The MomClone Create a Gatherings Event and Send It Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States who are eighteen (18) years or older at the time of entry and have reached the age of majority in his/her state at time of participation, whichever is older. Void where prohibited by law. Employees of MomClone, LLC and/or any of its affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution, or distribution of the Sweepstakes and their respective immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’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.
The Sweepstakes is sponsored by MomClone, LLC, 1187 Coast Village Road, Suite 1-775, Santa Barbara, CA 93108 (“Sponsor”).
3. Sweepstakes Entry Period
The Sweepstakes begins on November 8, 2017 at 12:00:01 a.m. P.T. and ends at 11:59:59 p.m. E.T. on December 10, 2017 (the “Sweepstakes Period”).
4. How to Enter
There is one (1) way to enter. During the Sweepstakes Period, participants will automatically receive one (1) entry (an “Entry”) by creating an Event using the MomClone Gatherings Tool and Sending the Invites for the Event at https://app.momclone.com. To accomplish this, the entrant must first create an account by providing entrant’s email address and other account information requested by Sponsor (an “Account”) and receiving confirmation that an Account, and then an Event have been created. Limit one (1) Entry MomClone Account during the Sweepstakes Period, regardless of entry method. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Events and/or emailed requests, which will be disqualified.
5. Winner Selection
Each Entry will be assigned a number (the “Entry Number”). On or about December 11, 2017, Sponsor will select one (1) winning Entry (the “Winning Entry”) for the grand prize described below in a random drawing using a computer random number generator to select a number from among all valid Entry Numbers generated by Sponsor. An email notification will be sent to the email address associated with the Winning Entry with instructions on how to respond to Sponsor to claim a prize (a “Notification”). Failure to respond to the Notification within five (5) calendar days of its being sent may, in Sponsor’s sole discretion, result in disqualification and a new potential grand prize Winning Entry may be selected by Sponsor from all remaining Entry Numbers.
6. THE POTENTIAL SWEEPSTAKES WINNER MAY BE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
7. Verification of Potential Winner
The potential grand prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential prize winner may be required to produce to Sponsor for Sponsor’s receipt within five (5) calendar days of the date Notification is sent, an affidavit of eligibility and liability/publicity release (except where prohibited), and proof of being the Entrant. If a potential winner(s) cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release, or if the prize or other prize communication is returned as undeliverable, potential winner(s) forfeits prize.The Sponsor is 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 Entrant’s email or other account to receive messages. The Sponsor is not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify a potential Winning Entry. In the event that a potential winner(s) of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
8. Grand Prize
One (1) grand prize will be awarded. The Grand Prize Winner will receive a one (1) $1,000.00 Amazon gift card. Approximate retail value is $1000.00. Odds of winning depend on the number of eligible entries received. Prizes are non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state, and local taxes, if any, related to a prize are the responsibility of the individual winner. The Grand Prize 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 the Grand Prize Winner for the actual value of the Prizes received. Any unclaimed Prizes will be forfeited. Each Prize, if legitimately claimed, will be awarded.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor, and their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, members, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Subject to applicable law, each Winning Entry of the Sweepstakes, 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 Sweepstakes, 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 Grand Prize to the Winning Entry.
11. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor is not responsible for late, lost, misdirected, or postage due mail. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the Entry Numbers, or the operation of the Sweepstakes, or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry and/or Entry Number is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
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 Sweepstakes, 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 SWEEPSTAKES, 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 SWEEPSTAKES, 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).
13.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 Sweepstakes 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 protected]
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.
15. Sweepstakes Results
For Sweepstakes results, send a hand-printed, self-addressed, stamped envelope to MOMCLONE CREATE A GATHERINGS EVENT AND SEND IT 2017 SWEEPSTAKES Winner’s List c/o MomClone, LLC, 1187 Coast Village Road, Suite 1-775, Santa Barbara, CA, 93108. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Sweepstakes Entry Period.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Linked In, Pinterest, or Twitter.