Giveaway Rules

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Mom Central Consulting

Overall Giveaway Rules

April 2012

All Mom Central Program Giveaways follow the overall rules outlined below. Specific Giveaway parameters are identified at the time each giveaway is announced.

Official Rules

GIVEAWAY IS OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OR OLDER, AND SHALL BE CONSTRUCTED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE 48 CONTIGUOUS UNITED STATES OR THE DISTRICT OF COLUMBIA. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  YOU MUST HAVE INTERNET ACCESS TO PARTICIPATE.

SPONSOR:

Mom Central, Inc. 55 Chapel Street, Suite 301, Newton, Massachusetts 02458.

Void in Puerto Rico, AK and HI and wherever prohibited.

WHO CAN PARTICIPATE:

All Mom Central Giveaways (the “Giveaway”) are open to all legal residents of the 48 contiguous United States and the District of Columbia, who are 18 years of age or older and have an active e-mail account and Internet access prior to the beginning of the Entry Period (as defined below). The Giveaway is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Giveaway, entrants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”). Employees of Sponsor, Administrator, client program partner, principal, agent, or any organizations responsible for sponsoring, fulfilling or administering the Giveaway or supplying the prizes, and immediate family and household members of such individuals, are not eligible to enter or win.  "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.  "Household members" shall mean people who share the same residence at least three months a year, whether related or not.  Potential winner may be required to provide proof of eligibility upon request prior to prize award. Void in Puerto Rico and where prohibited or restricted by law.

TYPES OF GIVEAWAYS:

Mom Central conducts several types of Giveaways in conjunction with programs executed on behalf of clients. Specific giveaway parameters that pertain to each type of program are listed below; otherwise all provisions listed in these official rules apply.

Twitter Party Giveaways
This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Twitter. Twitter is completely released of all liability from each entrant in this Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not Twitter.

·       ENTRY PERIOD
Mom Central will define the entry period (starting and concluding times) at the time the Twitter Party is announced (the “Entry Period”).

·       HOW TO ENTER
Current Twitter users or those willing to create a Twitter account can enter by following a specific Twitter hashtag (@xxx ) on Twitter and posting a Tweet during the Entry Period with the specific hashtag announced. Only one (1) Twitter account can be used to enter the Giveaway. If it is discovered that you use more than one (1) Twitter account to enter the Giveaway; then (in the sole discretion of the Sponsor) you may be disqualified from the Giveaway and all of your entries voided. The Sponsor is not responsible for late, lost, misdirected, delayed, incomplete, or incompatible entries. The Sponsor may disqualify an entrant for any reason, in its sole discretion.

·       WINNER SELECTION PROCESS
The Sponsor’s designated representative will select six (6) winners in a random drawing every ten (10) minutes from all eligible entries during the entry period. Odds of being chosen as a selected Winner depend on the total number of entries. The Sponsor will Tweet the names of selected entrants from the designated Twitter account handle following the Entry Period on the date designated. Each entrant is limited to one (1) prize.

·       Before being declared a Winner, the selected entrant must respond to Mom Central via Twitter acknowledging the acceptance of the prize as awarded.

·       If the entrant does not acknowledge the acceptance of the prize before the designated date and time, the entrant will be forfeited (and will forfeit any right to his or her prize) and the Sponsor reserves the right, in its sole discretion, to deem the next eligible entrant to be a selected Winner.

 

Facebook Giveaways
This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook. Facebook is completely released of all liability from each entrant in this Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not Facebook. *In order to be compliant with all Facebook regulations, as we understand them, any and all Giveaways and Promotions will be done through the Giveaway or Contest tab on the Mom Central Facebook page and all winners will only be notified via email directly and through our website.

·      ENTRY PERIOD
Mom Central will define the entry period (starting and concluding times) at the time the Facebook Giveaway is announced (the “Entry Period”).

·      HOW TO ENTER

To enter the Facebook Giveaway, follow the directions on how to enter. All entrants who enter during the Entry Period will be entered into a random drawing for a chance to win the item specified. Entrants can only use one (1) email account to enter the Giveaway. If it is discovered that used more than one (1) email account to enter the Giveaway; then (in the sole discretion of the Sponsor) you may be disqualified from the Giveaway and all of your entries voided. The Sponsor is not responsible for late, lost, misdirected, delayed, incomplete, or incompatible entries. The Sponsor may disqualify an entrant for any reason, in its sole discretion. Each entrant is limited to one (1) prize.

 

Gift Guide, Editorial and Viral Giveaways

·       ENTRY PERIOD
Mom Central will define the entry period (starting and concluding times) at the time the Gift Guide/Editorial/Viral Giveaway is announced (the “Entry Period”).

·       HOW TO ENTER
To enter the Gift Guide or Editorial Giveaway, leave a comment on an individual gift guide item and/or article/blog post. To enter the Viral Giveaway, follow the directions on how to enter. All entrants who enter during the Entry Period will be entered into a random drawing for a chance to win the item specified. Entrants can only use one (1) email account to enter the Giveaway. If it is discovered that used more than one (1) email account to enter the Giveaway; then (in the sole discretion of the Sponsor) you may be disqualified from the Giveaway and all of your entries voided. The Sponsor is not responsible for late, lost, misdirected, delayed, incomplete, or incompatible entries. The Sponsor may disqualify an entrant for any reason, in its sole discretion. Each entrant is limited to one (1) prize.

 

Survey Giveaways

·       ENTRY PERIOD
Mom Central will define the entry period (starting and concluding times) at the time the Survey Giveaway is announced (the “Entry Period”).

·       HOW TO ENTER
To enter the Survey Giveaway, simply complete the survey.  All entrants who enter during the Entry Period will be entered into a random drawing for a chance to win the item specified. Entrants can only use one (1) email account to respond to the Survey and enter the Giveaway. If it is discovered that used more than one (1) email account to enter the Giveaway; then (in the sole discretion of the Sponsor) you may be disqualified from the Giveaway and all of your entries voided. The Sponsor is not responsible for late, lost, misdirected, delayed, incomplete, or incompatible entries. The Sponsor may disqualify an entrant for any reason, in its sole discretion. Each entrant is limited to one (1) prize.

HOW TO ENTER OVERVIEW:

All Mom Central Giveaways will include information on how to enter. All entries become the property of Sponsor and will not be acknowledged.  You may be asked to consent to receive promotional e-mails and reminder e-mails from the Sponsor.  Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Giveaway and does not improve your chances of winning.  In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policies of Mom Central. You may opt out of receiving these e-mails at any time. See below for more information on Mom Central’s Privacy Policy.

GIVEAWAY SCHEDULE:

All Mom Central Giveaways will include information on when the Giveaway begins and ends (“Entry Period”) at the time the Giveaway is announced.  Sponsor’s computer is the official clock for the Giveaway.

ELIGIBILITY:

To be eligible: (i) All entries must be submitted by an individual person, and the prize can only be awarded to the person whose name and email address is on the randomly selected entry. All information provided as part of an entry must be in English. Entrant warrants and represents: (a) he/she is the sole and exclusive author and owner of the entry content, including all rights therein (b) entrant has the full and exclusive right, power and authority to submit the entry content and to grant the Sponsor the rights to use the entry content as set forth in the Official Rules; (c) no part of the entry content, including but not limited to the worldwide copyright; (d) no rights in the entry content have been previously granted to any person, firm, corporation or other entity. Sponsor reserves the right in their sole discretion to disqualify any entry content at any time in the event it is determined that the entry content is offensive, inappropriate, fraudulent, not in keeping with Sponsorʼs image or if it is determined that the entrant has not otherwise complied with these Official Rules. Entry content generated by script, macro, or other automated means will be void. If the entry content contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission, any and all releases and consents necessary to permit the use and exhibition of the entry content by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any participant at any time. The Sponsor is not responsible for misdirected, incomplete, lost, late, fraudulent, or inaccurate entries, nor for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems that may limit or affect a personʼs ability to participate in the giveaway, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the giveaway, including, without limitation, errors which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the Giveaway or in any Giveaway-related materials. Proof of entry is not considered proof of delivery or receipt. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Giveaway, Sponsor reserves the right, in their sole discretion, to modify, cancel or suspend the Giveaway. In the event of cancellation, Sponsor reserves the right to judge all eligible, non-suspect entries received prior to the event requiring such cancellation using the random selection procedure outlined below. False or deceptive entries or acts will render the entrant ineligible. Each entrant hereby acknowledges and agrees that the relationship between entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that entrantʼs decision to submit his/her entry to Sponsor for purposes of the Giveaway does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of entrantʼs Submission. By entering this Giveaway, entrant acknowledges and agrees that Sponsor may receive many entries under this Giveaway and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under the terms of this Giveaway and/or other Giveaways staged and/or sponsored by Sponsor, and waive any and all claims entrant may have had, may have, and/or may have in the future, that any entries and/or other works accepted, reviewed and/or used by other entrants and/or Sponsor (or their designees) may be similar to entrantʼs submission. Entrant acknowledges and agrees that Sponsor has not, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrantʼs submission.

Entrants further agree not to knowingly damage or cause interruption of the Giveaway and/or prevent others from participating in the Giveaway. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

METHOD OF DETERMINING WINNERS:

In all Giveaways conducted by Mom Central, a potential winner will be selected in a random drawing by Sponsor from among all eligible entries received during the Entry Period. Each entrant is limited to one (1) prize. The results of such random selection are final and binding in all matters. The merchandise to be given away will be selected by Mom Central in conjunction with client partners, where applicable. The specifics of all aforementioned elements of the Giveaway shall be solely determined by Sponsor. The Winners will be confirmed by U.S. mail, e-mail and/or telephone and must meet all eligibility requirements including the timely execution and return of all necessary releases and documents required by Sponsor.

TAX LIABILITY:

All costs, taxes (including Federal, State, and Local), fees, and expenses associated with acceptance and use of any element of the giveaway prize not specifically addressed above as being awarded are the sole responsibility of the Winners. The winner will receive a 1099 tax form reflecting actual value of any prize valued at $600 or more. No substitution or transfer of prizes permitted, except at the sole discretion of the Sponsor. Sponsor reserves the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at their sole discretion. Winners are responsible for the reporting and payment of all taxes (if any) associated with acceptance and use of a prize not specified herein. Sponsor may disqualify any individuals who attempt to tamper (or who do tamper) with the entry process, violate these Official Rules or act in a disruptive or abusive manner. Odds of winning depend on total number of eligible entries received during the Entry Period.

GENERAL REGULATIONS:

Conditions and Limitations of Liability: By participating in this Giveaway, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects. By participating in this Giveaway, entrants agree to release and hold harmless Sponsor, Administrator and each of their respective parent, subsidiary, affiliated and successor companies, advertising, public relations and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from and against any and all claims or actions of any kind, including but not limited to any claim related to entrantsʼ submission of an entry, entrantsʼ participation in the Giveaway, or for property damage, product liability, wrongful death or personal injury arising out of or relating to possession, acceptance, receipt or use/misuse of the prize, whether under contract, tort or any other legal theory, and agree to indemnify the Released Parties against any liability or expense (including reasonable attorneysʼ fees) arising in connection with the foregoing.

SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE (OR ANY PRIZE ELEMENT), INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Release: By entering, entrants also authorize the Released Parties to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming or promotional material or on a winner's list (if applicable) without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsorʼs sole discretion, without further obligation or compensation. All entries become the property of Sponsor and will not be acknowledged.

Disclosure: By entering, entrants also agree that they will comply with all applicable FTC requirements involving disclosure

Disputes – Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this giveaway, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this giveaway but in no event attorneysʼ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the giveaway, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without regard for conflicts of law doctrine of Massachusetts or any other jurisdiction, and all proceedings shall take place in the City of Newton, County of Middlesex.

Privacy: For Mom Centralʼs complete privacy policy, direct your Internet browser to http://www.momcentral.com/privacy-policy

OFFICIAL RULES OR WINNER LIST REQUESTS:

For a copy of the Official Rules or the Winners’ names, send a self-addressed, stamped envelope to the following address: Mom Central, 55 Chapel Street, Suite 301, Newton, Massachusetts 02458. Indicate “Rules Request” or “Winners Names Request” on the front of your envelope.

 

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