Best of Mothering 2011 Official Rules

A[SIZE=4][B]Best of Mothering 2011 Product Review Contest
OFFICIAL RULES
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Sponsored by Huddler, Inc. (“Sponsor”).

NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Contest begins at 12:00 AM Pacific Time (“PT”) October 24, 2011 and ends at 11:59:59 PM PT November 28, 2011 (the “Contest Period”).

1. Eligibility: The “Best of Mothering 2011” Contest (the “Contest”) is open to legal residents of the fifty (50) United States or the District of Columbia, aged eighteen (18) or older as of the date of entry, who have an active e-mail account and Internet access. Employees of Sponsor, Sponsor’s parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Contest Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Contest. Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Contest Rules (“Official Rules”). VOID WHERE PROHIBITED.

2. How to Enter: To enter the Contest (i) log-in to your Mothering.com account; and (ii) submit an Eligible Product Review (defined below) by visiting http://www.mothering.com/community/products/ and clicking one of the “product categories” listed below. After identifying a product category and subcategory, click “write a review” to submit your entry (each a “Submission”) during the Contest Period. If you are not already a registered user of Mothering.com you must create an account and become one to enter the Contest.

To be an “Eligible Product Review” the review must:

(i) be created in one of the following “product categories”: Babywearing; Breastfeeding; Homeschooling; Car Seats; Co-sleeping; Cloth Diapers; Natural Health Care; Personal Care: Baby; Personal Care; Mother; Pregnancy & Birth; Nutrition & Good Eating; or Arts & Crafts;

(ii) contain at least one photograph of the applicable product taken by you;

(ii) be at least 100 words in length; and

(iv) not be a product review that you have submitted via a Mothering.com discussion thread.

You may enter as many Submissions as you like during the Contest Period, but each Submission must be about a different product i.e. multiple reviews from an entrant of the same product are not valid.

No mechanically reproduced entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.

3. Prize Drawing: All qualified Submissions will be judged by a panel of Sponsor’s employees who are members of Mothering.com’s senior editorial team with expertise in marketing, parenting and education. The Submissions will be judged according to the following equally weighted factors: (i) clarity; (ii) originality; (iii) the degree to which the review is informative; and (iv) creativity. The decisions of the judges will be final. If any ties must be broken to determine the winner, the judges will choose the tied Submission that is considered the most likely to help a parent make a purchasing decision. A Submission must be an original work of entrant’s own creation and must not have been entered in any other competition. A Submission may not violate the intellectual property or proprietary rights of other parties.

Entrant represents and warrants that any Submission is entrant’s own original work and does not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party copyrights or trademarks. Consequently, Sponsor shall have all rights to copy, edit, publicly display, publicly perform, broadcast, publish and use, in whole or in part, any Submission and any other intellectual property protected or protectable materials submitted by entrant, in any manner without further compensation during and after the Contest Period. Entrant hereby assigns, conveys and transfers and agrees to assign, convey and transfer all, right, title and interest in and to his or her Submission and any intellectual property rights therein to Sponsor. Entrant agrees to execute and deliver such documents and provide all assistance reasonably requested by Sponsor to give to Sponsor the full benefit of the rights granted to Sponsor by entrant. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, or any other person, on the grounds that any use of the Submission as provided herein, infringes any of entrant’s rights as creator of the Submission, including, without limitation, trademark rights, copyrights and moral rights. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor.

4. Prizes and Odds: The prizes to be awarded from the Contest are as set forth below:

a.One (1) First Place Prize: The First Place Prize winner will receive $500 and will have the ability to choose a Designated Non-Profit Organization to which Sponsor will make a donation of five hundred dollars ($500) in the First Place winner’s name.

b.One (1) Second Place Prize: The Second Place Prize winner will receive $250 and will have the ability to choose a Designated Non-Profit Organization to which Sponsor will make a donation of two hundred fifty dollars ($250) in the Second Place winner’s name.

c.One (1) Third Place Prize: The Third Place Prize winner will receive $125 and will have the ability to choose a Designated Non-Profit Organization to which Sponsor will make a donation of one hundred twenty five dollars ($125) in the Third Place winner’s name.

d.Eight (8) Fourth Place Prizes: Each Fourth Place prize winner will receive an Amazon gift card with a value of twenty five dollars ($25).

A “Designated Non-Profit Organization” means any of the 501(c)3 non-profit organizations listed in Schedule A attached to these Official Rules.

For the avoidance of doubt, winners will not receive the donation amount and may not claim the donations as tax deductions. The donation will be made directly by Sponsor to the Designated Non-Profit Organization selected by the winner in the corresponding amount for their winning rank as noted above.

The odds of winning a prize depend on the total number of eligible entries received. No cash or substitution of prizes is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsors will not replace any lost or stolen prizes.

5. Notification of Winners: Judging will take place at Sponsor’s offices on or about [Insert Date]. Each potential prize winner will be notified by e-mail to the email address associated with his or her Mothering.com account profile from which the Submission was made on or about [Insert Date]. Within ten (10) days of the date of the notification email, each potential prize winner may be required to execute an affidavit of eligibility and general release of liability and consent (in writing, if requested) and to choose a Designated Non-Profit Organization. Without limiting any other terms of these Official Rules, if a potential winner cannot be contacted, is ineligible, fails to claim a prize, choose a Designated Non-Profit Organization and/or where an affidavit of eligibility and general release of liability and consent is not timely received, is incomplete or modified, the potential winner(s) will be disqualified and forfeit their right to a prize, and an alternate winner will be selected from remaining valid, eligible Submissions timely submitted. In the event of a dispute regarding who submitted a Submission, the Submission will be deemed submitted by the authorized account holder of the e-mail address associated with the Mothering.com account profile from which the Submission was made. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

6. General Rules: By entering the Contest, you agree to be bound by these Official Rules. Sponsor and any Internet access providers, each of their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees and agents (collectively, “Released Parties”) disclaim any responsibility for incorrect or inaccurate Submission of Submission information, human error, technical malfunctions, lost / delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access any web site or download materials, damage to a user’s computer system (hardware and software) due to participation in the Contest, or late, lost or incomplete Submissions (including entry information). Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to entrants. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion. Any attempt to deliberately damage any web site or undermine the legitimate operation of the Contest is unlawful and subject to legal action by the Sponsor or its designees.

Entrants further agree to release, indemnify, defend and hold the Released Parties, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Sponsor’s control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest.

IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Additional Conditions: Except where prohibited, by participating in the Contest, entrant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, on Sponsor’s websites and social networking webpages without additional compensation. All entries, as applicable, become property of Sponsors and none will be acknowledged or returned.

8. Personal Information: Sponsor may collect personal data about entrants online, in accordance with its privacy policy and as may be more specifically set forth in these Official Rules. Please review these Official Rules and Sponsor’s privacy policy at http://www.mothering.com/community/a/terms-of-service. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and use of their personal information and acknowledge that they have read and accepted these Official Rules and Sponsor’s privacy policy.

9. Winner’s List: For a list of prize winners send your request and a stamped, self-addressed envelope to BOM2011 Contest, Mothering, 525 Market Street, 2nd Floor, San Francisco, CA 94105.

These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in San Francisco, California.

10. Sponsor Address: Huddler, Inc., 525 Market Street, 2nd Floor, San Francisco, CA 94105

[B]Schedule A[/B]

LIST OF DESIGNATED NON PROFIT ENTITIES

American College of Nurse Midwives (ACNM) http://www.midwife.org/
Attachment Parenting International (API) http://www.attachmentparenting.org/
Best for Babes (www.bestforbabes.org)
Breastfeeding USA https://breastfeedingusa.org/
Campaign for Commercial Free Childhood http://www.commercialfreechildhood.org/
Center for Media and Democracy http://www.prwatch.org/
Childbirth Connection http://www.childbirthconnection.org/
Choices in Childbirth http://www.choicesinchildbirth.org/
Doulas of North America (DONA) http://www.dona.org/
Environmental Working Group http://www.ewg.org/
Holistic Moms Network http://www.holisticmoms.org/
International Childbirth Education Association (ICEA)
International Center for Traditional Childbearing (ICTC) http://www.icea.org/
Intact America http://www.intactamerica.org/
Kids in Danger http://www.kidsindanger.org/
La Leche League International http://www.llli.org/
Lamaze International http://www.lamaze.org/
Midwives Alliance of North America (MANA) http://mana.org/
Moms of Color At Home (MOCHA) http://www.mochamoms.org/
Moms Rising http://www.momsrising.org/
Museum of Motherhood http://www.mommuseum.org/
National Vaccine Information Center (NVIC) http://www.nvic.org/
National Organization of Circumcision Information Resources Center (NOCIRC) http://www.nocirc.org/
Organic Consumers Association (OCA) http://www.organicconsumers.org/
Public Citizen http://www.citizen.org/Page.aspx?pid=183
Safe Minds http://www.safeminds.org/