“Cloth Diaper Photo” Contest
Sponsored by (“Happy Heiny”).
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Contest begins at 12:00 AM Pacific Time (“PT”) [March 31, 2014] and ends at 11:59:59 PM PT [April 14, 2014] (the “Contest Period”).
1. Eligibility: The “Cloth Diaper Photo” Contest (the “Contest”) is open to legal residents of the US and Canada, aged eighteen (18) or older as of the date of entry, who have an active e-mail account and Internet access. Employees of Mothering.com, Mothering.com’s parent company, affiliates, subsidiaries, advertising, promotion, fulﬁllment or other coordinating agencies, individuals providing services to Mothering.com. 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 be an “Eligible Entry” the Member must:
(i) Be a registered Member of Mothering.com
(ii) Post a picture in the Cloth Diaper Photo contest thread
(iii) Post each photo in a separate, distinct post.
(iv) Share the contest with family and friends by email or social media
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, which is comprised of members of Mothering’s senior editorial team. The Submissions will be judged according to the following equally weighted factors: number of thumbs up by the community members in the thread as well as overall participation in the thread. The decisions of the judges will be final. 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, Mothering.com 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 Mothering.com and Huddler, Inc. Entrant agrees to execute and deliver such documents and provide all assistance reasonably requested by Mothering.com to give to Mothering.com and Huddler, Inc the full benefit of the rights granted to Mothering.com and Huddler, Inc by entrant. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Mothering.com and Huddler, Inc., 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 Mothering.com, and Huddler, Inc.
4. Prizes and Odds: The prizes to be awarded from the Contest are as set forth below:
a. One grand prize will be awarded to the winner: a stash of Happy Heiny diapers valued at $532.35
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 Mothering.com and Huddler, Inc. for a prize of equal or greater value. Mothering.com and Huddler, Inc. will not replace any lost or stolen prizes.
5. Notification of Winners: Judging will take place on or about April 18, 2014. Each potential prize winner will be notified by e-mail to the email address associated with his or her Mothering account profile from which the Submission was made on or about [April 19, 2014 )Without limiting any other terms of these Official Rules, if a potential winner cannot be contacted, is ineligible, OR fails to claim a prize, 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 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. Mothering.com, Huddler, Inc., 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). Mothering.com and Huddler, Inc., 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. Mothering.com and Huddler, Inc. reserves the right to disqualify any entrant or winner, as determined by Mothering.com and Huddler, Inc., 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 Mothering.com and Huddler, Inc. 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 Mothering.com and Huddler, Inc’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 Mothering.com OR Huddler, Inc 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 Mothering.com 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 Mothering’s newsletters, Mothering.com, and Huddler, Inc. websites and social networking webpages without additional compensation. All entries, as applicable, become property of Mothering.com and Huddler, Inc. and none will be acknowledged or returned.
9. Winner’s List: For a list of prize winners send your request and a stamped, self-addressed envelope to Mothering.com, “Cloth Diaper Photos” Contest, 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.