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The "Mott's Mom of the Month" Contest (the "Contest") is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. Do not participate in the Contest if you are not a legal resident of the United States or physically located in the United States at the time of entry or do not fall within the eligibility requirements set forth in the Official Rules below.
PROMOTION DESCRIPTION The Contest begins on or about June 3, 2009 and ends on June 30, 2009 (the "Promotion Period"). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of SheKnows, LLC ("Sponsor"), 16101 North 82nd Street, Suite A9, Scottsdale, AZ, 85260, which shall be final and binding in all respects.
ELIGIBILITY:: Only legal residents of the fifty (50) United States (and the District of Columbia) who are eighteen (18) years of age or older and located in the United States at the time of entry are eligible to enter. Sponsor, Motts, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (and immediate family members and those persons living in the same household of any such officers, directors and employees) (collectively, the "Promotion Entities"), are ineligible to enter the Contest or win the prize.
HOW TO ENTER: To enter online, visit the web site http://motts-mom-of-the-month.sheknows.com (the "Website") and complete the entry form. All entries must be actually received by no later than the end of the Promotion Period in order to participate. The Website's database clock will be the official time keeper for this Contest. No limit per entry per person and/or per e-mail address, yet each entry must be unique. Submitting the same entry multiple times will not be considered. All requested information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Any communication, data or other information transmitted by an entrant in connection with the Contest, whether by electronic mail, data survey/query or otherwise, is and will be treated as non-confidential and non-proprietary. Entries become the exclusive property of the Sponsor and will not be returned. By submitting an entry, each entrant grants and hereby irrevocably assigns (and represents and warrants that it has the right to grant and irrevocably assign) to Sponsor all right, title, and interest in and to the entry, data and/or other information collected, which shall include, without limitation, the exclusive right to reproduce, publish, exhibit, perform, display, edit, modify, adapt, use, assign, transfer, create derivative works of, distribute, sell, or otherwise exploit the entry, data, or other information collected, or any part thereof, together with any other material, in any and all media whether now or hereafter known (including, without limitation, online media), for any lawful purpose, including, without limitation, all commercial purposes, in perpetuity, throughout the universe, at no charge to Sponsor and without compensation to the entrant.
NOTE: Internet entry must be made by the entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited.
WINNER NOTIFICATION: The winners will be selected randomly with final approval by the Sponsor. The decisions of Sponsor are final. The potential winner will be notified by telephone and/or mail and/or email using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is not received by the potential winner for any reason. For the name(s) of the winner(s), send a self-addressed stamped envelope, which must be received by no later than July 15, 2009 to the Sponsor at its above address.
PRIZE/ODDS: One (1) Grand Prize is available. The Grand Prize winner will receive the Grand Prize consisting of one (1) $500 check. The approximate retail value of the Grand Prize is $500. Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed except that Sponsor retains the right to substitute a prize of comparable or greater value (or at Sponsor's election, the cash value of the applicable prize) in the event a stated prize is unavailable, in whole or in part, for any reason. Odds of winning depend on the number of eligible entries received during the Promotion Period and the quality of your submission, as determined by Sponsor in its sole and absolute discretion.
GENERAL PRIZE CONDITIONS: The winner shall be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded. Winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is not of legal age of majority in his or her state of residence (a "minor"), at Sponsor's option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a winner (or, in the case of a minor, such minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
GENERAL RELEASE: Acceptance of a prize constitutes winner's permission for Promotion Entities to use winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant agrees that the Promotion Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from Entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. In the event of a dispute as to the identity of an entrant which cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
By entering the Contest, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the sweepstakes or contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
MISCELLANEOUS: Sponsor is not responsible for lost, late, stolen, misdirected, mutilated or illegible videos nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of video materials or for technical, network, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive videos by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If for any reason, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes, the administration, security, fairness, integrity or proper conduct of the Contest is corrupted or affected, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. In addition, if for any reason, in its sole discretion, Sponsor determines that the Contest should not or cannot be run as planned, Sponsor may cancel, terminate, modify or suspend the Contest.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, that determination shall not affect the remainder of these Official Rules, which shall be construed in accordance with their terms as if they did not contain the invalid or illegal provision.
All decisions of the Sponsor related to the Contest are final and binding, without appeal.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, SPONSOR, AND PROMOTION ENTITIES IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
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