Baby Registry Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
THIS SWEEPSTAKES IS OFFERED ONLY IN THE 50 STATES OF THE UNITED STATES (”U.S.”) AND THE DISTRICT OF COLUMBIA (”D.C.”) (VOID WHERE PROHIBITED OR RESTRICTED BY LAW), AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU ARE NOT A PERMANENT LEGAL RESIDENT OF ONE OF THOSE AREAS. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY.
1. Eligibility: The IncrediBundles.com Baby Registry Sweepstakes (”Sweepstakes”) is only open to permanent legal residents of the 50 states of the U.S. and D.C., who are physically located and residing therein, and who are 18 years of age or older as of time of entry. Entrants must possess either a valid social security number or a valid U.S. personal tax identification number to participate. Employees, officers, and directors of IncrediBundles.com LLC (”Sponsor”), any agents acting for, or on behalf of the above entities, and each of the foregoing entities respective parents, officers, directors, subsidiaries, affiliated and/or related companies, licensees and service providers, prize suppliers, and advertising and promotion agencies and Sponsor-authorized designees and those involved in the production, development, implementation or handling of the Sweepstakes and those associated with the design, administration, and/or fulfillment of the Sweepstakes (collectively, “Sweepstakes Entities”), and members of the immediate families of such persons (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to enter this Sweepstakes.
2. Sweepstakes Description: This Sweepstakes begins at 12:00 p.m. Eastern Time (”ET”) on January 1, 2016, and ends at 11:59 p.m. ET on December 31, 2016 (”Sweepstakes Period”). This Sweepstakes has available one (1) Grand Prize as outlined in paragraph 4. As part of the entry process for this Sweepstakes, prospective entrants are asked to create a baby registry on IncrediBundles.com and share it with their friends and family. The potential winning of any prize is subject to verification, as set forth below.
3. How to Enter: In order to enter the Sweepstakes, access the Sweepstakes Web site located at http://incredibundles.com/baby-registry-sweepstakes (”Website”) and follow the online instructions to create an account with IncrediBundles.com and set-up a baby registry. Information required on the Sweepstakes entry form consists of your First Name, Last Name, Street Address, City, State, Zip Code, Phone Number (including area code), Email Address, Username and Password (collectively, “Entry Information”). All required Entry Information must be completed in full. You will receive one (1) entry into the Sweepstakes after you have successfully submitted your Entry Information and created a baby registry (”Sweepstakes Entry”). If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Limit one (1) Sweepstakes Entry per person and per email address. Multiple Sweepstakes Entries submitted by the same person in excess of this limit will be disqualified. All Sweepstakes Entries must be received by 11:59 p.m. ET on December 31, 2016. The Website’s computer is the official clock for all purposes of this Sweepstakes. Proof of submitting a Sweepstakes Entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. Any attempted form of entry into this Sweepstakes other than as described herein is void.
4. Prizes/Odds of Winning: One (1) Grand Prize winner will receive the following products from IncrediBundles.com: (i) A Year of Toys (Retail Value $495), and (ii) A Year of Books (Retail Value $245), and (iii) A Year of Diapers (Retail value $719). The prize is non-transferable. The total retail value of the Grand Prize is $1,459. Odds of winning any prize depend on the total number of eligible Sweepstakes Entries received during the Sweepstakes Period. No substitution, cash equivalent or transfer for any prize, except that Sponsor, at its sole discretion, may substitute a prize with a prize of equal or greater value, whether due to the unavailability of a prize, or for any other reason. All expenses not specifically mentioned as being included are excluded and are each winner’s sole responsibility. Any depictions of prizes are for illustrative purposes only. All federal, state, or other taxes (if applicable) including, without limitation, income taxes, are the sole responsibility of each winner. Grand Prize winner will receive an IRS form 1099 from the Sponsor for the total ARV of the Grand Prize (stated herein) for the calendar year the Grand Prize was won. Limit one (1) prize per person per household.
5. Drawing and Notification of Winners: Potential winners will be randomly selected from all eligible Sweepstakes Entries received in a drawing to be held on or about January 10, 2017 (”Drawing Date”) by the Sponsor. Potential Grand Prize winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be notified by email at the email address provided on his/her Sweepstakes Entry within approximately two (2) weeks of the date his/her name was randomly selected. If a potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, he/she cannot or does not comply with these Official Rules, and/or his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified, and, an alternate potential winner for that prize may be selected (at Sponsor’s sole discretion) from all remaining eligible Sweepstakes Entries received. Potential Grand Prize winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) will be required to execute and return a notarized original unmodified Affidavit of Eligibility / Release of Liability and (except where prohibited) Publicity Release form and an IRS Form W-9 within five (5) business days of the date of receipt of such documents along with any additional documentation the Sponsor may require. Where the potential Grand Prize winner is a minor in the jurisdiction where he/she resides, the parent or legal guardian must provide written consent on such forms. Potential Grand Prize winner’s failure to return all completed and required forms in this five (5) business day time period may result in the potential Grand Prize winner being disqualified and an alternate Grand Prize winner may be selected at Sponsor’s sole discretion. If delivery of the Affidavit of Eligibility / Release of Liability and Publicity Release forms or any element of the Grand Prize is returned as undeliverable for any reason, the potential Grand Prize winner shall be disqualified and Sponsor may decide, at its sole discretion, to award the Grand Prize to an alternate Grand Prize winner selected from the remaining eligible Sweepstakes Entries. If a respective prize winner is a resident of a jurisdiction that deems him/her to be a minor, his/her prize will be awarded in the name of his/her parent/legal guardian. All prizes and Grand Prize notification/documents will be mailed/shipped to street addresses located within the 50 states of the U.S. or D.C. only.
6. General Conditions: This Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively “Rules and Laws”). Once submitted, Sweepstakes Entries will not be returned and Entry information becomes the sole property of Sponsor and will only be used to the extent described herein. Notwithstanding anything to the contrary in Sponsor’s privacy policy located at http://www.incredibundles.com/Privacy-Policy.html, except where prohibited by law, a participant who submitted his/her Entry information and/or a winner’s acceptance of a prize constitutes permission of such entrant or winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) for Sweepstakes Entities to use winner’s first name and initial of last name, city and state, without notice or further compensation, worldwide, in perpetuity, in any and all forms of media, now known and hereafter devised, including, but not limited to, without limitation, on the Web Site, for prize fulfillment and possible winner announcement. By returning a completed Affidavit/Release, Grand Prize winner attests to the provisions stated therein including compliance with these Official Rules. Additionally, by opting-in to specific offers from any of the Sweepstakes Entities, Entry information will be subject to their respective privacy policies and terms of service and entrant agrees to receive email and possibly U.S. mail communication from those companies regarding company news and promotions. Opting-in to specific offers does not improve one’s chances of winning. The privacy policy for any Sweepstakes Entity participating in an opt-in will be accessible from the Sweepstakes entry form, as applicable. Entry information will not be sold. Entry information will not be provided to any other entity other than as described herein or as stated in the opt-in offer on the entry form. Sponsor reserves the right, in its sole discretion, to disqualify any individual it (or its authorized designee hosting the Website) finds to be: (i) tampering with, as applicable, the entry process or otherwise with the operation of the Sweepstakes (including, but not limited to, the use of automated computer programs or any non-human mechanism, entity, or device), the Website, or any Web page or Web banner ad related to the Sweepstakes; (ii) acting in violation of the Official Rules; (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; or (iv) otherwise in violation of law. Any person attempting to defraud any of the Sweepstakes Entities or in any way tamper with the Sweepstakes will be ineligible to win a prize and Sponsor will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. If, for any reason, the Sweepstakes or the Website (or any portion thereof) becomes corrupted, or is not capable of running as originally planned, or does not allow the proper playing of the Sweepstakes and processing of Sweepstakes Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes or the granting of a prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof and to conduct the drawing and award prizes from all eligible, salvageable Sweepstakes Entries received (if any), prior to and/or after (as appropriate) the action taken by Sponsor or otherwise in a manner that is fair and equitable as determined by Sponsor in its sole discretion. In case of a dispute over the identity of an entrant who submitted a winning Sweepstakes Entry, at Sponsor’s sole discretion, the authorized account holder of the email address account associated with that Sweepstakes Entry will be deemed the entrant. The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other on-line organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must comply with these Official Rules and, at Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.
7. Limitation of Liability: Sweepstakes Entities are not responsible or liable for and will deem ineligible, entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device) or by someone other than the entrant whose information is submitted to receive an entry, entries in excess of the stated Sweepstakes Entry limit, or for Entry Information that is illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered or otherwise not in compliance with these Official Rules, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entry Information in the Sweepstakes, or for failure to receive Entry Information due to transmission failures or technical failures of any kind and such Sweepstakes Entry will be disqualified. By entering the Sweepstakes, each entrant (or his/her parent/legal guardian if the entrant is a minor in the jurisdiction he/she resides) irrevocably agrees and acknowledges to be bound by the Rules and Laws, and decisions of the Sponsor which are final and binding in all respects; to forever and irrevocably waive all of his/her rights to claim ambiguity with respect to the Rules and Laws and to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sweepstakes Entities in connection with the Sweepstakes; and to forever and irrevocably release, indemnify, and hold harmless each of the Sweepstakes Entities and their respective subsidiaries, affiliates, officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise from, result from or are in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the entrant’s Sweepstakes Entry, participation or inability to participate in the Sweepstakes, (b) the violation of any privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes promotional materials, (d) acceptance, attendance at, participation in, possession, defects in, use, misuse or inability to use a prize (or any component thereof), (e) misrepresentations of seller, (f) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (g) any interruptions in or postponement, cancellation, or modification of the Sweepstakes or Show, (h) human error, (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Sweepstakes Entry (including, without limitation, the Entry Information or any parts thereof), (j) any system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by any of the Sweepstakes Entities or by an entrant, (k) interruption or inability to access the Sweepstakes, the Website or any other Sweepstakes-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other destroyed, incomplete, undeliverable or damaged Sweepstakes Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, (o) any wrongful, negligent, or unauthorized act of omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) or any other cause, condition, or event whatsoever beyond the control of Sweepstakes Entities or their parents, subsidiaries, and affiliated companies. Each entrant (and his/her parent/legal guardian if the entrant is a minor in the jurisdiction he/she resides) hereby acknowledges that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes or any component thereof. In the event that a prize provider is unable to provide a product or service after a reasonable duration has passed since Sponsor’s obligation of prize had been fulfilled, whether due to any reason, including, but not limited to bankruptcy, the Sponsor is not responsible for replacement or substitution of said prize. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
8. ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW: ANY CONTROVERSY OR CLAIM ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO (i) THE SWEEPSTAKES, (ii) THE AWARDING OR REDEMPTION OF ANY PRIZES AND/OR (iii) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE OFFICIAL RULES OR THEIR ENFORCEMENT ON INTERPRETATION SHALL BE GOVERENED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. BY SUBMITTING A SWEEPSTAKES ENTRY, EACH ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN IF THE ENTRANT IS A MINOR IN THE JURISDICTION HE/SHE RESIDES) AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN WESTCHESTER COUNTY, NEW YORK BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH NEW YORK CODE OF CIVIL PROCEDURE. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ENTRANT HEREBY IRREVOCABLY WAIVES ANY RIGHTS OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES, OR ANY ACTIVITY OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION MAY BE UNENFORCEABLE UNDER NEW YORK LAW BUT MUTUALLY INTEND FOR THIS SECTION TO APPLY IN THE EVENT SUCH PROVISIONS LATER BECOME ENFORCEABLE UNDER NEW YORK LAW. THE INTERNAL SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF NEW YORK AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN NEW YORK SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES AND ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR THESE OFFICIAL RULES.
9. Rules/Winners List: For a copy of these Official Rules or the Winners List, send a self-addressed, stamped envelope to: IncrediBundles.com Baby Registry Sweepstakes “Rules”/”Winners List” (specify which), 606 Post Road East, Suite 603, Westport, CT 06880. All requests must be received by January 30, 2017. These Official Rules will also be available on the Website during the Sweepstakes Period.
