NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
1. SPONSOR:Maternity IP Holdings,232 Strawbridge Drive, Moorestown, NJ 08057(the “Sponsor”).
2. ELIGIBILITY: The Best Gift Ever Sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 United States (including the District of Columbia) who are 18 or older and are currently expecting a child or have a child up to 1 year of age at the time of entry (collectively referred hereafter as the “Entrant;” or Entrant(s) and/or “you”). Employees, officers, directors, agents of the Sponsor and its parent company, Ventura Associates International LLC (“Administrator”), subsidiaries, affiliates, vendors, advertising, promotions, and/or public relations agencies doing business with any of the above, and any other individual or company involved in the development or execution of the Sweepstakes (collectively the “Sweepstakes Parties”) or a family member of any such employee (spouse, parents, siblings and children, regardless of where they reside) or individuals living in the same household of such employees (whether or not related) are not eligible to enter the Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Sweepstakes is void where prohibited by law. Participation constitutes full and unconditional agreement to these Official Rules (“Rules”) and the decisions of Sponsor and Administrator which are final and binding in all matters related to the Sweepstakes.
3. SWEEPSTAKES ENTRY PERIOD:Sweepstakes begins at 12:00:00 a.m. Eastern Time (“ET”) on December 9, 2021 and ends at 11:59:59 p.m. (ET) on December 27, 2021.
5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS: ONE (1) GRAND PRIZE:Winner will receive a video and photo shoot in (or near) winner’s hometown plus a session with a hair stylist and a makeup makeover on the day of video and photo shoot (“video/photo shoot”). The objective of the video/photo shoot is to record winner’s pregnancy announcement, new family, or another milestone moment as determined by Sponsor and winner. ARV of video/photo shoot portion of prize is: $4,000.00. Plus, winner will also receive a $500 Motherhood Maternity Gift Card to purchase Motherhood Maternity styles to wear during the video/photo shoot.Gift card may not be returned or redeemed for cash. No credit or cash given for unused portion. Gift card will not be replaced if lost or stolen. Total ARV of prize: $4,500.00.
Date and location of video/photo shoot will be determined by Sponsor and expected to occur three (3) months after winner is confirmed. Maximum number of people invited to attend photo/video shoot on winner’s behalf is at the sole discretion of the Sponsor based on availability and an imposed government regulation. Prize does not include any ground transportation to/from the video/photo shoot, meals, lodging or any additional expenses not mentioned herein. Prize is not redeemable for cash and is non-transferable. No substitution for prize is permitted for video/photo shoot. All taxes, fees, federal, state, local or other expenses relating to the use, acceptance and possession of prize are winner’s sole responsibility. Winner and any person allowed to attend the video/photo shoot must comply with all security procedure or measures imposed by the Sponsor and/or its coordinator(s)/representatives who reserve its right in its sole discretion to suspend or cancel the participation of winner and/or his/her guest due to non-compliance with any security procedure, or inappropriate behavior or misconduct and/or any imposed regulation as required by the US government. SPECIAL CAUTION: COVID-19: Winner understands and agree that, in response to economic and/or social conditions caused by COVID-19/Coronavirus, the Sponsor may be compelled to cancel the Sweepstakes and/or video and photo shoot with little (if any) advanced notice.
If the video/photo shoot is postponed or canceled, no compensation or substitution will be provided, and the Sponsor shall have no further obligation to the winner other than to supply the remaining portion of prize. If for any reason whatsoever, winner is unable to attend the video/photo shoot for any reason whatsoever after all arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. Each person attending the video/photo shot on behalf of winner, will be required to execute and return a Liability/Publicity Release prior to attend video/photo shoot.
Odds of winning the grand prize depends on the total number of eligible entries received during the Sweepstakes Entry Period.
6. RANDOM DRAWING AND WINNER NOTIFICATION:Potential winner will be selected in a random drawing from all eligible Entries received during the Sweepstakes Entry Period. Random drawing will be conducted on or about January 5, 2022 under supervision of the Administrator, an independent judging organization (“judges”), whose decisions are final and binding in all matters relating to this Sweepstakes. The contact information provided on entry form will be used to notify potential winner who will be required to complete and return a notarized Affidavit of Eligibility and Liability and where permissible, a Publicity Release (“Affidavit/Release”) and an IRS W-9 Form (collectively refer to as “Prize Documents”) which must be received fully-executed within seven (7) days of date printed of notification or he/she will be disqualified and an alternate winner will be selected. If email or mail is returned as undeliverable; or if required information and/or Prize Documents are not returned by the deadline, or if winner cannot accept the prize for any reason, or if winner is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be determined from all eligible non-winning eligible entries received during the Sweepstakes Entry Period who will be subject to the same notification procedure disclosed herein).Prize will be awarded after winner verification and confirmation and fulfilled promptly thereafter.
7. PUBLICITY: Except where prohibited by law, entry and acceptance of a prize constitute permission for Sponsor and its agents to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Furthermore, Sponsor and/or its agents may film, record, take photographs before/during/after the video and photo shoot and may use the resulting footage, recordings or photographs for a range of purposes, including, without limitation, for marketing and promoting and its products and services in any and all media worldwide (including but not limited to social media and all internet platforms). No additional compensation will be provided to winner or guest for any resulting footage.
8. CONSENT AND RELEASE: To the fullest extent possible in law, each entrant, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”): (a) releases and holds Sponsor and all other Released Parties, and their respective employees, officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, actions, losses, costs, damages, consequential damages, liabilities, judgments, settlements and expenses (including without limitation reasonable attorneys' fees); ("Losses") of any kind arising in whole or in part, directly or indirectly, from the Sweepstakes or participation in any Sweepstakes-related activity (including without limitation the removal from the Sweepstakes site of, or discontinuation of access to, any entries or other materials), or resulting directly or indirectly from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy; and (b) indemnifies and holds harmless Sponsor and all other Released Parties, and their respective employees, officers, directors, shareholders, agents and representatives from any and all losses (as defined above) of any kind that may be asserted against or incurred by any Released Party at any time in connection with the entries, or otherwise relating to entrant's participation in the Sweepstakes, including without limitation claims concerning the infringement upon or violation of any intellectual property or other rights. By entering this Sweepstakes, each entrant acknowledges any information provided is received by Sponsor and its Agent.
9. GENERAL TERMS AND CONDITIONS: The Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its absolute and sole discretion. In such event, Sponsor reserves the right to award prize from among the eligible Entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
10. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (i) incorrect or inaccurate information, whether caused by Entrants, publishing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or useor misuse of a prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes, if possible.
11. DISPUTES: Except where prohibited, each Entrant agrees that: (i) any and all disputes, issues, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded (if Entrant is determined a winner) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Moorestown or the appropriate New Jersey State Court located in Moorestown, New Jersey, U.S.A.; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ or legal fees; and (iii) under no circumstances will an Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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/or questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey, U.S.A.
By participating in this Sweepstakes, each entrant expressively waives and relinquishes all rights and benefits afforded by California Civil Code 1542 and does so understanding and acknowledging the significance of this waiver. Section 1542 states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DID NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN, BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTIES.”
13. PRIVACY: By entering, the information each Entrant provides to the Sponsor will be added to the Sponsor’s marketing database. To learn more about the ways Sponsor may use and share your information and about your privacy choices, read the Sponsor’s privacy statement at https://www.motherhood.com/pages/privacy-policy
14. WINNER’S LIST: To request winner’s name (available after January 31, 2022), send a self-addressed, stamped envelope by January 31, 2022 to: Best Gift Ever Sweepstakes Winner List, c/o: Ventura Associates Intl LLC, Dept. DE/MATH, 494 Eighth Avenue, Suite 1700, New York, NY 10001.
15. ADMINISTRATOR: Ventura Associates International LLC, 494 Eighth Avenue, Suite 1700, New York, NY 10001.
©2021 Ventura Associates International LLC