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Baby Einstein - Prizes and Surprises Official Rules
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BABY EINSTEIN "PRIZES AND SURPRISES" SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. PURCHASE WILL NOT ENHANCE CHANCES OF WINNING.
1. Eligibility:
To enter and be eligible to win one of the prizes, entrant must be, at the time of entry: (a) a natural person who is a legal resident of, and currently living in, one of the 50 United States, the District of Columbia or Canada (excluding the Province of Quebec); and (b) 18 years of age or older (and not a minor in his or her state/province of residence); and (c) must currently be, or sign up to become a registered member of the Baby Einstein site (www.babyeinstein.com) by following the online instructions on the registration page (membership is free) and (d) must not be an employee or director, or IRS dependent, immediate family member or individual residing in the same household of, an employee or director, of Sponsor, Administrator or their respective subsidiaries and affiliated companies, advertising, promotion, or production agencies, web masters or web suppliers. Void in Puerto Rico, the Province of Quebec and where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules (“Official Rules”) and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Baby Einstein “Prizes and Surprises” Sweepstakes (“Sweepstakes”). Winning is contingent upon fulfilling all requirements set forth herein.
2. Sponsor:
The Baby Einstein Company, LLC. 500 South Buena Vista Street, Burbank, California 91521. Administrators: Brian Unlimited Distribution Company, 13700 Oakland Avenue, Highland Park, MI 48203 and Gage Marketing Group, LLC, 10000 Highway 55, Minneapolis, MN 55441.
3. Timing:
Sweepstakes begins at 12:01 p.m. Pacific Time (“PT”), August 22, 2011 and ends 12:01 p.m. PT, September 16, 2011 (“Sweepstakes Period”). Administrator’s computer will be the official clock for the Sweepstakes. Normal internet access and usage charges imposed by your online service will apply.
4. How to Enter:
During the Sweepstakes Period, visit www.BabyEinstein.com (“Website”) and follow the online instructions to enter the Sweepstakes. Complete and submit the registration, including a valid home address, email address and phone number. P.O. boxes are not permitted. You will also be asked to confirm you meet eligibility requirements and have read and agree to the Official Rules. Once submitted, entries become the exclusive property of Sponsor and will not be acknowledged or returned.
Limit: Each entrant may enter the Sweepstakes one (1) time total. Multiple entrants are not permitted to share the same e-mail address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void entrant’s entries and that entrant will be disqualified. Any use of any robotic, automatic, programmed or like entry methods will void all entries affected by such methods and be deemed tampering. ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
5. Winner Selection:
A random drawing will be conducted by an independent judging organization, whose decisions are final and binding in all matters relating to the Sweepstakes, on or about September 19, 2011 from among all eligible entries received. By participating, entrants agree to abide by and be bound by these Official Rules and the judge’s decisions. Winners will be notified on or about September 23, 2011 by mail, email or telephone. Before a Canadian entrant is declared a winner, the selected entrant must first correctly answer without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question to be administered at a mutually convenient time by telephone. All potential winners must be able to receive telephone calls from an unlisted and/or blocked number. Limit one prize per person/household.
6. Prizes & Approximate Retail Values (ARV):
6. Prizes & Approximate Retail Values (ARV): GRAND PRIZE: FIVE (5) GRAND PRIZES consisting of one (1) Baby Einstein products package. ARV: $500 US/$494.46 CAD. FIRST PRIZE: TEN (10) FIRST PRIZES consisting of one (1) World of Rhythm Discovery Kit. ARV: $19.99 US/$19.77 CAD. Total ARV: $2,699.90 US/$2,670.01 CAD of all prizes. Sponsor will determine the Baby Einstein items in the products package at its sole discretion. No prize transfer or cash substitutes allowed except at Sponsor’s sole discretion due to prize unavailability for any reason and only then for prize of equal or greater value. Taxes on prize are solely the responsibility of winner. Odds of winning will depend upon the number of eligible entries received by the entry deadline.
7. Limitations on Liability:
Entrants agree that Sponsor, Administrator, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively "Released Parties") will have no liability whatsoever, and shall be held harmless by entrants, for any injuries, claims, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes, or entrant’s failure to comply with the Official Rules. The Released Parties shall not be liable to any winner or any other person for failure to supply any prize(s) or any part thereof, 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 the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, 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 the Released Parties’ control. The Released Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries; or for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility; or for miscommunications, failed computer, telephone or cable transmissions, lines, or technical failure; or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind whether human, mechanical, electronic, technical or network; or for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information; or for any misdirection or delay of any e-mail to be received on account of technical problems or traffic congestion on the Internet or Website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading or uploading any materials from the Sweepstakes; or for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.
8. General Conditions:
Persons who tamper with or abuse any aspect of the Sweepstakes as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such entrant's eligibility. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding prize claims or entries received from multiple users having the same email Address, the authorized subscriber of the email Address at the time of entry used to enter, and not the name on the entry form, will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the Address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Any use of micro, automatic, programmed, robotic, or like entry methods will void all such entries by such methods, and entrants using such methods will be disqualified.
Except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission for the Released Parties and those acting under their authority to use his/her name, photograph, voice, likeness, and/or statements made by or attributed to winner in all media now known or hereafter discovered, worldwide, including, without limitation, on the World Wide Web, without notice, review or approval.
If any prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited and an alternate winner will be randomly selected. Noncompliance with any of the foregoing may result in disqualification and awarding of prize to an alternate winner. Winners shall be responsible for all taxes associated with the receipt and use of prizes and Sponsor or Administrator shall issue tax reports as required by law.
As a condition to receiving a prize, the potential winners will be required to sign and return to the Sponsor within the time specified by Sponsor: (1) proof of age, identity and residency in the form satisfactory to the Sponsor; (2) an affidavit of eligibility/liability and publicity release/prize acceptance (where legally permissible); (3) an assignment of rights, if required; and (4) any such other documentation as the Sponsor may require in its sole discretion. Any potential winner, who does not execute and return all such documentation within the required time frame, will forfeit their prize and the Sponsor may randomly select another potential prize winner.
The Sponsor may assign all rights granted by you hereunder to any party at Sponsor’s sole discretion.
9. Disputes/Choice of Law:
Except where prohibited, each entrant agrees that this Sweepstakes shall be governed by the laws of the State of California and: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Los Angeles, California (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
10. Privacy:
The registration information you provide will be used to administer this Sweepstakes in accordance with the terms of Sponsor’s Privacy Policy, we also use this information to provide you with a more personalized experience, including future recommendations and promotions that may be of special interest to you. Please review Sponsor’s Privacy Policy by clicking on the “Privacy Policy” link on the Website.
11. Winners List:
For an additional copy of these Official Rules or the names of the Winners, send a self-addressed stamped envelope to: Brian Unlimited Distribution Company, Baby Einstein “Prizes and Surprises” Sweepstakes Winners/Official Rules (specify which), P.O. Box 8148, Royal Oak, MI 48068-8148. Requests received after September 25, 2011 will not be honored. Canadian residents may omit return postage.
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