WIN A SNOO SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Information on how to enter, the prizes, and rules for redeeming the prizes form part of the terms and conditions of entry for the Win A SNOO (the “Sweepstakes”). Participation in the Sweepstakes is deemed acceptance of these “Official Rules” (“Official Rules”) and any other notices referenced herein.
In these Official Rules, the term “you” refers to any person who enters, or who wishes to enter, the Sweepstakes.
1. Sponsor: The Sponsor of the Sweepstakes is Unconditional Love Inc. D/B/A Hello Bello, 17383 Sunset Blvd, Pacific Palisades, CA 90272 (“Sponsor”).
2. Eligibility: The Sweepstakes is open only to legal residents of the United States and the District of Columbia who are at least 18 years old or older as of the date of entry and who otherwise meet the requirements set out in these Official Rules. Ineligible groups include: (a) employees of Sponsor its owners, affiliates, subsidiaries, officers, directors, contractors, advertising and promotion agencies, suppliers and their immediate family members (spouse, parents, siblings, children) and/or those living in the same household; and (b) employees of Happiest Baby and its parent company, owners, affiliates, subsidiaries, officers, directors, contractors, advertising and promotion agencies, suppliers and their immediate family members (spouse, parents, siblings, children) and/or those living in the same household.
3. Agreement to Rules: By participating, you agree unconditionally to be bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding as it relates to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Sweepstakes Period: The Sweepstakes begins on Friday, July 5, 2019 at midnight Pacific Standard Time (“PST”) and ends at midnight PST on Wednesday, July 9, 2019 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
5. How to Enter: The Sweepstakes must be entered by tagging two friends in the comments and following @hellobello and @happiest_baby. Entries that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Sponsor. You may enter only one (1) time. Multiple entrants are not permitted to share the same Instagram account. If you attempt to obtain more than one (1) entry by using multiple/different Instagram accounts, identities, registrations, or logins, or through any other methods, Sponsor may exclude you from participating in the Sweepstakes. If you use other fraudulent methods or otherwise attempt to circumvent the Official Rules your submission may be removed from eligibility at the sole discretion of Sponsor.
IMPORTANT NOTE: Standard text messaging, data, and/or other rates may apply to participants who enter the Sweepstakes via a wireless mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
6. Winner selection and notification: The Sweepstakes consists of one (1) individual drawing in which one (1) winner will be randomly selected on June 26, 2019 from among all eligible entries received during the Sweepstakes Period. The random drawing will take place under the supervision of the Sponsor. Winners will be notified via Instagram Direct Message within three (3) days following the winner selection. Sponsor shall have no liability for a winner's failure to receive notices due to winner not checking Instagram Direct Messages, security settings or for winners' provision of incorrect or otherwise non-functioning contact information or incorrect, inactive, or non-functioning Instagram account. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) days from the time the award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Prizes: One (1) winner will receive one (1) SNOO Smart Sleeper (the “Prize”). Total Prize value is $1,295. Actual/appraised value may differ at time of Prize award. The specifics of the Prize shall be determined by Sponsor in its sole discretion. No cash or other prize substitution permitted except at Sponsor's discretion. The Prize is non-transferable. Any and all Prize related expenses, including without limitation any and all federal, state, and/or local income and withholding taxes shall be the sole responsibility of the winner. No substitution of Prize or transfer/assignment of Prize to others or request for the cash equivalent by winners is permitted. Acceptance of Prize constitutes permission for Sponsor to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
IF YOUR BABY HAS BEEN DIAGNOSED WITH A NON-TRIVIAL MEDICAL CONDITION, CONSULT WITH YOUR HEALTH CARE PROVIDER PRIOR TO USING THE PRIZE. YOU HEREBY AGREE THAT YOU WILL NOT USE THE PRIZE IF YOUR BABY CAN PUSH UP ON HANDS AND KNEES OR HAS REACHED 6 MONTHS OF AGE, WHICHEVER COMES FIRST. YOU ALSO AGREE THAT YOU WILL NOT USE THE PRIZE IF YOUR BABY WEIGHS MORE THAN 25 POUNDS. You will maintain the Prize in accordance with all instructions received from Happiest Baby, Inc. from time to time and as usual care for the product. At the end of six months, you will return the Prize to Happiest Baby, Inc. in the same condition as received, excepting normal wear and tear. You must retain Happiest Baby, Inc’s warning and identification labels on the product. You shall not attach the Prize to any real property.
Each potential winner may be required to execute an affidavit or declaration of eligibility, a liability release and (where imposing such condition is legal) a publicity release releasing Happiest Baby, Inc. and each of its related entities from and against any and all claims and obligations in connection with any Prize an entrant may win (collectively, “HB Prize Claim Documents”). The execution and submission of the Prize Claim Documents to Happiest Baby shall be a condition precedent to the potential winner actually receiving the prize supplied by Happiest Baby and the Sponsor. If a potential winner fails or refuses to sign and return to Happiest Baby all HB Prize Claim Documents within three (3) days of receipt of such documents, such winner may be disqualified and an alternate winner may be selected from among the remaining eligible entries. The Prize restrictions/conditions stated herein are not all-inclusive and additional Prize restrictions/conditions, which may be stated in the HB Prize Claim Documents, may apply.
8. Odds: The odds of winning depend on the number of eligible entries received.
9. Rights Granted by you: By entering this Sweepstakes you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review, or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
Sponsor’s Rights to Photos in Posts: By participating in this Sweepstakes, you (a) irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, creative derivative works of, exhibit, and otherwise use your photo as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your photo, or require any further permission for Sponsor to use the photo; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the photo, or any derivative works, infringes any of your rights as creator of the photo, including, without limitation, copyrights, trademark rights, and moral rights.
10. General Conditions: In the event that the operation, security, fairness, or administration of the Sweepstakes is impaired in any way, including, but not limited to, a virus, bugs, non-authorized human intervention, fraud, technical problem, or other causes beyond Sponsor’s control, including but not limited to, fire, flood, epidemic, earthquake, explosion, labor disputes or strike, act of God or public enemy, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order or regulation, or order of any court or jurisdiction, Sponsor may, in its sole discretion (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws 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. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
11. Release and Limitation of Liability: By entering you agree to release and hold harmless Sponsor and its parent company, subsidiaries, affiliates, respective officers, directors, employees and agents, advertising and promotion agencies, partners, representatives, agents, successors, and assigns (the “Released Parties”) from and against any claim or cause of action whether caused by negligence or not, arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to (i) liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, from participation in the Sweepstakes or receipt of or use of any prize (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software, servers, or providers; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service, including any errors on the Instagram platform that may prevent an entrant from entering or receiving direct messages; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (vi) printing errors; or (vii) incomplete, illegible, lost, late, postage-due, misdirected, stolen, or undeliverable mail, including postage due prize notifications. You further agree that Sponsor has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to the prize’s quality or fitness for a particular purpose.
12. Governing Law/Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, including its choice of laws provision.
13. Arbitration Provision: By participating in this Sweepstakes, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive, consequential, indirect, or incidental damages against the entrant or Sponsor and recovery shall be limited to monetary damages actually suffered; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
15. Winners List: To request a copy of the winners’ list or a copy of the Official Rules, please mail your request along with a stamped, self-addressed envelope to: Unconditional Love, Inc., 17383 Sunset Blvd, Pacific Palisades, CA 90272. Requests must be received within seven (7) days of the end of the Sweepstakes Period.