Baby Einstein™ #WeAreBabyEinstein Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. TO ENTER, PARTICIPATE OR WIN THIS SWEEPSTAKES, YOU MUST AGREE TO AND ABIDE BY THESE OFFICIAL RULES. TO ENTER VISIT www.instagram.com/babyeinstein/
This Sweepstakes is void where prohibited or restricted by applicable law, and all applicable local laws and regulations apply. Winners are responsible for any taxes, customs, duties and like amounts connected with the prizes.How to Enter
To enter the Baby Einstein™ #WeAreBabyEinstein ("Sweepstakes") for a chance to win prizes, eligible persons must follow the Baby Einstein™ Instagram page and post an image of their child using the hash tags #WeAreBabyEinstein and #sweepstakes ("Registration") by visiting www.instagram.com/babyeinstein/ ("Sweepstakes Site"). Eligible persons may submit a Registration (each person who does so being hereafter sometimes referred to as an "Entrant") between the dates of July 11, 2016 at 8:00 a.m. EDT and August 31, 2015 at 8:00 p.m. EDT (the "Sweepstakes Period"), after which time the Sweepstakes will be closed and no further entries shall be accepted.
The Sweepstakes is open to all legal residents of the 48 continental United States and the District of Columbia, who are individual persons who are at least eighteen (18) years of age at the beginning of the Sweepstakes Period. Only one (1) Registration per individual is permitted. In the event of a dispute as to the identity of the person who submitted any Registration entry, the Registration will be deemed to be made by the authorized account holder of the e-mail address indicated on the Registration. The authorized account holder is the natural person who is assigned an e-mail address by an Internet service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address in question. Any effort by an Entrant to misrepresent himself or herself through the use of aliases will disqualify that Entrant. Entrants who disregard these Official Rules are not eligible to participate or win. Directors, officers, employees, contractors, agents and representatives(and their immediate family members and persons domiciled with them) of the Sponsor, its parents, affiliates, subsidiaries, advertising and Sweepstakes agencies, or any other company involved with the design, production, execution or distribution of the Sweepstakes, and persons who were awarded a prize or received other Sweepstakes consideration from the Sponsor, its parents, subsidiaries or affiliates within six (6) months prior to the beginning of the Sweepstakes Period are also not eligible. The Sponsor's determination of eligibility, in its sole discretion, shall be final. For the purposes of these Official Rules, the term “immediate family members” is defined as parents, siblings, children and spouses, regardless of where they live.Prizes
(a) There are Four (4) Prizes to be won. Each Prize consists of the following:
- 2-in-1 Lights & Sea Activity Gym & Saucer™ - $119.00
- Rhythm of the Reef Rocker™ - $39.99
- Sea & Explore Walker™ - $49.99
- Neighborhood Friends Activity Jumper™ - $80.99
- Rock, Light & Roll Guitar™ Toy - $14.99
- Driving Tunes™ - $12.99
- Octoplush™ Plush Toy - $19.99
- Rhythm of the Reef Prop Pillow™ - $17.99
- Sea Dreams Soother™ Crib Toy - $39.99
- Take Along Tunes™ Toy - $7.39
- Bendy Ball™ Toy - $6.99
- Discovering Music Activity Table™ - $34.99
- Explore & Discover Soft Blocks™ - $14.99
A winner is not entitled to the monetary difference between actual Prize value and stated approximate Prize value, if any.
Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
Applicable taxes on prizes are the sole responsibility of the winners. Odds of winning are dependent on the number of eligible Registration entries received up to the deadline for each daily draw during the Sweepstakes Period, as indicated in Section 5 below.
3. Conditions of Participation
By entering the Sweepstakes, each Entrant agrees to be bound by these Official Rules and all decisions of the Sponsor, whose decisions will be final. Each Entrant agrees to accept delivery of any prize won based upon availability. In addition, each Entrant represents and warrants that all information contained in his or her Registration entry is true and accurate. By completing a Registration, each Entrant grants to Sponsor, its agents and others working on its behalf the right to use the Entrant's name for advertising and marketing purposes, including on the Sponsor's website at www.kidsii.com (the "Website") and on social media sites, without additional compensation, unless otherwise prohibited by law. By participating in the Sweepstakes, Entrant agrees to the collection, use and disclosure of Entrant's personal information referenced in this paragraph for the purposes of administration of the Sweepstakes and as otherwise referenced in this paragraph. By participating, Entrants also acknowledge: (i) that their personal information will be kept at the Sponsor’s principal place of business, as indicated in Section 9 below, at which address requests for access and/or correction of personal information as well as questions regarding the Sponsor’s privacy policies and practices can be sent, in writing, and (ii) that their personal information may be kept and/or processed in the U.S., may be subject to U.S. laws, and may be accessible by U.S. governments, courts, law enforcement and regulatory agencies. All Registration entries become the property of Sponsor. Sponsor shall not be responsible for lost, late, misidentified or misdirected Registration entries or telecommunication or computer hardware or software performance, errors, delays or failures. If, for any reason, the fairness or integrity of the Sweepstakes becomes compromised, or the Sponsor's administration or fulfillment of the Sweepstakes becomes impracticable, Sponsor reserves the right to terminate or modify the Sweepstakes and to disqualify any individual who tampers with the Registration or the administration of the Sweepstakes.
4. Selection of Winners
On each of the Draw Dates and times listed in the table below, the Sponsor will select two (2) winners randomly. Before being declared a winner, the selected Entrant shall meet all of the eligibility requirements and comply with the Giveaway Rules. The winners will be randomly selected at or about the dates and times listed in the table below.
|Daily Draw Date:||Eligible Entries Must be Recieved By:|
|Friday, August 5, 2016 at 2:00 p.m. EDT||Thursday, August 4, 2016 at 11:59 p.m. EDT|
|Wednesday, August 31, 2016 at 2:00 p.m. EDT||Wednesday, August 31, 2016 at 8:00 a.m. EDT|
5. Winner Notification
The Sponsor will use reasonable efforts to notify the winner by email no later than five (5) business days after the applicable drawing (the "Notice"). If a winner fails to respond within five (5) business days of the Notice, then the Sponsor reserves the right to award the prize to another randomly selected Entrant at its sole discretion. No substitution, cash redemption or transfer of prizes is allowed. Odds of winning for the Sweepstakes are dependent on number of eligible entries during the Sweepstakes period. Sponsor may require the prize winner(s) to execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver prior to the delivery of any prize. The prize will be awarded within approximately thirty (30) days of the winner's complete response to notification. Sponsor makes no warranties with regard to the prizes. The prizes are not transferable and a winner has no right of substitution (in cash or otherwise). Sponsor reserves the right to substitute a prize of equal or greater value in the event of unavailability.
6. Media Activity
Winners agree to participate in any media or promotional activity regarding the Sweepstakes, and except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his or her name, picture, likeness, voice, address, biographical information and statements, at any time or times, for advertising, trade publicity, marketing, Sweepstakes or other purposes without additional compensation, in all media now known or hereafter discovered, worldwide (including on the Internet and World Wide Web), without notice, review, or approval to or by the winners.
7. List of Winners
A list of the winning Entrants will be posted on www.instagram.com/babyeinstein/.
The Sponsor of this Sweepstakes is Kids II, Inc., a Georgia corporation with a principal place of business located at 3333 Piedmont Road, Suite 1800, Atlanta, Georgia 30305.
9. Release, Indemnification Disclaimers, Dispute Resolution
Each Entrant hereby releases, and agrees to defend, indemnify and hold harmless the Sponsor, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to participation in this Sweepstakes or the awarding, acceptance, use or misuse of the Prize or any other substitute prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes shall be resolved individually, without resort to any form of class action. This Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Georgia, regardless of conflicts of laws principles. Any action or litigation concerning this Sweepstakes shall take place exclusively in the federal or state courts sitting in Fulton County, Georgia, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Georgia. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED THE INDEMNIFIED PARTIES AT ALL TIMES FROM AND AGAINST ANY DAMAGE, CLAIM, DEMAND, LOSS, COST, EXPENSE, INJURY DEATH, LOSS OR OTHER LIABILITY RESULTING FROM ANY ACT, DEFAULT OR OMISSION BY YOU AND/OR A BREACH OF ANY APPLICABLE WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED THE INDEMNIFIED PARTIES AT ALL TIMES FROM AND AGAINST ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES FOR OR IN RESPECT OF WHICH THE INDEMNIFIED PARTIES WILL OR MAY BECOME LIABLE BY REASON OF OR RELATED OR INCIDENTAL TO ANY ACT, DEFAULT OR OMISSION BY YOU UNDER THESE RULES INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NON-OBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE RULES BY YOU.
11. Third Parties
The Sponsor is not responsible for the policies, actions, or inactions of others, including any policies, actions, or inactions of others that might prevent the Entrant from entering, participating, and/or claiming a prize in this Sweepstakes.
All references to currency are to United States currency.
The Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. The Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of Sweepstakes materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. The Sponsor is not responsible for inaccurate transmissions of or failure to display Sweepstakes materials on account of technical problems or traffic congestion on the Internet or at any website or any combination of the above. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.