NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1.Start/End Dates. CafeMom's Halloween 2012 Photo Sweepstakes (the "Sweepstakes") begins at 12:00 a.m. Eastern Time ("ET") on October 7, 2012 and ends at 11:59 p.m. ET on October 31, 2012 (the "Sweepstakes Period"). The Sweepstakes is sponsored by CMI Marketing, Inc., d/b/a CafeMom ("Sponsor"). Any entries received after the Sweepstakes Period, including as a result of late, lost or misdirected mail shall be void.
2. Eligibility. Participation is open only to legal residents of the 50 United States, the District of Columbia or Puerto Rico, who are 18 or older as of date of entry. Proof of age and legal U.S. residency may be required. Void outside of the 50 United States, the District of Columbia, Puerto Rico and where prohibited, taxed or restricted by law. Employees (including freelancers under contract), officers and directors of Sponsor, and the suppliers of any prize, and each of their respective parent companies, subsidiaries, affiliates, licensees, partners, advertising and promotion agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Sweepstakes may only be entered in or from the 50 United States, the District of Columbia, or Puerto Rico and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.
3. How to Enter: There are two methods of entry.
As a CafeMom Member. Receive one (1) entry when you visit http://www.cafemom.com/group/advice/photos/upload.php?album_id=139356 during the Sweepstakes Period and follow the instructions to post a photo, or visit http://www.cafemom.com/special/halloween and follow the instructions to Add Your Own Photo. Qualifying Photo Entries must be original, must be created by you and you alone, and must be different from your prior entries. All Photo Entries must comply with the Photo Guidelines set forth below. Sponsor reserves the right to disqualify any Photo Entry that, in Sponsor's determination, merely duplicates a prior post, or is not responsive to the theme, or does not comply with the Photo Guidelines.
Limit one (1) entry per day, per person up to a maximum of twenty-five (25) entries if you were to enter every day of the Sweepstakes Period. You may create a qualifying post more than once a day, but only your first qualifying post on a particular day will count as an entry for that day. If you are not yet a member of CafeMom, you can register online as follows: Simply visit CafeMom at www.cafemom.com and complete all required information on the online registration form, then click the "submit" button at the end of the form.
Via US Mail. You can also enter by hand-printing your first and last name, complete postal address (no PO boxes), email address (if you have one), birth date and daytime telephone number (including area code) on a postcard, affixing a postage stamp, and mailing it to: Halloween 2012 Photo Sweepstakes, c/o CafeMom, 417 Fifth Avenue, 7th Floor, New York, NY 10016. Bulk, pre-sorted, metered, or permit-imprinted postcard entries are not permitted and will be void. All mail-in entries must be postmarked by October 31, 2012 and received no later than November 15, 2012. Mechanical reproductions will not be accepted. Any entries postmarked or received after the applicable dates, including as a result of late, lost or misdirected mail shall be void.
No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prize requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Photo Entry Guidelines. . By submitting a Photo Entry, you represent and warrant that the photo is your own, fully original work and that you are the exclusive owner of all rights in the photo, including rights under the laws of copyright and trademark. You further represent and warrant that you have obtained written releases from all persons identifiable in the photo to submit the Photo Entry to this Sweepstakes for publication and use as provided herein. You represent and warrant that, except for your own children, no one shown in the photo is under the age of 18 and that if you are under the age of 18, you have the authority agree to these terms on behalf of yourself and your children. All participants acknowledge and agree that the Photo Entries will be posted on the Sponsor's website and used for advertising and publicity purposes. By submitting your Photo Entry, you grant to Sponsor a non-exclusive, worldwide, fully transferrable, perpetual, irrevocable, royalty-free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works based on your Photo Entry, in any and all media, for all legal purposes as Sponsor sees fit, for any reason, and to identify you as the author of the Photo Entry, and to authorize others to do any of the above without any obligation to compensate you or obtain further consent from you. All submissions are subject to the CafeMom Terms or Service and Community Guidelines. Sponsor reserves the right to disqualify any entry that, in Sponsor's sole determination, does not comply with these Rules, or CafeMom's Terms or Service and Community Guidelines, or any other requirements posted at the point of entry.
5. Random Drawing/Odds. One (1) Grand Prize Winner will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. Drawing will be conducted by CafeMom on or about November 20, 2012, whose decisions are final. By entering the Sweepstakes, you fully and unconditionally agree to be bound by these Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
6. Prizes. One (1) Grand Prize consisting of a $50 American Express Gift Card. (Total value of Prize: $50.00) Prize is non-transferable. No substitution or cash redemption. Sponsor reserves the right to substitute a prize of equal or greater value. Prize subject to standard terms and conditions applicable to Kmart gift cards, including policies regarding cash refunds for returned merchandise. American Express is not a sponsor of this sweepstakes.
7. Notification. Winners will be notified by email (or US mail if no email is provided) and may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release ("Release") within 10 days of the date of notification. If any winner cannot be contacted after two (2) attempts over a ten (10) day period, if any prize or prize notification is returned as undeliverable, if the Release is not properly executed and returned within the time allowed or if any winner rejects her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected by random drawing from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
8. Conditions. All federal, state, and local taxes are the sole responsibility of the winner. Participation in Sweepstakes and acceptance of prize constitutes the winner's permission for Sponsor or any assignee or Licensee of Sponsor to use her or his name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by the winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrant, on her behalf, and on behalf of her respective heirs, executors, administrators, legal representatives, successors and assigns (i) represents that she meets all of the eligibility requirements for the Sweepstakes and (ii) agrees to release and hold harmless Sponsor, their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, licensees, partners, licensees, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with participation in any Sweepstakes related activity, or possession, acceptance and/or use or misuse of prize including any activity and for any claims based on publicity rights, defamation or invasion of privacy and prize delivery. Sponsor is not responsible if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Sponsor does not make, nor is Sponsor in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize. If entrant does not comply with these Official Rules, or attempts to interfere with this Sweepstakes in any way, she will be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
9. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address or postal address, if no email address is provided, submitted at time of entry who must also be eligible to enter and win. "Authorized account holder" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address or the legal resident head of household at the postal address provided. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Sponsor, their affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Sweepstakes, including any injury or damage to your or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may, at its discretion, select the winner(s) from all eligible entries received unaffected by the problem. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives.
Any and all legal actions or claims arising in connection with this Sweepstakes or these Official Rules ("Claim") must be brought in a court of competent jurisdiction within the United States. 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. ENTRANTS WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS MEMBERS OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.
LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR BE LIABLE TO ANY ENTRANT FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES. 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/LEGAL FEES, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM THE PERPETRATOR TO THE FULLEST EXTENT PERMITTED BY LAW.
11. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by February 10, 2013 to CafeMom, Attn: CafeMom HALLOWEEN 2012 PHOTO SWEEPSTAKES, 417 Fifth Avenue, 7th Floor, New York, NY 10016.
12. Sponsor. CMI Marketing, Inc. d/b/a CafeMom, 417 Fifth Avenue, 7th Floor, New York, NY 10016.