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THE ULTIMATE BABYMOON SWEEPSTAKES

OFFICIAL RULES

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 Ultimate Babymoon Sweepstakes (the “Sweepstakes”) is open to women who are legal residents of the 50 United States including the District of Columbia, 18 years of age or older and who are pregnant at the time of entry(collectively referred here after 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 April 5, 2022 and ends at 11:59:59 p.m. ET on May 3, 2022.

4. HOW TO ENTER:Visit Motherhood at:https://motherhood.com/pages/babymoon-sweepstakes or https://apeainthepod.com/pages/babymoon-sweepstakes (“Official Websites”) and follow all onscreen instructions to access, complete and submit the Sweepstakes entry form so it is received during the Sweepstakes Entry Period. Only complete and valid entries as determined by the Sponsor and/or its agent will be eligible and included in the Sweepstakes random drawing.Limit: one (1) entry per person for the duration of the Sweepstakes Entry Period. Entries in excess this limit or entries with duplicate email addresses or multiple entries using different email addresses for a single individual per day will be disqualified. No mechanical reproductions permitted. Sponsor is not responsible for lost, late, damaged, illegible, garbled, incomplete, inaccurate entries, or misdirected entries. Entry into the Sweepstakes constitutes your consent to participate in this Sweepstakes and your consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes. Entries must be made by an individual from a stand-alone computer or mobile device and may not be made by proxy or any electronic/automated means such as script, bot, macro, or any other similar software or program.Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Neither the Sponsor nor its designated agent assumes responsibility for third parties’ failure to act in accordance with Sponsor’s instructions pertaining to the implementation of the Sweepstakes.In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized Account holder or the holder of the email address used at time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email and he/she must meet the eligibility requirements mentioned in these Rules. All entries and requests become the property of Sponsor and will not be acknowledged or returned.

5. PRIZE, ITS APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS: ONE (1) GRAND PRIZE:Winner will receive 4-Nights/5-Days all-inclusive accommodations for 2 at Hodges Bay, a Pea In The Pod + Motherhood Maternity Wardrobe, valued at $1,000.00, La Boheme Pregnancy Massage, valued at $250, plus a $1,200 airline travel voucher for winner to apply towards air transportation to/from Hodges Bay destination selected by winner. Total ARV of prize: $4,950.00 Selections of wardrobe items/products are at the Sponsor’s sole discretion and will be based on availability. At the Sponsor’s sole discretion, the wardrobe portion of prize may be awarded in form of a gift card. No credit or cash given for unused portion. Gift card/voucher will not be replaced if lost or stolen. No portion of prize is redeemable for cash and cannot be transferred. No substitution for prize is permitted except if a prize portion is unavailable, in which case a prize of equal or greater value will be awarded. All taxes, fees, federal, state, local or other expenses relating to the use, acceptance and possession of prize not included herein are winner’s sole responsibility. Odds of winning the grand prize depends on the total number of eligible entries received during the Sweepstakes Entry Period.

 

Airline travel voucher and resort stay at Hodges Bay must be completed in 2023 or winner forfeits all rights to this portion of prize. Winner and guest must travel together on same itinerary and check-in and check-out on the same date. Resort and travel accommodations are based on availability. Advance booking restrictions and blackout dates (including all US federal holidays) apply. Winner and his/her guest are responsible for obtaining the proper travel documentation (e.g., valid passports, Visas proof of vaccination, etc.) prior to travel. Guest must be 21 years or older and will be required to execute and return a Liability/Publicity Release prior to travel. Guest can only be a minor if winner is his/her parent or legal guardian. Sponsor will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of reservations at Hodges Bay. Winner and guest must also comply with all applicable laws, policies, orders, protocols, and guidelines issued by federal, state, and local authorities respecting COVID-19 and other communicable diseases, and admission/check-in to Hodges Bay is conditioned on such compliance. A credit card may be required at time of check-in. Receiving the prize is contingent upon compliance with these Official Rules.

 

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 May 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 Sweepstakes 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 five (5) 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. Sponsor and/or Administrator reserve the right to modify the notification procedures if an addition alternate winner is needed and there is ample time to notify him or her.Prize will be awarded after winner verification and confirmation and prize will be fulfilled promptly thereafter.

 

7. PUBLICITY: Except where prohibited, participation and acceptance of prize in the Sweepstakes constitutes consent to Sponsor and its agents to use winner’s name, likeness, photograph, Entry, hometown, and/or prize won for promotional purposes in any media now known or hereinafter known, worldwide, in perpetuity without further notice, payment or consideration.

8.CONSENT AND RELEASE: To the fullest extent possible in law, entrants and any coordinating entity, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Parties and their associated companies and directors, including but not limited to its respective parent, subsidiary, affiliated or successor companies and their respective owners, members, shareholders, officers, directors, partners, equity holders, agents, representatives, employees and all others associated with the development and execution of this Sweepstakes (collectively, “Releasees”) from and against any and all claims, actions, causes of action, suits, liabilities, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Releasees which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of a prize or resulting from any travel related activity (if determined the winner).

 

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 or at https://www.apeainthepod.com/pages/privacy-policy.

 

14. WINNER’S LIST: To request winner’s name (available after May 31, 2022), send a self-addressed, stamped envelope by May 31, 2022 to: The Ultimate Babymoon 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.

 

 

 

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