A PEA IN THE POD
$1000 GIFT CARD SWEEPSTAKES
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 $1000 Gift Card Sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 United States (including the District of Columbia), age 18 or older who at time of entry is an expectant parent or a parent or legal guardian of a child whose age is up to one (1) year old (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 July 1, 2021 and ends at 11:59:59 p.m. ET on December 31, 2021 (the “Sweepstakes Entry Period”). The Sweepstakes Entry Period consists of six (6) individual Monthly Entry Periods. To qualify for a Monthly Drawing, your entry must be received between the first day and the last day for each application Monthly Entry Period you wish to enter.
4. HOW TO ENTER: Visit https://www.apeainthepod.com/pages/perks and follow all onscreen instructions to access, complete and submit the entry form so it is received during the applicable Monthly Entry Period you wish to enter. Only complete and valid entries as determined by the Sponsor and/or its agent will be eligible and included into the Monthly Entry Period’s random drawing it qualifies for. Non-winning eligible entries from a given Monthly Entry Period will not be entered into subsequent Monthly Entry Period random drawings. Furthermore, if no entries are received for a given Monthly Entry Period, that month’s prize will not be awarded. Limit: One (1) entry per person per Monthly Entry Period.
5. PRIZES: A total of six (6) prizes will be awarded; one (1) prize awarded for each Monthly Entry Period. At the Sponsor’s sole discretion, each winner will receive either: 1) a $1000 A Pea in the Pod gift card or 2) a $500 APIP Gift Card and a $500 BCBG Gift Card. Maximum ARV of all prizes: $6,000.00. Gift card(s) are subject to the terms and conditions governing it. Gift card awarded is non-transferable, non-assignable except to a surviving spouse and cannot be redeemed for cash. No substitution for any prize is permitted except if a prize is unavailable, in which case a prize of equal or greater value will be awarded. Limit: one (1) prize per winner/household. All taxes, fees, federal, state, local or other expenses relating to the use, acceptance and possession of prize are the sole responsibility of each winner, if any.
6. ODDS: Odds of winning depend on the total number of eligible entries received per Monthly Entry Period.
7. WINNER DETERMINATION & NOTIFICATION: Each potential winner will be selected in a random drawing from all eligible entries received for a given Monthly Entry Period within seven (7) business days after the end of a given Monthly Entry Period. All random drawings will be conducted 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 Entry will be used to notify each potential winner. Each potential winner will be notified by email and/or phone and he/she will be required to complete and return a notarized Affidavit of Eligibility and Liability and where permissible, a Publicity Release (“Affidavit/Release”) 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 Affidavit/Release is returned as undeliverable; or if required Affidavit/Release is not returned by the deadline, or if a winner cannot accept the prize for any reason, or if a winner is not in compliance with these Official Rules, the prize will be forfeited, and an alternate winner may be determined in a separate random drawing from all non-winning eligible entries received for the Monthly Entry Period the disqualified entry originated. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Each Grand Prize Winner will also be required to furnish his/her taxpayer identification number information by completing and submitting a W-9 Form before the awarding of any prize to comply with IRS tax reporting requirements. A potential winner is not a recipient of a prize until s/he has been verified or notified as a confirmed winner by the Sponsor and/or Administrator.
8. PUBLICITY: Except where prohibited, participation and acceptance of a prize in the Sweepstakes constitutes consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, Entry, and/or hometown, for promotional purposes in any media now known or hereinafter known, worldwide, in perpetuity without further notice, payment or consideration.
9. RELEASE: As a condition of entry into the Sweepstakes, all entrants agree to release and hold harmless Sponsor, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize, (if entrant is determined a winner).
10. 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 the prize(s) (per the winner determination procedures in these Rules) 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 Rules of this 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.
11. 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 use or 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.
12. 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.apeainthepod.com/pages/privacy-policy.
14. WINNERS’ LIST: To request a list of winners (available after January 31, 2022), send a self-addressed, stamped envelope by December 31, 2021 to: The $1000 Gift Card Sweepstakes Winners List, c/o: Ventura Associates Intl LLC, Dept. DE/MATH6837, 494 Eighth Avenue, New York, NY 10001.
15. ADMINISTRATOR: Ventura Associates International LLC, 494 Eighth Avenue, Suite 1700, New York, NY 10001.