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PHOTOSHOOT 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 Photoshoot Giveaway (the “Sweepstakes”) is open only to legal US residents who at time of entry reside within a 100 miles radius of a Pea in the Pod location in New York City, NY or Chicago, IL, age 18 or older and are currently expecting or have a child up to 1 year of age (collectively referred hereafter as the “Entrant;” or Entrant(s) and/or “you”). Void in all other states and where prohibited by law. 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. 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 December 22, 2021 and ends at 11:59:59 p.m. ET on January 14, 2022. The Sweepstakes Entry Period consists of two (2) random drawing; one from all eligible entries received from Entrants from New York City and a second from all eligible entries received from Entrants from Chicago.


4. HOW TO ENTER:Visit HYPERLINK "https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.apeainthepod.com%2Fpages%2Fphotoshoot-giveaway&data=04%7C01%7Cdedwin%40sweepspros.com%7C59408ed2623f48c8cdd408d9c18c2b70%7Cf0ab587e2d934ccdad8fa3c457a4eb6c%7C0%7C0%7C637753630057320681%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=ndJplTjFBa9aSFd4vzs1xK6%2BLsLGfaLP8CAtF80gSrY%3D&reserved=0" www.apeainthepod.com/pages/photoshoot-giveaway (“Official Website”) or scan the QR code located on the instore signage and follow all onscreen instructions to access, complete and submit the 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 included into the respective random drawing it qualifies Limit: One (1) entry per person per day. Entries in excess the 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. Entrants subject to all notices posted at: www.apeainthepod.com, including but not limited to its privacy policy. 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. PRIZES, THEIR APPROXIMATE RETAIL VALUES (“ARV”) AND ODDS: ONE (1) GRAND PRIZE WILL BE AWARDED PER RANDOM DRAWING. NYC Drawing:The winnerwill receive a prize package consisting of: 1.5 hour pho to shoot by local NYC Influencer photographer (RTV: $1,200), a pair of NuFabrx Leggings (RTV: $90); one #BeaMother Tee (RTV: $38) and a $250 A Pea in the Pod Gift Card. Total Value of NYC prize package: $1,578. Chicago Drawing: The winner will receive the following prize package consisting of: 1 Hour Photoshoot by local CHI Influencer photographer (RTV: $1,200), a pair of NuFabrx Leggings (RTV: $90), #BeaMother Tee (RTV: $38), $250 A Pea in the Pod Gift Card and a $130 FACE FOUNDRIÉ Gift Card. Total value of Chicago prize: $1,708. Total ARV of prize: $3,286.00. 

Date and location of photoshoot will be determined by Sponsor and expected to occur three (3) months after winner is confirmed. Maximum number of people invited to attend photo/video shoot on winner’s behalf is at the sole discretion of the Sponsor based on availability and an imposed government regulation. Prizes do not include any ground transportation to/from the photoshoot, meals, lodging or any additional expenses not mentioned herein. Prizes are not redeemable for cash and is non-transferable. Gift card may not be returned or redeemed for cash. No credit or cash given for unused portion. Gift card will not be replaced if lost or stolen. No substitution for any prize is permitted. All taxes, fees, federal, state, local or other expenses relating to the use, acceptance and possession of prize are each winner’s sole responsibility. 


SPECIAL CAUTION: COVID-19: Each winner understands and agree that, in response to economic and/or social conditions caused by COVID-19/Coronavirus, the Sponsor may be compelled to cancel the Sweepstakes and/or photoshoot with little (if any) advanced notice. If the photoshoot is postponed or canceled, no compensation or substitution will be provided, and the Sponsor shall have no further obligation to any winner other than to supply the remaining portion of prize. If for any reason whatsoever, a winner is unable to attend the photoshoot for any reason whatsoever after all arrangements have been made and paid, the Sponsor shall have no further obligation to any winner.

Attendance to photoshoot is subject to all rules, requirements, and policies, including, without limitation, all safety and health requirements and policies, put in place by the photoshoot location, including requirements relating to face masks and enhanced health screenings (which may include a requirement that each winner be tested for COVID-19 prior to or during the photoshoot (or provide proof of full vaccination against COVID-19 prior to attending the photoshoot) as they may be updated from time to time. The winner and guest(s) 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 attendance at the photoshoot is conditioned on such compliance.

Odds of winning a prize depends on the total number of eligible entries received for each random drawing.


6. RANDOM DRAWING AND WINNER NOTIFICATION:Each random drawing will be conducted on or about January __, 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 entry form will be used to notify each 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 from among non-winning entries the disqualified entry originated If an email or U.S. mail is returned as undeliverable; or if any required information and/or Prize Documents are not competed and returned by the deadline, or if a winner cannot accept prize for any reason, or if a winner is not in compliance with these Official Rules, the corresponding prize will be forfeited and an alternate winner may be determined from all eligible non-winning eligible entries the disqualified entry originated and will be subject to the same notification procedure disclosed herein.Each person attending the photoshoot on behalf of winner will be required to execute and return a Liability/Publicity Release prior to attend photoshoot. Prizes will be awarded after each winner verification and confirmation and fulfilled promptly thereafter. 


7. PUBLICITY: Except where prohibited by law, entry and acceptance of each prize constitutes permission for Sponsor and its agents to use each winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Furthermore, Sponsor and/or its agents may film, record, take photographs before/during/after the photoshoot and may use the resulting footage, recordings or photographs for a range of purposes, including, without limitation, for marketing and promoting and its products and services in any and all media worldwide (including but not limited to social media and all internet platforms). No additional compensation will be provided to winner or guest for any resulting footage. 


8. CONSENT AND RELEASE: To the fullest extent possible in law, each Entrant, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”): (a) releases and holds Sponsor and all other Released Parties, and their respective employees, officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, actions, losses, costs, damages, consequential damages, liabilities, judgments, settlements and expenses (including without limitation reasonable attorneys' fees); ("Losses") of any kind arising in whole or in part, directly or indirectly, from the Sweepstakes or participation in any Sweepstakes-related activity (including without limitation the removal from the Sweepstakes site of, or discontinuation of access to, any entries or other materials), or resulting directly or indirectly from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy; and (b) indemnifies and holds harmless Sponsor and all other Released Parties, and their respective employees, officers, directors, shareholders, agents and representatives from any and all losses (as defined above) of any kind that may be asserted against or incurred by any Released Party at any time in connection with the entries, or otherwise relating to entrant's participation in the Sweepstakes, including without limitation claims concerning the infringement upon or violation of any intellectual property or other rights. By entering this Sweepstakes, each entrant acknowledges any information provided is received by Sponsor and its Agent. 


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 prizes 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 prizes 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


14. WINNER’S LIST: To request winner’s name (available after January 31, 2022), send a self-addressed, stamped envelope by January 31, 2022 to: Photoshoot Sweepstakes Winners 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. 


©2021 Ventura Associates International LLC