$5,000 INSTANT WIN SWEEPSTAKES CONTEST RULES
NO PURCHASE NECESSARY TO PLAY OR TO WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Mommy’s Freebies $5,000 Instant Win Sweepstakes (the "Promotion") is sponsored by The Great American Photo Contest, LLC ("Company"). By entering the Promotion, you agree to comply with and be bound by the following Mommy’s Freebies $5,000 Instant Win Sweepstakes Official Contest Rules (the "Rules"). Please review these Rules carefully. If you do not agree to these Rules in their entirety, you are not permitted to enter the Promotion.
The Promotion is open to legal residents of the United States and the District of Columbia, living in the United States and the District of Columbia, who are at least eighteen (18) years of age. The Promotion is void in Puerto Rico and in any other jurisdiction where the Promotion is prohibited by law, rule or regulation. Employees, members, officers and directors of the Company, SCA Promotions Inc., (“SCA”), their respective legal representatives, affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies and immediate families (and those living in the same households) are not eligible to enter the Promotion. Contestants wishing to obtain a copy of these Rules may request a printed copy by writing to the Company, Attn: $5,000 Instant Win Sweepstakes, 24 W. Railroad Ave., #139, Tenafly, NJ 07670.
HOW TO ENTER:
COMPANY IS NOT RESPONSIBLE FOR ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO COMPLETE A PROMOTION ENTRY DURING THE PROMOTION PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS THE WEBSITE, YOU WILL NOT QUALIFY FOR ENTRY INTO THE PROMOTION.
IDENTIFICATION OF ENTRANTS:
Each entry submitted will be automatically randomly assigned an eight (8) digit Encrypted Entry Number between 00000001 - 75000000 ("EEN"). For purposes of these Rules, the "Promotion Database" is defined as the entire list of EEN numbers submitted during the Promotion Period. Company will stop accepting entries on the earlier of: (a) 11:59:59 p.m. Eastern Standard Time December 31, 2019; (b) the date that a Grand Prize (as defined below) winner has been selected; or (c) the date the 1,500,000th entry has been assigned (or if Company, at its sole discretion, extends the size of the pool of entries by no more than an additional 500,000 entries, then the date the last additional entry has been assigned).
HOW TO WIN:
Within minutes of assigning an EEN to a contestant, such EEN will be automatically compared to the eight (8) digit winning number for the Grand Prize that was randomly selected prior to the commencement of the Promotion Period by SCA, an independent third party, to determine if the EEN matches the winning number. The Grand Prize winner, if any, will be notified immediately on the Website, and via e-mail within thirty (30) days of the end of the Promotion Period (contestants should ensure that their Registration Data is accurate and up to date). The Grand Prize winner will be subject to eligibility verification. The Grand Prize winner will be required to execute and return a notarized Affidavit of Eligibility and Liability/Publicity Release within thirty (30) days following attempted notification. Non-compliance within this time period may result in forfeiture of the Grand Prize. The Grand Prize winner will be required to provide picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification. Return of any prize/prize notification as undeliverable may result in forfeiture. In no case shall Company be liable in any manner where a Grand Prize winner has not received notification sent from Company or where Company fails to receive a response from the Grand Prize winner within the required response period. The winning EEN and associated entry must identically match the records maintained by SCA and Company in order for a Grand Prize to be awarded. In the event of a dispute, the information maintained by SCA and Company will govern. Entries will be deemed made by the person under whose name the entry was registered, regardless of who actually submitted the entry. Be sure to use your correct name and your own e-mail address. In the event that there is any failure, error or other difficulty in the transmission of the EENs to Company for the Grand Prize drawing, the drawing will be canceled at Company's sole discretion.
GRAND PRIZE DESCRIPTION:
The Grand Prize winner, if any, will have the option of receiving either: (a) a prize, as may be offered by Company, with an approximate cash value of Five Thousand Dollars ($5,000.00); or (b) Five Thousand Dollars ($5,000.00) payable by check in one lump sum (collectively, the “Grand Prize”).
ODDS OF WINNING:
The odds of winning the Grand Prize are 1:75,000,000.
LIMITED TIME ONLY/PROMOTION PERIOD:
For purposes of these Rules, the “Promotion Period” shall be the period beginning at 12:01:00 a.m. Eastern Standard Time on January 1, 2019, and ending on the earlier of: (a) 11:59:59 p.m. Eastern Standard Time December 31, 2019; (b) the date that a Grand Prize winner has been selected; or (c) the date the 1,500,000th entry has been assigned (or if Company, at its sole discretion, extends the size of the pool of entries by no more than an additional 500,000 entries, then the date the last additional entry has been assigned) (the “Promotion Period”). Entries must be received prior to the expiration of the Promotion Period.
To receive a list of Grand Prize winners, send a self addressed stamped envelope to the Company, Attn: $5,000 Instant Win Sweepstakes, 24 W. Railroad Ave., #139, Tenafly, NJ 07670.
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the winner. Company reserves the right to withhold taxes from each winning prize, as appropriate.
NO SUBSTITUTION OF WINNERS:
No substitution or transfer of prizes will be accommodated or permitted, other than as expressly set forth herein or in Company's sole discretion.
Promotion entry constitutes permission for Company to use contestants' names, photographs, voice, biographical information, statements, address and likenesses for advertising and/or promotional purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
SCA PROMOTIONS, INC.:
SCA is not involved in marketing the Promotion. SCA is not the sponsor of the Promotion and will not respond to any inquiries. SCA is responsible for the selection of the eight (8) digit winning number for the Grand Prize.
Company, SCA, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. By entering the Promotion, each contestant agrees to release and hold harmless Company, SCA, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering the Promotion, each contestant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mail messages or other announcements relevant to the Promotion, these Rules will govern.
CHOICE OF LAW:
Any disputes arising out of or related to the Promotion shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Should a dispute arise concerning the Promotion, the terms and conditions of these Rules or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you submit your first entry into the Promotion, using the contact information provided on the Website.
Persons found tampering with or abusing any aspect of the Promotion, as solely determined by the judges, will be disqualified. If disqualified for any of the above reasons, Company reserves the right to terminate contestant's eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Company which, in the sole opinion of Company, corrupts, or impairs the administration, security, fairness or proper determination of the Promotion, Company reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. Company, SCA, each of their respective legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with entries generated by computer hardware or software malfunction, error or failure, whatever the cause. Company's sole responsibility for any irregular entry is replacement with another entry in a subsequent drawing. If a potential winning entry is made by Internet or other computer entry, that potential winner may be required to provide Company with proof that the potential winner is the authorized account holder of the electronic mail address associated with the potential winning entry.
You agree to release, indemnify and hold Company, SCA, each of their respective parents, subsidiaries and affiliates, and their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Promotion and/or the Website; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, SCA, each of their respective parents, subsidiaries and/or affiliates, and their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not a contestant, to damage, destroy, tamper with or vandalize the Website, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.