I. SPONSOR
The Moby Wrap Poetry Contest (the “Contest”) is sponsored by Moby Wrap Inc., PO Box 1066, Chico, CA 95927.
II. ELIGIBILITY
The Contest is open only to natural persons who are legal
residents of the United States. The Contest is void in Rhode Island,
Puerto Rico, territories of the United States and wherever prohibited or
restricted by law. Contestants must be 18 years of age or older, must
have access to the Internet, and must have a valid email address and
physical address. Employees of Moby Wrap Inc. and the immediate family
(spouse, parents, siblings, and children) and household members of each
such employee are not eligible. The Contest is governed by the laws of
the United States and is subject to all applicable federal, state, and
local laws and regulations. No purchase is necessary or required to
enter or win the Contest.
III. AGREEMENT TO OFFICIAL RULES
Participation in the Contest constitutes a contestant’s full and
unconditional agreement to and acceptance of these Official Rules and
Regulations (these “Official Rules”) and the decisions of Moby Wrap
Inc., which are final and binding. Winning a prize is contingent upon
fulfilling all requirements set forth herein. By submitting an Entry
(defined below) to the Contest, a contestant also grants Moby Wrap Inc. a
non-exclusive, irrevocable, perpetual and royalty-free license to use,
publish, display and distribute the Entry on and through Moby Wrap
Inc.'s website (www.mobywrap.com), social media pages (www.facebook.com/MobyWrapand www.twitter.com/mobywrap) and print and ad campaigns.
IV. ENTRY PERIOD
The entry period for the Contest begins on April 1, 2011 at 8
a.m. (Pacific Time) and ends on April 26, 2011 at 11:59 p.m. (Pacific
Time) (the “Entry Period”). Entries that are submitted before or after
the Entry Period will be disqualified. Entries will only be accepted in
the manner described below. No mail-in entries will be accepted.
V. HOW TO ENTER
Send in your Moby Wrap themed poem.
Contestants may enter the Contest by emailing their Entry to contest@mobywrap.com.
When an Entry is submitted. Entries must be electronically received by
Moby Wrap, Inc. no later than 11:59 p.m. (Pacific Time) on each closing
day.
While multiple persons may wish to create an Entry together, there
must be a single individual contestant officially representing each
Entry. Each contestant is limited to three Entries. There are no
registration, maintenance or other fees or obligations.
All Entries must be original work
and may not infringe any intellectual property rights (including but not
limited to copyrights and trademarks in all pictures, art and other
images contained in the Entry), rights of publicity, rights to privacy
or other rights of third parties. All people who are readily
identifiable in the Entry must expressly consent to your submission of
the Entry.
Entries shall be developed in good
taste, and shall not contain content that is obscene or indecent, and
shall not include profanity or pornography, drugs, alcohol, phone
numbers, nudity, offensive or derogatory statements or gestures that may
be offensive to individuals of a specific race, religion, ethnicity,
sexual orientation or socioeconomic group, or other content deemed
inappropriate by Moby Wrap Inc.
VI. HOW AND WHEN WINNER WILL BE SELECTED AND NOTIFIED
One winner will be selected by Moby Wrap Inc. and notified by
April 29, 2011. Winning Entry will be selected based on its creative and
promotional value based on the opinion of Moby Wrap Inc. All decisions
by Moby Wrap Inc. are final and are made in its sole discretion.
The winner will be notified by an
email message to the email address with which the Entry was submitted.
Winning Entry will be published on and through Moby Wrap Inc.'s website (www.mobywrap.com), social media pageswww.facebook.com/MobyWrap and www.twitter.com/mobywrap) and print and ad campaigns. Moby Wrap Inc. shall not be responsible for any changes to a contestant’s contact information.
The odds of winning will vary depending upon the number of Entries received.
VII. REQUIREMENTS OF A POTENTIAL WINNER
Winning contestants’ will be asked to provide Moby Wrap Inc.
with a valid physical address to which their prize can be mailed. If a
winning contestant does not respond or provide a valid physical address
within three (3) days after the first attempt by Moby Wrap Inc. to
contact him/her, Moby Wrap Inc. may disqualify such contestant.
When a winning contestant is
disqualified, Moby Wrap Inc. may, but does not have to, award the prize
that would have been awarded to the disqualified contestant to another
contestant chosen by Moby Wrap Inc..
VIII. DISQUALIFICATION; CANCELLATION
Moby Wrap Inc. reserves the right, at its sole discretion, to
disqualify and/or remove from the Contest a) any Entry deemed
inappropriate or unsuitable by Moby Wrap Inc.; b) any Entry that fails
to follow the requirements stated in these Official Rules; and c) any
contestant found tampering with the Contest, including without
limitation by submitting more than three Contest Entries, using fake or
duplicate identities, or participating in the Contest in violation of
any applicable laws, or employer or service provider rules.
CAUTION: ANY ATTEMPT BY A
CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE
CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN
ATTEMPT BE MADE, MOBY WRAP INC. RESERVES THE RIGHT TO SEEK REMEDIES AND
DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW,
INCLUDING CRIMINAL PROSECUTION.
Moby Wrap Inc. reserves the right,
in its sole discretion, to cancel, terminate, modify and/or suspend the
Contest or any portion thereof in the event of tampering or other
circumstances beyond Moby Wrap Inc.’s control that disrupt, corrupt
and/or compromise the administration, security, fairness, integrity or
proper conduct of the Contest or prevent the Contest from running as
originally planned, including but not limited to a failure to receive at
least twenty (25) Entries, acts of God or civil disturbance, infections
by computer virus, bugs, tampering, unauthorized Entries, fraud, or
technical failures.
IX. PRIZES
The winning contestants will receive a Moby Wrap of their choice (up to a $69.95 value) from Moby Wrap Inc.'s online website (www.mobywrap.com). Gift certificates have no cash value. Certain other restrictions may apply.
The gift certificates are not
transferable or substitutable for any other prize or cash. Any and all
prize-related taxes, gratuities, fees and other expenses, including any
and all federal, state and local taxes, are the sole responsibility of
the winner.
X. RELEASE AND LIMITATION OF LIABILITY
All contestants acknowledge and agree that Moby Wrap Inc. and
any of its respective agencies, affiliates, partners, parent companies,
travel companies, subsidiaries, successors, assigns, agents,
representatives, officers, directors, shareholders, employees and other
individuals engaged in the development or administration of the Contest
(collectively, the “Released Parties”) are not responsible and shall be
not liable for: a) any late, lost, stolen, delayed, misdirected,
corrupted, undelivered or incomplete Entry, or improper or ambiguous
contestant identifying information, whether as a result of technical
malfunctions, hardware, software or Internet failures, or any other
cause; b) any human or other error; c) any misappropriation, tampering,
alteration, misuse or unauthorized use or copying of an Entry; or d) any
condition caused by events beyond the control of Moby Wrap Inc. which
may cause the Contest to be disrupted or corrupted.
By participating in the Contest,
contestants agree to release, discharge and hold harmless the Released
Parties from and against any and all actions, claims, injury, loss,
damage or other liabilities arising out of or relating in any manner to,
directly or indirectly, participation in the Contest or the receipt,
use, misuse or possession of any prize received in the Contest,
including, but not limited to: (a) any technical errors that may prevent
a contestant from submitting an Entry; (b) unauthorized human
intervention in the Contest; (c) errors in the administration of the
Contest or the processing of Entries; or (d) personal injury, property
damage, death, illness or other injury or accident to person or property
which may be caused, directly or indirectly, in whole or in part, by
contestant’s participation in the Contest or receipt or use of any
prize. Contestants further agree that in any cause of action, the
Released Parties’ liability will be limited to the cost of entering and
participating in the Contest, and in no event shall the Released Parties
be liable for attorney’s fees. Contestants waive the right to claim any
damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages.
Contestants authorize the Released
Parties to use their name, biographical data, city and state of
residence and Entry on and through Moby Wrap Inc.’s website (www.mobywrap.com), social media pages (www.facebook.com/MobyWrap and www.twitter.com/mobywrap),
print and ad campaigns, worldwide in perpetuity, or on a winner’s list,
if applicable, without further compensation unless prohibited by law.
Moby Wrap Inc. is not obligated to use any of the above-mentioned
information or Entries, but may do so and may edit such information, at
Moby Wrap Inc.’s sole discretion, without further obligation or
compensation.
All contestants also acknowledge and agree to Moby Wrap Inc.’s Privacy Policy available at http://www.mobywrap.com/t-privacyPolicy.aspx.
XI. DISPUTES
In the event of a dispute as to the identity of a winning
contestant, Entries will be deemed made by the holder of the email
account that submitted the Entry. Except where prohibited, all
contestants agree that any and all disputes, claims and causes of action
arising out of, or connected with, the Contest or any prize awarded
shall be resolved individually, without resort to any form of class
action, and exclusively by the appropriate court located in the State of
California. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, a
contestant’s rights and obligations, or the rights and obligation of
Moby Wrap Inc. shall be governed by the laws of the State of California,
without giving effect to any choice of law or conflict of law rules
(whether of the State of California or any other jurisdiction), which
would cause the application of the laws of any jurisdiction other than
the State of California.
©2011 Moby Wrap Inc., Chico, CA