NO PURCHASE OR TEXT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
**A PURCHASE OR TEXT DOES NOT IMPROVE YOUR CHANCE OF WINNING.**
1. SWEEPSTAKES ENTRY PERIOD: The Win Free Diapers for a Year Sweepstakes (the “Sweepstakes”) begins at 12:00:00 a.m. Eastern Time (“ET”) on December 1, 2016 and ends at 11:59:59 p.m. (ET) on May 31, 2017 (the “Sweepstakes Entry Period”). The Sweepstakes Entry Period consists of six (6) Monthly Entry Periods as described below in these Official Rules.
2. SPONSOR: Destination Maternity Corporation, 232 Strawbridge Drive, Moorestown, NJ 08057 (the “Sponsor”).
3. ELIGIBILITY: Sweepstakes is open to individuals age 18 or older who are legal residents of the 50 United States, including the District of Columbia at time of entry. Employees, officers, directors, agents of the Sponsor and its parent company, Ventura Associates International LLC (“Administrator”), subsidiaries, affiliates, vendors, affiliated companies, 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.
4. HOW TO ENTER: Entry Method 1: To enter via text message during a given Monthly Entry Period, follow on instructions to enter the Sweepstakes by using the one of the keywords provide in conjunction with the advertising of the Sweepstakes or text MHSWEEPS to short code 40679 (“Text entry”) and follow all subsequent onscreen instructions to enter and/or complete Sweepstakes tasks (see below) during a given Monthly Entry Period.
Entry Method 2: Or, visit https://wyng.com/campaign/819098 during a given Monthly Entry Period and follow all onscreen instructions to enter the Sweepstakes or to complete Sweepstakes tasks (see below) during a given Monthly Entry Period (“Online entry”). *“**Entry” or “entries” shall mean and refer to each Text entry or Online Entry.
Join the SMS List (will provide entrant first entry or an additional entry in the Sweepstakes if another task is completed and submitted first);
Enter the Sweepstakes by completing the entry form at https://wyng.com/campaign/819098 (will provide entrant first entry in the sweepstakes or an additional entry in the Sweepstakes if another task is completed and submitted first);
Adding additional information to your SMS profile (i.e. replying to text message with zip code will provide entrant an additional entry in the Sweepstakes);
Join the Destination Maternity Perks program using our entry form at http://wyng.com/campaign/819134 (will provide entrant first entry or an additional entry in the Sweepstakes if another task is completed and submitted first);
Completing a product review on www.motherhood.com, www.destinationmaternity.com or www.apeainthepod.com (will provide entrant first entry or an additional entry in the Sweepstakes if another task is completed and submitted first)*;
Completing a survey about your shopping experience at Motherhood Maternity, Destination Maternity or A Pea in the Pod (will provide entrant first entry or an additional entry in the Sweepstakes if another task is completed and submitted first);
Refer-a-Friend*** (will provide entrant an additional entry in the Sweepstakes);
Creating a wish list on www.motherhood.com, www.destinationmaternity.com or www.apeainthepod.com (will provide entrant first entry or an additional entry in the Sweepstakes if another task is completed and submitted first);
Completing an online research survey from Destination Maternity (will provide entrant first entry or an additional entry in the Sweepstakes if another task is completed and submitted first).
*You will disclose “I received an entry for posting a product review.”
** You will disclose “I received an entry for uploading a photo to a product review.”
*** To earn bonus entries after submitting the entry form at https://wyng.com/campaign/819098 follow onscreen instructions to use the provided unique link to refer friends and relatives. For every eligible friend and relative who enters the Sweepstakes using the unique link, you will receive one (1) additional entry in the Monthly Entry Period’s drawing for which it qualifies. For the purposes of these Rules, in order to qualify for additional entries: (i) your friends/relatives must be 18 years of age or older and are legal residents of the 50 United States (or DC) at the time they enter the Sweepstakes; and (ii) the name and email address can only be used once during the Sweepstakes Entry Period regardless if s/he receives more than one (1) invite.
To qualify for a given Monthly Entry Period drawing, your entry must be received between the first day and the last day during a given month (referred to herein as a “Monthly Entry Period”). Non-winning eligible entries from any given Monthly Entry Period will not be entered into subsequent Monthly Entry Period drawings. Furthermore, if no entries are received for a given Monthly Entry Period, that month’s prize will not be awarded. Entrants will have the opportunity to earn a minimum of one (1) entry and up to ten (10) entries per Monthly Entry Period, regardless method of entry. Any additional entries received above the maximum monthly limit per entrant will be disqualified.
Each entrant entering via Text Entry must be a wireless service subscriber and must have a text messaging two-way capable mobile device and digital service in order to enter the Sweepstakes. Entrants may be charged for the text messages sent and received from handset according to the terms in their Customer Agreement with their service provider. Standard data/text message rates apply.
5. PRIZES: A total of six (6) Grand Prizes will be awarded; one (1) prize per Monthly Entry Period’s random drawing. Each Grand Prize winner (each referred to hereafter as a “winner”) will receive a supply of free diapers for one year (consisting of $72 worth of diapers per month for twelve (12) months) awarded as a Visa gift card. Approximate Retail Value (“ARV”) of each prize: $864.00 each. ARV of all prizes: $5,184.00. All prize details are at Sponsor’s sole discretion. Each gift card is subject to the terms and conditions governing it and is non-transferable and non-assignable except to a surviving spouse. 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 fees, federal, state, local or other expenses relating to the use, acceptance and possession of prize are the sole responsibility of each winner. Taxes, if any, are the responsibility of each winner.
6. ODDS: Odds of winning depend on the total number of eligible entries received per Monthly Entry Period.
7. WINNER SELECTION & 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) seven business days after the end of the 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 winner. If a winner originates from the text entries, he/she must be able to receive calls from an unlisted/blocked number and the corresponding prize will be awarded to the name corresponding to the Mobile Telephone Number (“MTN”) from which the text message originated. If a potential winner submitted his or her entry via online, the prize will be awarded to the name provided on the online entry form at time of entry. When a potential winner confirms receipt of Administrator’s notice, 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 three (3) days of date printed of notification or he/she will be disqualified and an alternate winner will be selected. If a potential winner fails to respond to notification within twenty-four (24) hours after its transmission; or any failure of notification due to deactivation of the potential winner’s email account prior to receipt of notification, or 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 Rules, the prize will be forfeited and an alternate winner may be determined from all eligible non-winning eligible entries received for the Monthly Entry Period the disqualified entry originated and such entry will be subject to the same notification procedure disclosed herein. Prizes will be awarded within five (5) days after each winner verification and confirmation and fulfilled promptly thereafter. 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, including any prize related activity (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 prizes (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.
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 http://www.destinationmaternity.com/RetailSitesPrivacyPolicy.asp.
14. WINNERS’ LIST: To request a list of winners (available after May 31, 2017), send a self-addressed, stamped envelope by May 31, 2017 to: Win Diapers for a Year Sweepstakes Winners List, c/o: Ventura Associates Intl LLC, Dept. DE/DEMC, 60 East 42<sup>nd</sup> Street, Ste. 650, NY, NY 10165.
15. ADMINISTRATOR: Ventura Associates International LLC, 60 East 42<sup>nd</sup> Street, Suite 650, New York, NY 10165.
©2016 Ventura Associates International LLC