Terms and Conditions: :NO PURCHASE NECESSARY. Void where prohibited by law. Subject to all federal, state, local laws, regulations, and ordinances. Sweepstakes begins on 12/15 at 10:00 a.m. EST and ends on 12/18 at 10:00 p.m. Eastern Time (“ET”) (the “Sweepstakes Period”).
By entering SWEEPSTAKES, you (“ENTRANT”) agree to these official rules, which form a contract. Without limitation, this contract includes indemnity obligations on the part of THE ENTRANT and a limitation of ENTRANT’S rights and remedies.
1. Eligibility: Open to legal U.S. residents currently residing in the United States, who are the age of majority or older in the state in which they reside as the date of entry. Employees of Happy Family, Zarbee’s Naturals, and each of its respective parent companies, subsidiaries, affiliates, and related companies, and immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
2. Sweepstakes Period: Begins on or about 10:00am Eastern Time (“ET”) on December 15th, 2020 and ends 10:00pm ET on December 18th, 2020 (“Sweepstakes Period”). All times relating to the Sweepstakes are Eastern Time. Administrator’s computer is the official timekeeping device for the Sweepstakes.
3. Sponsor/Administrator: The Sponsor of this Sweepstakes is Happy Family Organics, 40 Fulton St. 17th FL, New York, NY, 10038. The Administrator is Zarbee’s Naturals, 11650 State St, Draper, UT, 84020.
4. How to Enter: To enter, during the Sweepstakes Period, go to Instagram and follow Happy Family Organics + Zarbee’s Naturals, like the photo on Happy Family Organics account and comment on the post your favorite family holiday tradition. Upon your comment, you will automatically be entered with one (1) entry into the Sweepstakes. Max 1 entry per person. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM. IF YOU ENTER, YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR, NOT TO INSTAGRAM.
5. Selection of Winners: Sponsor will select the name of 3 potential winners of the prizes in a random drawing from among all entries received on December 15-18 2020. The odds of winning are based on the number of eligible entries received. The potential Winners will be notified on or about December 21, 2020. If a potential Winner cannot be contacted via direct message after the first attempt to contact him/her, or in the event that a potential Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries.
Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor and/or administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An Entrant is not a winner of any prize unless and until Entrant’s eligibility HAS been verified and Entrant has been notified that verification is complete.
6. Prizes: Three (3) Grand Prizes will be awarded. Each Grand Prize consists of Happy Tot Organics Super Bellies + bundle of Zarbee’s Naturals baby + kids wellness products. Approximate Retail Value (“ARV”) of each Grand Prize: $100. Total ARV of all prizes to be awarded: $300. Limit one prize per person and per household.
7. General Conditions: 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 sole discretion. Sponsor, and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor [and/or Administrator]. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. Release and Limitations of Liability: By participating in this Sweepstakes, Entrants agree that Sponsor, Zarbee’s Naturals, Instagram, Facebook, Inc. and their affiliates, subsidiaries, representatives, consultants, contractors, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for 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 any prize.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE [www.happyfamilyorganics.com/giveaway] OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
11. Disputes. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate State Court located in New York, New York; (2) 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’ fees; and (3) under no circumstances will 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 questions concerning the construction, validity, interpretation and enforceability of these Official 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 York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. Official Rules and Winners List: For a copy of the Official Rules, visit happyfamilyorganics.com/giveaway or send a stamped, self-addressed envelope for receipt by December 18th 2020 to: Happy Family Organics, 40 Fulton St 19th Floor NY, NY 10038. For a list of winners available after December 18th, 2020, send a stamped, self-addressed envelope for receipt by December 21st, 2020 to: 40 Fulton St 19th Floor NY NY 10038.] VT residents may exclude return postage when requesting Official Rules.
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