Boppy® #BoppyLove Sweepstakes Rules
THESE ARE THE “Boppy® #BoppyLove Sweepstakes” OFFICIAL RULES (the “OFFICIAL RULES”)
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR PARTICIPATION BY LEGAL RESIDENTS OF THE 50 UNITED STATES (including DC) ONLY, AND IS GOVERNED BY THE LAWS, RULES, AND REGULATIONS OF THE UNITED STATES. DO NOT ENTER UNLESS YOU ARE ELIGIBLE.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW.
- ELIGIBILITY. The “Boppy® #BoppyLove Sweepstakes” (“Sweepstakes”) is open only to current legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry. Officers, directors and employees of The Boppy Company, LLC, its parent companies, affiliates, subsidiaries, distributors, sales representatives, agents, advertising and promotional agencies (collectively, “Sweepstakes Parties”), and the immediate families and household members (spouse, parent, child, sibling, grandparent, and/or “step”) of each are not eligible to participate or win. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. In order to enter the Sweepstakes or receive a prize, you must fully comply with these Official Rules, and by entering you agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
- SWEEPSTAKES DEADLINES. Winners selected and prizes drawn quarterly. The quarterly Sweepstakes entry periods are June 1, 2019 12:01 a.m. Mountain Time (“MT”) and ending at 11:59 p.m. MT on August 31, 2019; September 1, 2019 12:01 a.m. MT and ending at 11:59 p.m. MT on November 30, 2019; December 1, 2019 12:01 a.m. MT and ending at 11:59 p.m. MT on February 29, 2020; and March 1, 2020 12:01 a.m. MT and ending at 11:59 p.m. MT on May 31, 2020 (each a “Entry Period”). Entries will NOT roll over to subsequent Entry Periods or drawings. Winners will be selected on or about the 9th day of the month following each quarterly Entry Period. Sponsor’s computer (in the Mountain time zone) is the official time-keeping device for this Sweepstakes.
- SPONSOR. The Sponsor of the Sweepstakes (the “Sponsor”) is The Boppy Company, LLC, 560 Golden Ridge Road, Suite 150, Golden, CO 80401.
- TO ENTER SWEEPSTAKES. To enter the Sweepstakes, you must have a public account with Instagram account (“Instagram Account”). If you do not have an Instagram Account, you can create one for free at www.instragram.com. Please note that you must accept and agree to comply with the terms and conditions applicable to the Instagram account. To understand how Instagram utilizes and keeps user content and photos, please refer to their Privacy & Safety web page located at https://help.instagram.com/519522125107875.
Entry into the Sweepstakes is available during the Entry Period only by posting a photo showing the Boppy Nursing Pillow being used properly (i.e., following the product warning labels) with the hashtag #BoppyLove on your public Instagram Account (“Instagram Entry” or “Entry”).
Please note: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. Instagram is a registered trademark, which is herein used for purposes of Sweepstakes description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by the owners of said trademarks.
Limit one (1) Sweepstakes entry per person.
If a dispute arises regarding the identity of an individual submitting a Instagram Entry (each, an “Entrant”), the authorized account subscriber of the Instagram Account will be considered the Entrant. Entries by the same person in excess of the limit stated herein will be void. Incomplete, illegible, false, deceptive or garbled Entries are void and are not eligible for the Sweepstakes.
- BINDING AGREEMENT. These Official Rules form a legally binding agreement with respect to this Sweepstakes, therefore, please read them carefully. If you do not agree to the Official Rules, you are not eligible to participate in the Sweepstakes or to win any of the prizes. You agree that submission of an Entry in the Sweepstakes constitutes your agreement to these Official Rules, and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of Entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
- SOCIAL MEDIA ENTRY REQUIREMENTS. Each Instagram Entry must be an original creation of the submitting Entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Instagram Entry, and each Instagram Entry must be free of any and all third party rights or claims. Entrant acknowledges, agrees and warrants that, nothing in the Instagram Entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance, or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold Sponsor harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant herein. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation. By uploading the Instagram Entry, Entrant hereby grants, without compensation or further authorization, Sponsor a perpetual, unlimited, transferable license to all intellectual property rights in the Instagram Entry, which rights include, without limitation, the Sponsor’s right to publish, make available to the public, reproduce, adapt, translate, modify, and create derivative works of the Instagram Entry through any media available at any time during, or after, the Entry Period on any websites, in any promotional materials, whether related or unrelated to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Sweepstakes, Sponsor, and its products. In addition, Entrant warrants that any so called “moral rights” in the Instagram Entry have been waived, and Entrant acknowledges and agrees that Sponsor may use any ideas from any Instagram Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with the Instagram Entry or other materials. Entrant agrees to release, defend, indemnify and hold Sponsor harmless from all claims, demands and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (a) Sponsor’s exercise of any rights granted by Entrant herein; and (b) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Instagram Entry and any portion thereof, or the likeness of any natural person therein. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual and audio material contained in the Instagram Entry.
Instagram Entries must not contain material that: (i) contains or depicts misuse of the Boppy Nursing Pillow (i.e., in violation of the product warning labels) or any other Boppy product; (ii) the contains or depicts someone smoking or intoxicated; (iii) violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (iv) contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (v) contains any unacceptable clothing or adornments (including but not limited to political, personal and religious statements); (vi) contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous; (vii) references persons or organizations without their written permission; (viii) disparages any persons or organizations; (ix) includes threats to any person, place, business or group; or (x) is unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations.
Failure of any Instagram Entry to comply with the above Instagram Entry Requirements as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Instagram Entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, its products, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
- ODDS OF WINNING. Odds of winning a prize depend on the number of eligible Entries received during each Entry Period. Winner(s) are selected at random.
- PRIZE DETAILS. One (1) Grand Prize winner from each Entry Period will receive a $500 American Express® gift card.
Any difference between stated value and actual value will not be awarded. No transfer, refund, substitution or replacement of a prize is permitted, except that the Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Limit one (1) prize per person per household for this Sweepstakes. Prizes pictured in point-of-sale, online, television and print advertising, promotional packing and other Sweepstakes materials are for illustrative purposes only. Applicable taxes on prizes are the sole responsibility of the Winners.
- DRAWING; WINNER NOTIFICATION. Sponsor or Sponsor’s designee will randomly select potential winner(s) from among all eligible Entries received during the applicable Entry Period. The Entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. The Potential winner will be notified via the Instagram Account starting on or about the 9th day of the month following the applicable quarterly Entry Period from which the potential winner is selected. Once notified, a selected potential winner must respond to the Sponsor with the required prize claim documentation, by email, no later than 11:59 p.m. MT on the last day of the month in which notice is sent to the potential winner. The Sponsor is not responsible for any change in a Entrant’s Instagram Account. If attempted notification is returned as undeliverable, if any required documents are not returned by 11:59 p.m. MT on the last day of the month in which the potential winner is notified, if a selected potential winner cannot be verified, or if a selected potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited. An alternate winner will be selected to receive a forfeited prize from the remaining eligible Entrants pursuant to these Official Rules until the prize has been properly claimed.
- PUBLICITY RELEASE. Except where prohibited or restricted by law, a Winner’s acceptance of a prize constitutes Winner’s agreement and consent for the Sponsor to use and/or publish each Winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), statements made by Winner regarding the Sweepstakes or the Sponsor, and the Entry (which may be altered, changed, modified, edited, used alone or with other works, used in whole or in part, as solely determined by the Sponsor) worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotions on behalf of the Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, Internet or World Wide Web, without further compensation, consideration, notice, review or approval.
- NO TAMPERING; RIGHT TO CANCEL, MODIFY. The Sponsor, its parent companies, affiliates, subsidiaries, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) Entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming a prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties;(e) any inability of the selected potential Winner to accept the prize for any reason within the requisite time period; or (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond the Sponsor’s reasonable control. The Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of the Sweepstakes, or with any page or website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; (iii) entering or attempting to enter the Sweepstakes through the use of multiple email addresses or the use of any robotic or automated devices to submit Entries; or (iv) using any other device or artifice to register as multiple registrants. If the Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, the Sponsor reserves the right to void the Entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes to award the prize(s) as deemed fair and equitable by the Sponsor, in its sole discretion. If the Sweepstakes is terminated or modified due to technical difficulties or unforeseen events prior to the expiration of the Entry Period, notice will be posted on the Sponsor’s website.
- RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY. By participating in the Sweepstakes, each Entrant agrees to release the Sweepstakes Parties, The Boppy Company LLC, and its and their respective parents, affiliates, subsidiaries, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties“) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Sweepstakes, the Entry, or the possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, including any travel related thereto. The Released Parties assume no responsibility for any injury or damage to an Entrant’s or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes.
- LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of Entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected Entries or Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of Instagram or other website or service; (d) unauthorized intervention in any part of the Entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Sweepstakes or the processing of Entries; or (f) any injury or damage to persons or property, including but not limited to Entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website or social media pages, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected thereto by a hypertext link.
- DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Jefferson County, Colorado, and Entrant submits to sole and exclusive personal jurisdiction to said courts in Jefferson County, Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any) not to exceed $40.00, but in no event will attorneys’ fees be awarded or recoverable; (c) under no circumstances will Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, indirect, special, punitive, consequential, lost profits and/or any other damages, other than actual out of pocket expenses not to exceed $40.00, and/or any rights to have damages multiplied or otherwise increased; and (d) Entrant’s remedies are limited to a claim for money damages (if any) and entrant irrevocably waives any right to seek injunctive or equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions.
- WINNERS LIST. To request a list of winners, send a self-addressed postage-stamped envelope to The Boppy Company, LLC, 560 Golden Ridge Road, Suite 150, Golden, CO 80401– “Boppy® #BoppyLove Sweepstakes Winner List Request”. Requests for an Entry Period must be received no later than two (2) months after the end of the applicable quarterly Entry Period.
© 2019 The Boppy Company, LLC. All rights reserved.