THE MOMLOGIC.COM / The Harley Pasternak Zip Up Your Jeans Challenge
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The “MomLogic.com / The Harley Pasternak Zip Up Your Jeans Challenge” (“Sweepstakes”) is open to individuals who are at least 18 years of age or older on the date of entry, who are legal residents of any one (1) of the fifty (50) United States or the District of Columbia (collectively the “U.S.”), and who reside and are physically domiciled in the U.S. Residents of Guam, Puerto Rico and all other U.S. territories and possessions as well as employees of foreign-based U.S. military bases and embassies are not eligible to enter this Sweepstakes. GNH Productions, Inc. and Waterfront Media are the co-sponsors of the Sweepstakes (collectively, the “Sponsor” unless otherwise indicated). Employees of GNH Productions, Inc., Waterfront Media, MomLogic.com (“MomLogic”), Telepictures Productions, Inc., Time Warner, Inc., Warner Bros. Entertainment, Inc., their respective parent companies, subsidiaries or advertising and Sweepstakes agencies associated with the Sweepstakes or prize suppliers for the Sweepstakes, or their respective employees, directors and officers (“Sweepstakes Parties”) and the immediate family members of each (regardless of where those immediate family members live) and those living in the same household of each (whether related or not) are not eligible to enter this Sweepstakes. For the purposes of the Sweepstakes, immediate family members are defined as mother, father, in-laws, grandmother, grandfather, brother, sister, spouse, legally recognized domestic partner, children and grandchildren.
All applicable federal, state and local laws and regulations apply. Void where prohibited.
By entering this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: On-line entry is the only method of entry for the Sweepstakes. Limit one (1) entry per person/household, per day during the Sweepstakes Period (as hereinafter defined). A “day” for the purpose of this Sweepstakes begins at 6 a.m. Pacific Time (PT) and ends at 5:59:59 a.m. PT. The Sweepstakes begins at 6 a.m. PT on February 27, 2009, and ends at 5:59:59 a.m. PT on April 24, 2009 Mondays through Fridays only (the “Sweepstakes Period”). Sweepstakes entries will not be accepted if received on a Saturday or Sunday during the Sweepstakes Period. Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer will serve as the official time piece for the Sweepstakes.
Go to http://community.momlogic.com/ and click on the The Harley Pasternak Zip Up Your Jeans Challenge icon. You will be taken to the Sweepstakes page on the web site (http://www.momlogic.com/giveaways/zip_up_your_jeans.php). Sign up to become a member of the Momlogic community and a member of the Zip Up Your Jeans Group which will qualify you for daily prizes as well as the Sweepstakes grand prize. You will then be taken to the Sweepstakes entry form page. Follow the on-screen instructions to register for the Sweepstakes, and in the spaces provided enter the following information: the Daily Word, your first name, last name, city, state, zip code, e-mail address, and date of birth. You will also be required to check a box acknowledging that you have read and that you accept the Sweepstakes Official Rules.
Submission of false or misleading personal information by a participant will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by the Sponsor, at their sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry.
WINNER SELECTION / ODDS:
The Sponsor will conduct random draws as follows:
1. Daily Drawings:
(a) There will be thirty two (32) individual daily drawings on Mondays through Thursdays commencing Friday, February 27, 2009. Winners of the daily drawings held on Mondays through Thursdays will receive a prize of one (1) copy of the 5 Factor Diet Book (“Monday –Thursday Daily Drawings”).
(b) There will also be eight (8) individual daily drawings on Fridays only commencing Friday, February 27, 2009 (the final of these, i.e. the tenth drawing will occur on Friday April 17, 2009). Winners of the daily drawings held on Fridays will receive a prize consisting of (1) copy of the 5Factor Diet Book plus a one (1) year subscription to 5FactorDiet.com (“Friday Daily Drawings”) (Monday –Thursday Daily Drawings and Friday Daily Drawings referred to here collectively as “Daily Drawings”).
(c) Each Daily Drawing will select one (1) daily potential winner from among all eligible entries received the previous day (or, in the case of the final day of the Monday - Thursday Daily Drawings from all eligible entries received on Thursday, April 23, 2009, and in the case of the final day of Friday Daily Drawings, from all eligible entries received on April 24, 2009). There will be no Daily Drawings for Saturdays or Sundays during the Sweepstakes Period.
(d) However, commencing on April 9, 2009 the Sponsor will chose two (2) Monday-Thursday Daily Drawing winners and two (2) Friday Daily Drawing winners each day.
2. Grand Prize Drawing: There will be one (1) Grand Prize drawing on or around Friday, April 24, 2009, from among all eligible daily entries received during the entire Sweepstakes Period. Daily winners are also eligible to win the Grand Prize.
If there are no eligible entries from which to select a winner on a particular day, that day’s prize will be awarded during the next drawing for which there are eligible entrants. Therefore, there could be two or more random drawings on one day.
If your entry is randomly drawn and it meets the Sweepstakes’ eligibility criteria, you could be eligible to win a prize (subject to Sponsor’s verification process). If a potential prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a prize is forfeited and an alternate randomly drawn eligible entry will be contacted. Odds of winning depend on the total number of eligible entries containing the correct Daily Word received by the respective daily deadline.
All prizes legitimately claimed will be awarded.
In the event of a dispute regarding the identity of an entrant, the entry will be deemed submitted by the authorized account holder of the e-mail address or cell-phone number provided. An “authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.
Total approximate retail value (“ARV”) of all prizes in this Sweepstakes: $8,030.00
A maximum of fifty (50) daily prizes and a maximum of one (1) grand prize will be awarded. Each daily/double daily or grand prize shall consist of the following:
|ITEM||ARV OF EACH||TOTAL|
One book will be awarded to one (1) winner in each daily prize random drawing. The number of books to be awarded in any given drawing will be determined at random by Sponsor. The days(s) on which more than one book will be awarded to one (1) winner will be determined at random by Sponsor. Sweepstakes participants are eligible to win more than one daily prize.
One subscription for one (1) year to the 5FactorDiet.com Website will be awarded to one (1) winner in each double winner daily prize random drawing. The number of yearly subscriptions to be awarded in any given drawing will be determined at random by Sponsor. The days(s) on which more than one book plus yearly subscription will be awarded to one (1) winner will be determined at random by Sponsor. Sweepstakes participants are eligible to win more than one daily prize.
One grand prize will be awarded to one (1) winner on the last day in a random drawing. The prize includes two (2) one-hour training sessions with Harley Pasternak or his training staff with two (2) round trip coach tickets to Los Angeles from any city in the Continental United States and a three (3) night stay at a 4-star hotel in the Greater Los Angeles area or similar. The day(s) on which the grand prize will be awarded to one (1) winner will be determined at random by Sponsor. Sweepstakes participants are not eligible to win more than one grand prize.
No credit or cash will be given for any unused portion of the Grand Prize.
Refusal or return of any daily prize as undeliverable will also result in disqualification and an alternate entry will be randomly drawn.
DAILY PRIZE WINNERS NOTIFICATION PROCESS:
Daily prizewinners will be notified by telephone and via e-mail. If a prizewinner does not accept the prize via reply e-mail within three (3) business days following the date and time the notification e-mail is sent, then that winner will be disqualified and an alternate winner will be randomly drawn from entries received on the day of the original drawing.
At its sole discretion, the Sponsor may require a tentative daily prize winner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Affidavit/Release”). If required, Affidavit/Release must be returned to the Sponsor within forty-eight (48) hours of receipt of the Affidavit/Release. A disqualification will result and an alternate entry will be randomly drawn if the Affidavit/Release is not returned to the Sponsor within the specified time.
Refusal or return of any prize notification, Affidavit/Release or prize as undeliverable will result in disqualification and an alternate entry will be randomly drawn.
If a daily prize winner is under the age of majority in their State of residence, the daily prize will be awarded in the name of that winner’s parent or legal guardian.
ADDITIONAL PRIZE INFORMATION:
There is no substitution for any prize or any portion thereof, except due to unavailability, in which case a prize of equal or greater value will be awarded at the sole discretion of the Sponsor. Prizes are not transferable, assignable or redeemable for cash. All prize details are at Sponsor’s sole discretion. Prizes consisting of personal services must be redeemed within twelve (12) months of award or within the time frame established by such personal services provider.
Each daily prize will be shipped to the respective daily prize winner within four to six weeks following selection of that daily prize winner.
Prizewinners are solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded. Prize winners will be issued an IRS form 1099 based on the ARV of each prize awarded.
ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
BY ENTERING, PARTICIPANTS (OR, IF PARTICIPANT IS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THEN PARTICIPANT’S PARENT OR LEGAL GUARDIAN) RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SWEEPSTAKES PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE ECONOMIC AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION,
MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES PARTIES.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
BY ENTERING, EACH PARTICIPANT (OF, IF PARTICIPANT IS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THEN PARTICIPANT’S PARENT OR LEGAL GUARDIAN) AGREES THAT THE SWEEPSTAKES PARTIES ASSUME NO LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION OR AWARDING OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO
PERSON OR PROPERTY DUE TO AN INTENTIONAL ACT, AN ACT OF NEGLIGENCE OR DEFAULT AND/OR ANY ACT OF GOD.
The Sweepstakes Parties are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Parties are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Parties or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Parties, the user or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select prizewinners from all entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All participants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Sweepstakes. Participants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR
SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR CAMPAIGN VIOLATES CRIMINAL OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR SPONSORMAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
GOVERNING LAW AND VENUE:
The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under 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. Each participant and their parent/legal guardian agree (i) that any or all lawsuits brought by participants or their parents or legal guardians pursuant to these Official Rules or the Sweepstakes will be brought in the courts located in Los Angeles, California and (ii) 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. Entrants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Sweepstakes but in no event attorneys’ fees. Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive 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.
OFFICIAL RULES AND WINNERS LIST:
For a printed copy of the Official Rules prior to the end of the Sweepstakes or a Winners List (available commencing April 29, 2009 through May 13, 2009), send a self-addressed, stamped envelope to “The MomLogic.com / Harley Pasternak – The Zip Up Your Jeans Challenge” Winners List Rules or Winners’ List (indicate which), Telepictures Productions, Inc., 4000 Warner Boulevard, Burbank, California 91505. Vermont residents may omit return postage for rules requests. To view complete Official Rules online, visithttp://www.momlogic.com.
Sponsors: GNH Productions, Inc., 4000 Warner Blvd., Burbank, California 91505 and Waterfront Media, 268 SE 13th Street, Ft. Lauderdale, Florida 33316.
© 2009 Telepictures Productions, Inc. All rights reserved.