“Love your Mom Bod” Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING, WHICH DEPEND UPON THE TOTAL NUMBER OF ENTRIES RECEIVED. READ CAREFULLY BEFORE ENTERING. BY ENTERING, YOU AGREE TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES.
1. Sponsor. The Love Your Mom Bod sweepstakes (“Sweepstakes”) is sponsored by Uni Grace Corp. d/b/a Parfait Lingerie, 17300 Railroad St. Unit C, City of Industry, CA 91748 (the “Sponsor”).
2. Eligibility. The Sweepstakes is limited to female legal residents of the United States, District of Columbia and Canada who are at least eighteen (18) years of age or older at the time of entry. Employees, contractors, officers and directors of Sponsor, and each of Sponsor’s subsidiaries, agents and affiliates, as well as their respective immediate family members (e.g., spouses, parents, siblings and children) are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Your participation in the Sweepstakes constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning any prize in this Sweepstakes is contingent upon fulfilling all requirements set forth herein.
3. Timing. The Sweepstakes begins at 7:00 a.m. Pacific Time (“PT”) on April 14, 2018 and ends at 5:00 p.m. PT on May 13, 2018 (the “Sweepstakes Period”).
4. How to Enter.
Method Number 1: You must follow Parfait on Twitter®, Facebook® or Instagram® (each, a “Platform”). For your entry to be valid, you must select a platform to upload an image of your “mom bod” in a bathing suit (the “Content”). The Tweet, Facebook or Instagram post that you upload must be hashtagged “#PerfectFigure”, and must tag Parfait’s social media handle. Below are Parfait’s social media handles:
You may enter the Sweepstakes as many times as you like. Entries that are submitted before or after the Sweepstakes Period will be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, all of which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized Twitter, Facebook or Instagram account holder, as applicable, will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The Sponsor’s server is the official timekeeping device with respect to the completion of the entry form on the Website. The Platform’s server is the official timekeeping device with respect to the message containing the #PerfectFigure hashtag.
Method Number 2: If you wish to submit an entry for the Sweepstakes without uploading an image to social media as set forth above, please send a letter or postcard with your name, mailing address, email address and phone number to Love Your Mom Bod Sweepstakes, c/o Parfait Lingerie, 17300 Railroad St. Unit C, City of Industry, CA 91748, ATTN: Parfait Lingerie Marketing. Your entry must be received no later than May 13, 2018 to be eligible for the Sweepstakes. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, all of which will be disqualified.
5. Content Requirements. Entrant represents and warrants that entrant owns or otherwise possesses the necessary right, title and interest in and to the Content in its entirety. Each entrant grants to Sponsor and its affiliates, subsidiaries, licensees, representatives, agents, successors and assigns, a perpetual, worldwide, royalty-free, unrestricted, non-exclusive right and license to copy, distribute, transmit, publish, broadcast, alter, edit, exhibit, disseminate, display, reproduce, commercialize, create derivative works from and otherwise use or exploit such Content in any and all manner, format or media now known or hereafter devised, for advertising and promotional purposes. You further agree to execute and deliver such additional documents, instruments or agreements deemed necessary by Sponsor to effectuate such grant. You represent and warrant that the Content is and shall not (i) be unlawful, obscene, offensive, profane, lewd, sexually explicit, threatening, harassing, hateful, disparaging or defamatory; (ii) violate or infringe upon any intellectual property or other proprietary right (including but not limited to rights of privacy or publicity) of any third-party; (iii) include a commercial solicitation; or (iv) breach these Official Rules. The submission of such Content by entrant shall result in entrant’s immediate disqualification. By entering the Sweepstakes, you understand that the Content will be posted online and viewed by members of the general public. Normal Internet access and usage charges imposed by your online service provider may apply.
6. Selection, Notification and Verification of Winners. One (1) potential winner will be selected on May 14, 2018 by 12:00 PM PT from a random drawing of all entries received during the Sweepstakes Period. In order to claim a prize, the potential winner shall be required to sign and return to Sponsor an IRS form W-9, if applicable, and an affidavit of eligibility and liability/publicity release (an “Affidavit”) within five (5) days of the date notice or attempted notice is sent. If a potential winner cannot be contacted, fails to timely sign and return the Affidavit, or any prize is returned as undeliverable, then such potential winner forfeits such prize and shall be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries received during the Sweepstakes Period. Only one (1) alternate drawing will be conducted for the prize after which such prize will remain un-awarded. Winner will be announced on Parfait’s social media within three (3) days after verification is completed in each instance. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SUCH ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
7. Prizes. A Prize will be awarded to one (1) grand prize winner. The grand prize winner will receive a two night hotel stay selected by Parfait. The approximate retail value of the grand prize is $300. No cash or other substitution, assignment or transfer of any prize is permitted, except by Sponsor, who reserves the right, but is under no obligation, to substitute any prize or prize component with cash or another prize of comparable or greater value, in its sole discretion. Each winner is responsible for all federal, state and local taxes and fees associated with prize receipt. EACH PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
8. Publicity. Except where prohibited, by participating in the Sweepstakes, each entrant irrevocably grants the Sponsor and its respective successors and assigns, the right to use such entrant’s name, likeness, voice, image, statements and biographical information in any and all media, now known or hereinafter devised, for advertising and promotional purposes, and each entrant hereby releases the Sponsor and its respective successors and assigns from any liability with respect thereto.
9. Right to Cancel/Modify. Subject to any governmental approval that may be required, Sponsor reserves the right to cancel or modify the Sweepstakes, without prior notice and in Sponsor’s sole discretion, if fraud, technical failures, force majeure or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes. In such event, Sponsor, in its sole discretion, may (i) award the prizes at random from among the eligible entries received up to the time of the impairment or (ii) choose not to award any prizes.
10. INDEMNIFICATION AND RELEASE. BY PARTICIPATING IN THE SWEEPSTAKES, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR, ITS SUBSIDIARIES, AFFILIATES, RETAILERS, AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COVERED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, DAMAGES, DEMANDS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) AND LOSSES (COLLECTIVELY, “CLAIMS”) OF ANY KIND IN CONNECTION WITH THE SWEEPSTAKES, THE CONTENT, THE PRIZES AND/OR THESE OFFICIAL RULES. YOU HEREBY WAIVE ANY AND ALL RIGHTS AND FULLY AND FOREVER RELEASE THE COVERED PARTIES FROM ANY AND ALL CLAIMS INCLUDING, WITHOUT LIMITATION, DEFAMATION, RIGHT OF PRIVACY OR OF PUBLICITY, IN CONNECTION WITH THE SWEEPSTAKES, THE CONTENT, THE PRIZES AND/OR THESE OFFICIAL RULES.
11. Limitations of Liability. Covered Parties are not responsible for: (i) lost, late, incomplete, invalid, unintelligible or misdirected entries; (ii) technical failures of any kind, including, without limitation, the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human or non-human intervention, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (v) electronic or human error which may occur in the administration of the Sweepstakes; (vi) any printing or typographical error in any material associated with the Sweepstakes; (vii) any injury or damage to persons or property, including, without limitation, entrant’s computer, hardware or software, which may be caused, directly or indirectly, by entrant’s participation in the Sweepstakes or (viii) any condition caused by factors beyond the reasonable control of Sponsor.
12. Disputes. Entrant agrees that: (i) any and all disputes in connection with the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California, Western Division or the appropriate California State Court located in Los Angeles County, California; (ii) any and all judgments and awards shall be limited to actual out-of-pocket costs (excluding attorneys’ fees and court costs) incurred and (iii) under no circumstances will Entrant be permitted to obtain a judgment or award for, and entrant hereby waives all rights to claim, punitive, incidental, special or consequential damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE MENTIONED LIMITATIONS OR EXCLUSIONS 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
13. Non-Endorsement. The use of any non-Sponsor trademark, service mark, logo or other mark in connection with the Sweepstakes or any prize is not meant to imply the endorsement of, or affiliation with, the owner of such mark. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with the Platforms. You understand that you are providing your information to Sponsor and not to the Platforms.
15. Winner List. Sweepstakes results and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to Parfait Lingerie, 17300 Railroad St. Unit C, City of Industry, CA 91748, Attn: Jesslynn Marquez. Be sure to specify your request for ‘Results’ and/or ‘Official Rules.’ Vermont residents may omit return postage.
16. Miscellaneous. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Official Rules or otherwise acting in a disruptive manner. Any attempt by any person to deliberately undermine the operation of the Sweepstakes is 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 Official Rules will not constitute a waiver of that provision. If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision. Headings are solely for convenience of reference and shall not be deemed to affect the meaning or intent of any provision hereof. In the event that there is any inconsistency between any Sweepstakes-related communications or materials and these Official Rules, these Official Rules shall control.
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