AUSSIE KIDS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Sponsor: The “Aussie Kids Giveaway” Sweepstakes (the “Sweepstakes”) is sponsored by Aussie Kids, Inc. (hereafter “Sponsor”).
2. Eligibility: These are the Official Rules (the “Official Rules”) for the Sweepstakes. The Sweepstakes is open only to persons who are legal residents of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam and the U.S. Virgin Islands), who are at least eighteen (18) years of age on or before January 18, 2016. Any individuals (including but not limited to employees, officers, directors, consultants, independent contractors, and interns), who have, within the past six (6) months, performed services for the Sponsor (hereafter the “Administrator”), their parent, subsidiary, or affiliated entities, or agents acting on behalf of the above entities, including but not limited to all other promotional partners, or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prize(s), and/or their respective parents, affiliates, subsidiaries, licensees and distributors, and immediate family and household members of such individuals, are not eligible to enter, play or receive a prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean people who share the same residence at least three (3) months a year. Eligibility is subject to all federal, state, and local laws and regulations.
3. Entry Period: Consumers may enter the Sweepstakes between January 18, 2016 12:01 am Eastern Standard Time (“PT”) and February 28, 2016 at 11:59 pm PT (the “Entry Period”).
4. How to Enter: NO PURCHASE NECESSARY. To enter, visit www.Facebook.com and locate the Aussie Kids Company Facebook page (Sponsor’s “Facebook” page) between January 18, 2016 and February 28, 2016, click to “Giveaway”, fill out entry form and share current contest post. Limit one (1) entry per person/Facebook membership per week. An entrant will get an additional entry every time another individual enters the contest as a result of the original entrant’s link. All subsequent entries (additional to the initial entry) will be included in the contest. All entries are subject to verification by the Administrator. Incomplete, illegible or mutilated entries will be automatically disqualified. No responsibility is assumed for lost, late, misdirected, damaged, altered or illegible entries. Any attempted form of entry other than as described herein is void. Administrator and or Sponsor will determine in its sole discretion what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged. In the event of a dispute about the identity of an entrant, entries will be declared made by the registered Facebook member. The potential winner may be required to provide Sponsor with proof that the potential winner is the registered Facebook member. The Sponsor reserves the right to cancel or modify the sweepstakes if fraud or technical failure compromises the integrity of the promotion as determined by Sponsor in its sole discretion. The Sponsor is not responsible for technical, hardware, software or telephone failures of any kind, incomplete, garbled or delayed computer transmission whether caused by the Sponsor of the web site, the user, or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the process of submissions which may limit a participant’s ability to participate in this promotion.
5. Sponsor’s Rights to Entries: By submitting an entry, you: (a) irrevocably grant the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of your entry, or require any further permission for the Sponsor to use the entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.
6. Winning: A random drawing will be held by the Administrator on or about Monday, each week during the contest to select the one weekly winner among all eligible Facebook members who have opted to “Enter” and “Share” Aussie Kids’ page and sweepstakes page. Odds of winning depend upon the number of entries received. Decisions of the Administrator and all judges are final in all respects. The prize cannot be transferred, redeemed for cash or substituted except by the Administrator because of prize unavailability.
7. Prize: Six prizes will be awarded. The approximate retail value is $62. The prize includes 2 free classes. Prizes are not transferable or redeemable for cash. Sponsor reserves the right to make equivalent substitutions as necessary, due to circumstances not under its control. Winner is responsible for any and all taxes, including income taxes, should there be any. By entering, participants release and hold Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, franchisers, distributors and advertising and promotional agencies, and each of their respective directors, officers, employees, and agents, and all others associated with the development and execution of this Sweepstakes (collectively, the “Promotion Entities”) harmless from and against any and all liability, losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes-related activity, prize, taxes, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Each entrant waives the right to assert, as a cost of winning a prize, any and all costs of redemption or travel to redeem said prize. The Promotion Entities will not replace any lost or stolen prize items once in the Winner’s possession.
8. Publicity: Acceptance of prize constitutes permission (except where prohibited by law) to use Winner’s name, hometown, voice, prize won and sweepstakes responses for purposes of advertising, promotion and publicity without additional compensation. Submission of an entry grants the Sponsor and their agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the entrant. Submission of an entry further constitutes the entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights. You acknowledge that Sponsor is in no way obligated to publish or use your submission in any way. All federal, state and local laws and regulations apply. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and Sponsor. In no way are you to be construed as the agent or to be acting as the agent of Sponsor.
9. Potential Winner Notification: The potential Prize winner will be notified by phone, mail, email or via express mail delivery service. Entrants acknowledge the odds of selection as forth above and hereby hold Aussie Kids harmless from any failure to win or any complaint or dissatisfaction related to the sweepstakes. It is understood that the chance to be a winner will be determined by the number of entrants. It is anticipated that there will be fewer than 50,000 entrants. If there should be 50,000 entrants, the percentage of being a winner would be 1 out of 50,000 (1/50,000). Failure to collect the prize constitutes forfeiture of the prize. If forfeited, the prize will remain the property of the Aussie Kids. Another winner will not be selected. The Sponsor reserves the right to make rule or sweepstakes changes without notice at any time. The Sponsor also reserves the right to change the aforementioned sweepstakes dates without notice. The decision of the Sponsor in the interpretation of these rules is final. By participating, persons agree to be bound by the decisions of the judges and the official rules. If the winner is found in violation of the rules, he/she may be required to forfeit his/her prize. Aussie Kids, and their representatives, agencies and employees, are not responsible for any liabilities arising directly or indirectly from the award or any resulting problems, expenses or consequential damages or losses associated with the sweepstakes or the prize. Aussie Kids, and their representatives, agencies and employees, are not responsible for any changes or difficulties in executing the prize, or prize delivery.
10. Conduct: By participating in this Sweepstakes, each entrant agrees to abide by these Official Rules and the decisions of the Sponsor, Administrator and Judges, which are final and legally binding as they pertain to this Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or the web site or to be acting in violation of the Official Rules. Sponsor reserves the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY ADMINISTRATOR’S SITE OR ANY THIRD PARTY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Notice to Sweepstakes entrants: Sponsor is not responsible for problems downloading or uploading of any Sweepstakes-related information or entries to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Sweepstakes. If applicable, mass entries or entries generated by a script, macro or use of automated devices will be disqualified. Sponsor reserves the right to modify, suspend or cancel the Sweepstakes in its entirety at any time, including without limitation in the event the Sweepstakes becomes infected by a computer virus or is otherwise technically impaired, or should tampering, unauthorized intervention, fraud, technical failures or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. If this is the case, a winner will be selected from among all entries received prior to cancellation according to the criteria set forth above.
12. Severability and Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforce ability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
13. Disputes and Governing Law: 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 a federal or state court located in the state of Atlanta 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.
14. Construction: All issues and questions concerning the construction, validity, interpretation and enforce ability 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 Georgia, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
15. Disclaimer and Force Majeure: Administrator, Sponsor, and the other Promotion Entities are not responsible for: (1) typographical errors in any materials relating to the Sweepstakes; (2) lost, misdirected, illegible, incomplete, or delayed entries; (3) cancellations, postponements, or delays; (4) Acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder; (5) unauthorized human intervention in any part of the entry process or the Sweepstakes; (6) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or any other causes beyond such parties’ control, making it inadvisable, illegal, impossible, or impractical to continue the Sweepstakes or to perform under these Official Rules. Administrator and Sponsor make no warranty, guarantee, or representation of any kind concerning any prize; Administrator and Sponsor specifically DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.