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Hot Wheels® "Take 10" Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE PARTICIPANTS’ CHANCES OF WINNING.
1. PROMOTION DESCRIPTION: The Hot Wheels® "Take 10" Giveaway (the “Promotion”) begins on August 1, 2012 at 12:01:00 a.m. Pacific Standard Time (“PST”) and ends on October 13, 2012 at 11:59:59 p.m. PST (the “Promotion Period”). The Promotion consists of: six (6) Weekly Prizes to be awarded through a random drawing from among all eligible entries received throughout the Promotion Period. All federal, state and local laws apply. Promotion is void where prohibited.
2. ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia, who are twenty-one (21) years of age or older as of the date of registration (the “Participants”). Employees of Mattel (“Mattel”) and Mom Inc. d/b/a ModernMom.com (“ModernMom”) their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Released Parties”), and each of their immediate family members (spouses, parents, children, and siblings and their spouses) and household members (whether related or not), are not eligible to participate or win.
3. HOW IT WORKS:
During the Promotion Period, go to www.ModernMom.com/contest/hotwheels (the “Brand Page”) and follow the on-screen instructions to register for the Promotion. Once an eligible Participant has completed registration, he/she will receive one (1) entry into the Weekly Prize Drawing. Limit one (1) entry into the Weekly Prize Drawing per person and/or per e-mail address per day for the duration of the Promotion Period.
Use of computer programs and other automatic means to participate in the Promotion is prohibited and will result in disqualification. Any attempt by any Participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that Participant may be disqualified. Normal Internet access and usage charges imposed by Participants online service may apply.
4. DETERMINATION OF WINNERS AND ODDS OF WINNING:
Odds of Winning: Odds of winning the Weekly Prize are dependent on how many eligible entries are received during the Promotion Period.
WEEKLY PRIZE RANDOM DRAWING:
Every Monday during the Promotion Period, one (1) Weekly Prize winners will be randomly selected from all eligible entries received for each day during the previous week and after the start of the Promotion Period.
NON-WINNING ENTRIES WILL NOT BE ROLLED OVER INTO SUBSEQUENT WEEKLY DRAWINGS. All drawings will be conducted in accordance with these Official Rules by Sponsor, whose decisions on all matters related to the Promotion are final and binding. The potential Weekly Prize winners will be notified by e-mail, using contact information provided or collected at the time of registration. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.
Odds of Winning: Odds of winning a prize are dependent on how many entries are received each week during the Promotion Period.
5. PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"):
One (1) Weekly Prize is available. The Weekly Prize consists of:
One (1) Hot Wheels Carrying Case with Five (5) Cars
The ARV of the Weekly Prizes is $XXX. Total ARV of all Weekly Prizes is $XXX.
Winners are awarded prizes “as is” with no warranty or guarantee, either express or implied by ModernMom. No transfer, substitution or cash equivalent permitted by winner. ModernMom reserves the right, at its sole discretion, to substitute the prize with one of comparable or greater value. All prize details are at ModernMom’s discretion. Limit one (1) prize per person. All other expenses not mentioned above are the sole responsibility of winner.
6. GENERAL PRIZE CONDITIONS: All prizes are non-transferable, and must be accepted as awarded, with no substitutions of any kind, whether in cash or otherwise, except at ModernMom’s sole discretion. ModernMom reserves the right to substitute a prize, or any portion thereof, with a prize of equal or greater value, as determined by ModernMom in its sole discretion, if a prize cannot be awarded as described herein for any reason. Prize winner(s) shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, IRS form W-9 and (where imposing such condition is legal) a Publicity Release as well as any other documents required by ModernMom in its sole discretion, to claim the prize (collectively, “Prize Claim Documents”). If the Prize Claim Documents are not signed, notarized (if applicable) and delivered within seven (7) days of potential winner notification it may result in a forfeiture of the prize and the prize may be awarded to an alternate winner selected by ModernMom by a method determined by ModernMom, in its sole discretion.
7. GENERAL RULES: By participating in the Promotion, Participants agree to be bound by these Official Rules and the decisions of ModernMom. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. The Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Promotion application or the Promotion or by any human error which may occur in the processing of the entries in the Promotion or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Promotion. In the event of a dispute as to any entry, the authorized account holder of the email address provided at the time of registration will be deemed to be the Participant. Winner may be required to show proof of being the authorized account holder of the account associated with the entry. Proof of entering information via the Promotion application does not constitute proof of delivery or receipt of such information. ModernMom is not responsible for the failure of any email or entry to be received on account of technical problems or congestion on the internet or at any website. ModernMom reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Promotion or Promotion application; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion or Promotion application may be a violation of criminal and civil law, and, should such an attempt be made, ModernMom reserves the right to seek damages from any such person to the fullest extent permitted by law. ModernMom's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of ModernMom which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion or application, then ModernMom reserves the right at its sole discretion to cancel the Promotion and select the winner(s) in a random drawing from among all eligible entries received prior to cancellation. By participating in the Promotion, Participants agree that the Released Parties, and all of their respective parent companies, subsidiaries, affiliates, shareholders, officers, directors, employees and assigns, members, representatives and agents, will have no liability whatsoever for, and will be held harmless by Participants for any liability for any bodily injury, loss, cost or damages of any kind to Participant or any other person, including death and property, damages sustained due in whole or in part, directly or indirectly, from participating in the Promotion or any Promotion related activity, or the acceptance, possession, use or misuse of any prize or parts thereof, if applicable, or participation in the Promotion.
CAUTION. ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE BRAND PAGE OR THE PROMOTION APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, MODERNMOM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. BY ENTERING THE PROMOTION, PARTICIPANTS AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO PARTICIPANTS.
8. LIMIT OF LIABILITY: IN NO EVENT SHALL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARS, AFFILIATES, DIRECTORS, OFFICERS, OWENERS, MEMBERS, PARTNERS, MANAGERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNATIVE OR INDIRECT LOSS, DAMAGE OR EXPENSE, EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.
9. BY PARTICIPATING, PARTICIPANTS AGREE:
i. to abide by these Official Rules, and the decisions of ModernMom regarding eligibility, selection of winner, determination of prize or alternate prize, and any other elements of this Promotion, which shall be made by ModernMom in its sole and absolute discretion and which decisions will be final and binding;
ii. to release, discharge and indemnify, defend, and hold harmless each of the Released Parties, as well as each of their respective parent companies, subsidiaries, affiliates, directors, officers, owners, members, partners, managers, employees and agents from all liability, claims, damages and causes of action (however named or described) with respect to or arising out of any losses or injuries to the person, including death, or property, or both, of entrants or any other person which may result, be sustained, or be received by entrants, as a result of either (a) participation in or administration of this Promotion, (b) the receipt, use or misuse of any prize, or (c) the exploitation of any of the rights granted herein;
iii. that ModernMom reserves the right to amend or terminate this Promotion if, in the sole and absolute judgment of ModernMom, any factor interferes with the proper conduct of the Promotion as contemplated by these Official Rules;
iv. that the Released Parties, as well as each of their respective parent companies, subsidiaries, affiliates, directors, officers, owners, members, partners, managers, employees and agents, shall not be liable to any prize winner or any other person for failure to supply any prize, or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the commercially reasonable control of ModernMom;
v. that in consideration for being awarded a prize, each prize winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by ModernMom except where such use is prohibited.
11. GOVERNING LAW: This Promotion shall be governed by and construed in accordance with the laws of the State of California (without giving effect to choice of law principles). In the event of a dispute arising out of this Promotion, the parties agree to submit to the jurisdiction of the courts of the State of California. Venue shall be in the Federal and/or state courts located in Los Angeles County, California.
12. SPONSOR: The Sponsors of the Promotion is Mattel and Mom Inc. dba ModernMom.com, 1333 Second St., Suite 620; Santa Monica, CA 90401.
13. WINNERS LIST: The winner’s name will be posted at www.modernmom.com on or about 11.1.12