FIT4MOM Official Sweepstakes Rules
BABY REGISTRY GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION AND ELIGIBILITY: Baby Registry Giveaway (“Sweepstakes”) is sponsored by Stroller Strides, LLC, DBA FIT4MOM, Ergobaby, BOB Gear, Lalo, Emdash, The Prego Expo, ThirdLove, GoBe Kids, Emulait, The Bee & The Fox, That's it., and SCOUT (each, a “Sponsor”). Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, excluding citizens of Rhode Island, who are twenty-one (21) years of age or older at the time of entry. All employees of the Sponsors, or any other entity involved in the administration or promotion of the Sweepstakes (collectively, "Sweepstakes Entities"), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are not eligible to participate. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these "Official Rules".
2. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes entry period begins at 12:00 a.m. Pacific Time (“PST”) on July 10, 2023, and ends at 11:59 p.m. PST on July 16, 2023 (the "Sweepstakes Entry Period"). One (1) Winner will be selected from eligible entries submitted during the Sweepstakes Entry Period. Limit one (1) entry per person and per e-mail address. May receive an additional five (5) “Bonus Referral Entries” by sharing the Sweepstakes through Woobox App using the custom referral link or by using the Woobox App to share on Facebook, Facebook Messenger, Twitter, and/or email.
3. HOW TO ENTER: You may enter the Sweepstakes by signing up on https://fit4mom.com/baby-registry-giveaway “Sweepstakes Website” and completing all required entry fields during the Sweepstakes Entry Period, which fields include first name, last name, email address, and agreement the "Official Rules". Duplicate Entries by the same person will be subject to disqualification. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified. In the event of a dispute as to any email account, the authorized account holder of the email address used to register on the Sweepstakes Website will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. Entries generated by script, macro, or other automated or mechanical means are void. In the event of a dispute, regarding any Entry, the Sponsors reserve the right to disqualify entries from the Sweepstakes. Each entry is an “Entry(is”). Each person submitting an Entry is an Entrant. By entering, the entrant agrees to receive email communications from FIT4MOM, Ergobaby, BOB Gear, Lalo, Emdash, The Prego Expo, ThirdLove, GoBe Kids, Emulait, The Bee & The Fox, That's it., and SCOUT.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsors which, in the sole discretion of the Sponsors, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or any portion thereof), the Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof). The Sponsors also reserve the right in their sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any property or service of the Sweepstakes Entities; or (d) acting in an unsportspersonlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.
ALTERNATIVE MEANS OF ENTRY: You may also enter the Sweepstakes without completing the steps above by mailing a paper entry to STROLLER STRIDES, LLC, DBA FIT4MOM during the Sweepstakes period. To enter via the alternative entry method, send a self-addressed stamped envelope (SASE) with your first name, last name, address, city, state, and zip code to ‘Baby Registry Giveaway’ c/o FIT4MOM, 1084 N. El Camino Real STE B512, Encinitas, CA 92024.
4. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each Entrant grants to the Sweepstakes Entities and their licensed designees (and agrees, in the event, such Entrant becomes a Winner, to later sign an agreement to this effect) a perpetual, worldwide, royalty-free license and right, to publicize, broadcast, display and/or otherwise use the Sweepstakes Entrant's name, likeness, city, state and biographical material in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval of any Entrant or other third party (collectively, "Licensed Rights"). Without limiting the foregoing, each Entrant hereby grants to the Sweepstakes Entities and their third-party service providers who provide content management services (collectively, the “Licensed Parties”) a perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use the Licensed Rights in any manner to be determined in the Sweepstakes Entities’ sole discretion, including but not limited to on their webpages, social media pages operated by the Sweepstakes Entities, and in their other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Sweepstakes Entities may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit the Licensed Rights in any manner in their sole discretion, with no obligation to any Entrant whatsoever. Each Entrant grants the Licensed Parties the right to use their username, real name, likeness, caption, location, or other identifying information, and the Licensed Rights, in connection with any use of such Entrant’s image. Each Entrant hereby represents and warrants that they are at least twenty-one years of age and that the Licensed Parties' use of the Licensed Rights as described herein will not violate the rights of any third party or any law.
5. PRIZE: One (1) grand prize package will be awarded to one (1) winner. Prize package includes one (1) FIT4MOM 3-month unlimited fitness membership valid at any FIT4MOM location in the United States, one (1) 6-week FIT4BABY session valid at any FIT4MOM location in the United States, one (1) Annual FIT4MOM On Demand Subscription, and one (1) $100 store credit at shop.fit4mom.com ($750 Approximate Retail Value (“ARV”)); one (1) Ergobaby Omni Breeze baby carrier, ($199 ARV); one (1) BOB Gear Revolution Flex 3.0 Jogging Stroller and one (1) BOB Gear Single Stroller Infant Car Seat Adaptor ($640 ARV); one (1) Lalo High Chair; ($250 ARV); SCOUT bag set including one (1) SCOUT BJ Bag, one (1) SCOUT Pleasure Chest, one (1) SCOUT Rump Roost LG, one (1) SCOUT Rump Roost MD, and one (1) SCOUT Game Changer all with the patterns/colors of winner’s choice based on availability on scoutbags.com ($279 ARV); one (1) Emdash Beauty Bright-CE Eye Serum, one (1) Vivid Protect Antioxidant Serum, and one (1) Clear Reveal Resurfacing Serum ($202 ARV); one (1) ThirdLove Kinetic Adjustable Sports Bra and one (1) Kinetic Performance Legging ($155 ARV); one (1) month's supply of That’s it. Fruit Bars ($100 ARV); one (1) The Bee & The Fox $50 shop credit valid at thebeeandthefox.com ($50 ARV); two (2) VIP tickets and two (2) VIP SWAG bags to any 2023 Prego Expo of winner’s choosing ($500 ARV); GoBe Original Snack Spinners for each of winner’s children, limit one (1) Snack Spinner per child in any color combination of winner’s choosing based on availability($30+ ARV); and one (1) Emulait Starter Kit ($55 ARV). All prizes are non-transferable and no substitution by winner or cash equivalent is allowed. The Sponsors reserve the right to substitute a prize of equal or greater value in their sole discretion. All fees, federal, state, and local taxes, or other expenses relating to the use, acceptance, and possession of the prize are the sole responsibility of the winner. The winner must have a shipping address in the continental US.
6. SELECTION OF SWEEPSTAKES WINNERS: The potential Winner will be selected in a random drawing, conducted to select one winner from among all eligible entries received during the Sweepstakes Entry Period. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Entry Period. The potential winners will be notified via email to the email provided in their Entry. Potential winners will be required to respond to the Sponsors and execute a Declaration of Eligibility and Release (“Release”) within 7 days of the date on the Release to be eligible to be awarded the prize. If a potential prize winner does not respond to the winner notification email (email will be sent 3 times over a 5-day period) or if the said email is returned as undeliverable; or if an Entrant is otherwise found to be ineligible, or if the selected potential winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner will be selected. The Sponsors reserve the right to modify the notification procedures in connection with the selection of an alternate winner, if any. The Sponsors, in their sole discretion, will attempt to contact up to 3 potential winners per prize in accordance with the above procedure, after which the prize will go unawarded. All decisions of the Sponsors relating to the Sweepstakes shall be final and binding.
7. CONDITIONS: Entrants on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities, and their respective employees, officers, directors and agents (“Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if the parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Sweepstakes or use or misuse of any prize, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond the Sponsors’ control, including but not limited to by reason of any acts of God, any actions, regulations, orders or requests by any governmental or quasi-governmental entity (whether or not such actions, regulations, orders or requests proves to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, health regulations, restrictions or disruptions, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes, (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the information or any parts thereof), (j) any technical malfunctions or unavailability of any website, app, social media platform or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sweepstakes Entities or by an Entrant, (k) interruption or inability to access the Sweepstakes, any website, app, social media platform or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of any Sponsor, or any of its agents or employees, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of Entrant’s personally identifiable information by any Sponsor or its designees, or (r) the negligence or willful misconduct by Entrant. The Sponsors reserve the right to permanently disqualify from any Sweepstakes they sponsor any person they believe has intentionally violated these Official Rules, and to either (x) terminate the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction unalterably impairs the Sponsors’ ability to conduct the Sweepstakes), or (y) select the finalists or winners from among all eligible Entries received prior to termination.
8. DISPUTES; GOVERNING LAW. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the state of New York. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California. The parties agree not to raise the defense of forum non conveniens.
9. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. THE SPONSORS’ FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH PROVISION.
10. WINNER’S NAME: For the name of the winner, which will be available within 30 days after the Sweepstakes ends), mail a self-addressed, envelope to: ‘Baby Registry Giveaway’ c/o FIT4MOM, 1084 N. El Camino Real STE B512, Encinitas, CA 92024 no later than 60 days after the Sweepstakes ends.