Official Sweepstakes Rules
12 DAYS OF GIVEAWAYS 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: 12 Days of Giveaways (“Sweepstakes”) is Administrated ("Administrator") by Stroller Strides, LLC, DBA FIT4MOM, and Sponsored Minted, Ergobaby, BOB Gear, Yogasleep, Business & Pleasure Co., BKR, Petal + Pup, Yoto, and Perspective Fitwear (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 Administrator, 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 December 1, 2022, and ends at 11:59 p.m. PST on December 12, 2022 (the "Sweepstakes Entry Period"). One (1) Winner will be selected from eligible entries submitted each day during the Sweepstakes Entry Period, for a total of twelve (12) Winners.
3. HOW TO ENTER: You may enter the Sweepstakes on the daily Sweepstakes post at @FIT4MOMHQ on Instagram (https://www.instagram.com/fit4momhq/) each day during the Sweepstakes Entry Period and completing all required entry rules which include liking the post, following the brands noted in the post caption, and tagging at least one Instagram user in the post comments, and agreement the "Official Rules". Each tagged user counts as one entry. Each potential winner may be required to show proof of being the authorized account holder. Entries generated by script, macro, bots, or other automated or mechanical means are void. In the event of a dispute, regarding any Entry, the Administrator and Sponsors reserve the right to disqualify entries from the Sweepstakes. Each entry is an “Entry(is”). Each person submitting an Entry is an Entrant.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Administrator which, in the sole discretion of the Administrator, may corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes (or any portion thereof), the Administrator reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof). The Administrator also reserves 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, zip cod, and email address to ‘12 Days of Giveaways’ 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: Twelve (12) prize packages will be awarded to twelve (12) winners. One (1) winner will be awarded the assigned daily prize package on the day of their official entry. The daily prize package consists of the following items:
December 1, 2022: One (1) Ergobaby Omni Dream carrier; Approximate Retail Value (“ARV”) is $199.00; one (1) FIT4MOM One Month Fitness Membership (ARV $149); and one (1) FIT4MOM $40 Retail Gift Card redeemable at shop.fit4mom.com.
December 2, 2022: One (1) $150 Yogasleep online credit redeemable at yogasleep.com; one (1) FIT4MOM On Demand One Year Subscription (ARV $99); and (1) FIT4MOM Equipment Bundle including one (1) resistance band, one (1) core ball, and two (2) mini bands (ARV $44).
December 3, 2022: One (1) Barefoot Dreams In the Wild Throw Blanket (ARV $180); one (1) FIT4MOM One Month Fitness Membership (ARV $149); and one (1) FIT4MOM $40 Retail Gift Card redeemable at shop.fit4mom.com.
December 4, 2022: One (1) Business & Pleasure Co. Robe & Slipper Set and Bath Towel Set (ARV $200); one (1) FIT4MOM On Demand One Year Subscription (ARV $99); and (1) FIT4MOM Equipment Bundle including one (1) resistance band, one (1) core ball, and two (2) mini bands (ARV $44).
December 5, 2022: One (1) $250 Minted online credit redeemable at minted.com; one (1) FIT4MOM On Demand One Year Subscription (ARV $99); and (1) FIT4MOM Equipment Bundle including one (1) resistance band, one (1) core ball, and two (2) mini bands (ARV $44).
December 6, 2022: One (1) $150 BKR e-gift card redeemable at mybkr.com; one (1) FIT4MOM One Month Fitness Membership (ARV $149); and one (1) FIT4MOM $40 Retail Gift Card redeemable at shop.fit4mom.com.
December 7, 2022: One (1) The Island Girl Layered Necklace & Clasp by Necklet (ARV $132); one (1) FIT4MOM On Demand One Year Subscription (ARV $99); and (1) FIT4MOM Equipment Bundle including one (1) resistance band, one (1) core ball, and two (2) mini bands (ARV $44).
December 8, 2022: One (1) BOB Gear Revolution Flex 3.0 jogging stroller in Lunar Black (ARV $549.99); one (1) FIT4MOM One Month Fitness Membership (ARV $149); and one (1) FIT4MOM $40 Retail Gift Card redeemable at shop.fit4mom.com.
December 9, 2022: One (1) $250 Petal + Pup gift card redeemable at petalandpup.com; one (1) FIT4MOM On Demand One Year Subscription (ARV $99); and (1) FIT4MOM Equipment Bundle including one (1) resistance band, one (1) core ball, and two (2) mini bands (ARV $44).
December 10, 2022: One (1) Yoto Mini, one (1) Yoto Starter Pack, one (1) Yoto Adventure Jacket, one (1) Yoto Headphones, one (1) Yoto Mini Travel Case, one (1) Kidz Bop 2022, and one (1) The Chicken Squad: The First (ARV $196.63); one (1) FIT4MOM One Month Fitness Membership (ARV $149); and one (1) FIT4MOM $40 Retail Gift Card redeemable at shop.fit4mom.com.
December 11, 2022: One (1) $100 Perspective Fitwear gift card redeemable at perspectivefitwear.com; one (1) FIT4MOM One Month Fitness Membership (ARV $149); and one (1) FIT4MOM $40 Retail Gift Card redeemable at shop.fit4mom.com.
December 12, 2022: One (1) Yohana One-Month Subscription (ARV $249); one (1) FIT4MOM On Demand One Year Subscription (ARV $99); and (1) FIT4MOM Equipment Bundle including one (1) resistance band, one (1) core ball, and two (2) mini bands (ARV $44).
All prizes are non-transferable and no substitution by winner or cash equivalent is allowed. The Administrator and Sponsors reserve the right to substitute a prize of equal or greater value at their sole discretion. All fees, federal, state, local taxes, and/or other expenses relating to the use, acceptance, and possession of the prize are the sole responsibility of the winner.
6. SELECTION OF SWEEPSTAKES WINNERS: The potential Winners will be selected in a random drawing, conducted to select one winner per day during the Sweepstakes Entry Period from among all eligible entries received on the corresponding prize package day. 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 FIT4MOM and execute a Declaration of Eligibility and Release (“Release”) within 7 days of the date of 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 Administrator reserves the right to modify the notification procedures in connection with the selection of an alternate winner if any. The Administrator, 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 Administrator 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 Administrators 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 Administrator reserves 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 Administrators 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 ADMINISTRATOR AND SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. THE ADMINISTRATORS’ FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH PROVISION.
10. WINNER’S LIST: For the name of the winners, which will be available within 30 days after the Sweepstakes ends), mail a self-addressed, envelope to: ‘12 Days of Giveaways’ c/o FIT4MOM, 1084 N. El Camino Real STE B512, Encinitas, CA 92024 no later than 60 days after the Sweepstakes ends.