NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The entry period for the “MOM” Every Mom Needs A Little Rehab Sweepstakes (“Sweepstakes”), sponsored by Entertainment Marketing Group (“Sponsor”), begins Monday, September 25, 2017, at 12:00:01 a.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT on Friday, October 13, 2017 (the “Sweepstakes Period”). All federal, state and local laws and regulations apply.
The Sweepstakes is only open to individuals who meet the following criteria at the time and date of entry: (a) are eighteen (18) years of age (or age of majority in their jurisdiction of residence) or older, who (only applicable if using text method of entry) have a registered wireless account with Short Message Services (“SMS”) capability and/or wireless internet service, and (b) are a legal resident of and physically residing in one of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) (“Entrant”)
Employees, officers and directors of Sponsor, the show “MOM”, The Meritage Resort, Spirit Airlines, CBS, Warner Bros. Television, Warner Bros. Worldwide Television Marketing, Time Warner, Warner Bros. Entertainment Inc., and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrants agree to be bound by these “Official Rules” and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: SMS and online entry are the only methods of entry for the Sweepstakes.
Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer will serve as the official time piece for the Sweepstakes.
If the Entrant meets the eligibility criteria set forth above, then in order to enter Entrant must go to the “MOM” website located at www.MOMweekdays.com during the Sweepstakes Period and follow the steps below:
A qualifying entry requires all of the following elements submitted via www.MOMweekdays.com:
2. SMS Text Entry
Entrant’s entry must be received by Sponsor between Monday, September 25, 2017, at 12:00:01 a.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT on Friday, October 13, 2017. Each Word of the Day is valid for only twenty-four (24) hours, after which time the Word of the Day is reset.
Submission of false or misleading Personal Information of an Entrant will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible, damaged, lost, late or incomplete entries, as determined by the Sponsor in its sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. It is the sole responsibility of the Entrant to notify Sponsor in writing of any changes to Personal Information, including email addresses, by mailing such notice to: “MOM” Every Mom Needs A Little Rehab Sweepstakes c/o Entertainment Marketing Group, 1750 Ocean Park Blvd, Suite 204, Santa Monica, CA 90405. All entries and related correspondence become property of Sponsor and will not be returned. Entrants are limited to one (1) entry per day, regardless of method of entry. Additional entries will be disqualified as will incomplete entries and entries not received during the Sweepstakes Period.
By entering via text message, Entrant certifies that Entrant is 18 years of age or older (or age of majority in their jurisdiction of residence) or has parental consent, is the account holder or has the account holder’s permission.
Sponsor will not be liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from Entrant’s network provider. Text messages are provided on an “as-is” basis. Data obtained by Sponsor in connection with text message entries may include Entrant’s cell phone number, carrier’s name, and date, time and content of message. Such information may be used by Sponsor to contact Entrant.
Sponsor will conduct a random drawing to determine the Prize winners on or around October 20, 2017, from among all eligible entries received during the applicable Sweepstakes Period.
The Grand Prize Winner and Runner-Up Prize Winners are collectively referenced hereinafter as “Prizewinner(s)”. The Grand Prize and Runner-Up Prizes are collectively referenced hereinafter as “Prize.”
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible Entrant may be contacted, at Sponsor’s sole discretion.
All prizes legitimately claimed will be awarded.
Approximate Retail Value (“ARV”) of the Grand Prize: Six Thousand One Hundred Dollars ($6,100.00)
ARV of each Runner-Up Prize: Five Hundred Dollars ($500.00). Total ARV of Runner-Up Prizes is: Seven-Thousand and Five Hundred Dollars ($7,500.00).
OTAL ARV OF ALL PRIZES: Thirteen Thousand and Six Hundred Dollars ($13,600.00).
All Prizewinners will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable Prize.
The Prizewinner will be notified by Sponsor via phone and email. If a Prizewinner does not accept the prize within twenty-four (24) hours following the date and time the Prize is awarded, then that Prizewinner will be disqualified and an alternate winner may be selected.
The Sponsor will require a tentative Prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Affidavit/Release”). The Sponsor will require a tentative Grand Prizewinner to also execute a Travel Release and Guest Travel Release. The Affidavit/Release must be returned to the Sponsor within twenty-four (24) hours of Prizewinner’s receipt of the Affidavit/Release. A disqualification will result and an alternate entry will be selected if the Affidavit/Release is not returned to the Sponsor within the specified time.
Refusal or return of any prize notification, Affidavit/Release or prize as undeliverable will result in disqualification and an alternate entry will be selected. If any potential Prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential Prizewinner cannot attend or participate in any portion of the Prize, or declines a Prize for any reason prior to award, such potential Prizewinner may be disqualified and an alternate potential Prizewinner may be selected. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Prizewinner.
A Prizewinner shall not receive any prize unless and until the entry form has been verified and all required paperwork has been returned to Sponsor. Until such time a Prizewinner’s entry may still be subject to forfeiture.
In the event a prize winner (and/or his or her companion(s) (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Prize or other applicable experience early.
Sponsor will not replace any lost or stolen tickets, vouchers, or certificates. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prizewinner and no additional compensation will be awarded.
All expenses not specifically mentioned herein are not included in any Prize and are solely the Prizewinner’s responsibility including, without limitation, meals, incidentals, room service and souvenirs.
The Prizewinner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the Prize.
If the Prizewinner elects to partake in any or all portions of the Prize with fewer than the allotted number of guests (or no guests), the Prize will be awarded to the Prizewinner and each participating guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. Any guest must be eighteen (18) years of age or older. The Prizewinner and guests must travel on the same itinerary (including the same departure date, destination, and return date). Failure to do so will result in forfeiture of the Prize. Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. The Grand Prize winner may be required to provide a credit card at the time of hotel check-in. Reservations are subject to availability as well as travel provider’s terms and conditions generally applicable thereto. Travel dates are subject to Sponsor approval. ARV of the Prize may vary depending upon the points of departure, travel dates and/or airline fare fluctuations. Any difference between stated ARV and final ARV of the Prize will not be awarded. The Prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, hotel taxes, insurance, meals, ground transportation, phone calls, room service, bag check fees, parking fees, laundry service, food, beverages (alcoholic and otherwise), gratuities, incidentals, souvenirs, merchandise, tips, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of the Prizewinner. The Prizewinner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Airline tickets are non-refundable / non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in Sponsor’s sole and absolute discretion. The round trip air transportation element for the Grand Prize begins and ends at the point of departure. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Sponsor or Sponsor’s designee. If a winner resides within a 150 mile radius of Oakland, CA, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. The Prizewinner and any travel companion will be required to provide appropriate government issued photo identification (such as a valid passport) at time of travel, and are solely responsible for determining and obtaining all necessary travel documents and complying with all other travel requirements. No refund or compensation will be paid in the event of the cancellation or delay of the Prize or any Prize component. Sponsor will not be liable if the Prize, or any Portion of the Prize, is cancelled or delayed. Sponsor may, in Sponsor’s sole discretion, attempt to reschedule for a future trip/event. Prize tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the tickets may govern if a Prize component is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen tickets, vouchers or certificates. In the event of such loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award the Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prizewinner and no additional compensation will be awarded. Exact details, including seat locations, shall be determined in the sole discretion of Sponsor. Insurance is the sole responsibility of the Prizewinner and any guest and they hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Prize-related services or accommodations. Sponsor is not liable for any missed Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Once travel companions are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion.
Prizewinner is solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Prizewinner may be issued an IRS form 1099 based on the ARV of the Prize awarded.
All Sweepstakes related materials, including submission entries (“Submission”) becomes the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Submission.
Any use of any of the Sweepstakes Entities trademarks or copyright interest is strictly prohibited and may subject Entrant to civil and/or criminal liability.
ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
BY ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES.
BY ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES AGREE THAT THE SWEEPSTAKES ENTITIES ASSUME NO LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION OR AWARDING OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY DUE TO AN INTENTIONAL ACT, AN ACT OF NEGLIGENCE OR DEFAULT AND/OR ANY ACT OF GOD.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, or stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, the user or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select prizewinners from all entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
All Entrants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Sweepstakes. Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL SWEEPSTAKES PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California.
The parties each agree to finally settle all disputes only through arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
To receive the names of the winners send a stamped self-addressed envelope to: “Sweepstakes Winners List ‘MOM’ Every Mom Needs A Little Rehab Sweepstakes” c/o Entertainment Marketing Group, 1750 Ocean Park Blvd, Suite 204, Santa Monica, CA 90405 within sixty (60) days of expiration of the Sweepstakes Period.
For a copy of the Official Rules, go to www.MOMweekdays.com
SPONSOR: Entertainment Marketing Group, 1750 Ocean Park Blvd, Suite 204, Santa Monica, CA 90405
PRIZE PROVIDERS: Warner Bros. Worldwide Television Marketing, The Meritage Resort, and Spirit Airlines are each prize providers only in this Sweepstakes. Neither Warner Bros. Worldwide Television Marketing, The Meritage Resort, nor Spirit Airlines is a Sponsor of this Sweepstakes; and such parties (and each of them) are not responsible for the administration of the Sweepstakes, the collection of the entries or the conduct of the draws.