September 27, 2011

Official Rules

OFFICIAL RULES
“Welcome Baby”
with Tea + Honest + timi & leslie

PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE SWEEPSTAKES. NO PAYMENT OR PURCHASE IS NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

  1. GENERAL CONDITIONS: The “Welcome Baby” Sweepstakes (the “Sweepstakes”) is sponsored by Tea Collection, 1 Arkansas Street, Studio B, San Francisco, CA 94107,The Honest Company, 1550 17th Street, Santa Monica, CA 90404, and timi & leslie, c/o Essentials Brands, Inc. 154 East Central Street, Suite 202, Natick, MA 01760 (together, the “Sponsors”) and administered by Offerpop, 25 West 36th Street, 11th Floor, New York, NY 10018(“Administrator”). By entering the Sweepstakes, each entrant agrees to abide by the terms of these Official Rules (the “Rules”) and by the decisions of the Sponsors and Administrator, which shall be made in their sole and absolute discretion and are final and binding on all matters relating to the Sweepstakes. The Sweepstakes is governed by the laws of the State of California and applicable U.S. federal law, without regard to any conflicts of laws principles. The Sweepstakes is void where prohibited by law. The Sweepstakes is also governed by the privacy policies of Tea Collection (http://www.teacollection.com/static/privacy-policy.html), The Honest Company (https://www.honest.com/privacy), and timi & leslie (http://www.shoptimiandleslie.com/privacy-policy.aspx) (the “Privacy Policies”), although the Rules will govern in the event of any conflict between the Privacy Policies and the Rules.
  2. ELIGIBILITY: The Sweepstakes is open to natural persons who, as of September 27, 2012, are legal residents of the 50 United States and the District of Columbia, have a Facebook account, are at least 18 years of age, and have internet access. Employees, officers, and directors of Sponsors and their respective parents, subsidiaries, affiliates, dealerships (including retail stores), suppliers, and advertising, promotion and fulfillment agencies are not eligible to enter or win, nor are immediate family members or household members. “Immediate family members” means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, and spouses. “Household members” means those people who share the same residence at least three months a year.
  3. HOW TO ENTER: No payment or purchase is necessary, and a payment or purchase will not increase your chances of winning. The Sweepstakes begins at 12:01 am PT on Thursday, September  27, 2012. To enter, go to http://www.facebook.com/teacollection (the “Application) and click on the Facebook tab that reads “Baby Sweeps.” Then choose the bundle of your choice. Once you choose a bundle, you will be directed to a sign up page where you will be asked to enter your first name, last name, and email address and agree to the Official Rules. Once you sign up, you will be directed to a “Thank you” page. All entries must be received by 11:59 p.m. PT on October 8, 2012 (the “Deadline”). Proof of submission is not proof of receipt, and the Administrator’s designated computer is the only valid official time-keeping devices for the Sweepstakes.

    For each bundle, there is a limit of one (1) entry per person and one (1) entry per email address. Multiple entries received from any person or email address after the first entry received from that person or email address will be void. Entries without all of the required information will be disqualified. In addition, Sponsors and Administrator will have no responsibility for, and will have the right to refuse in their sole and complete discretion, any mass entries or reproductions, any entries that have been tampered with, and any entries that are late, lost, stolen, illegible, misdirected, damaged, inaccurate, or incomplete, whether due to Internet or email server failure or otherwise. Sponsors, Administrator and their agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Any attempt at entry except as above stated is void. All entries become the property of the Sponsors and will not be acknowledged or returned. The Administrator has the right to disqualify any entry that is not in compliance with these Rules, including all eligibility requirements.

    The Administrator will be collecting personal data about participants when they register and enter the Sweepstakes. By participating in the Sweepstakes, you agree to all of the terms and conditions of the Privacy Policy. It is the entrant’s responsibility to inform the Administrator if the entrant’s contact information changes after the entry is submitted. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted.

  4. WINNER SELECTION AND NOTIFICATION: Potential winners (“Potential Winners”) will be selected in a random drawing by the Administrator or its designee. Drawings will happen on or about October 9, 2012. Each Potential Winner will be notified by email using the email address provided in the Sweepstakes entry (“Prize Notification”) and each Potential Winner must respond by email within seven (7) calendar days of the date of the Prize Notification (the “Prize Deadline”), with Potential Winner’s full name and a mailing address (“Mailing Information”) where Sponsor can send his/her Prize (if warranted), and a Declaration or Affidavit of Eligibility and Liability/Publicity Release in a form acceptable to the Administrator (collectively, the “Sweepstakes Documents”). The mailing address must be a street address (no P.O. Boxes). If any Potential Winner does not respond to the Prize Notification by the Prize Deadline, such Potential Winner will be disqualified and an alternate Potential Winner (for each unclaimed Prize) will be selected from all remaining eligible entries received for the original drawing. Sponsors and Administrator are not responsible for the failure for any reason whatsoever of Potential Winners’ to receive their Prize Notification or for Sponsors or Administrator to receive Potential Winners’ response and/or Sweepstakes Documents. Return of any Prize Notification or Sweepstakes Documents as undeliverable, the inability of Sponsor or Administrator to contact a Potential Winner, the failure of a Potential Winner to contact Sponsor or Administrator in a timely manner, the inability of a Potential Winner to accept or receive the Prize for any reason, and/or the non-acceptance by a Potential Winner of any Prize for any reason will result in disqualification of such Potential Winner, and alternate Potential Winner(s) will be selected randomly from all remaining eligible entries received. Potential Winners who receive Prizes are known as the “Winners”.
  5. PRIZES:
    Bundle One Prize: One (1) Bundle One Prize Winner will receive (1)  of each clothing item featured in the bundle of their choice from teacollection.com (clothing approximately valued at $74 total) , (1) diaper bag from timiandleslie.com approximately valued at $159.99 and (1) Honest Diaper Bundle approximately valued at $79.95. (Approximate Retail Value (“ARV”) of Bundle One Prize: $313.94). Bundle One Prize Winner will be responsible for any and all local, state and/or federal taxes, as well as any other any costs and expenses associated with acceptance and use of the prize not included in the Bundle One Prize package. All prize details will be at the sole discretion of the Sponsor.

    Bundle Two Prize: One (1) Bundle Two Prize Winner will receive (1) of each clothing item featured in bundle of their choice from teacollection.com (clothing approximately valued at $72 total), (1) diaper bag from timiandleslie.com approximately valued at $169.99, and (2) Honest Family Essentials Bundles, together valued at $71.90 (Approximate Retail Value (“ARV”) of Bundle Two Prize: $313.89). Bundle Two Prize Winner will be responsible for any and all local, state and/or federal taxes, as well as any other any costs and expenses associated with acceptance and use of the prize not included in the Bundle Two Prize package. All prize details will be at the sole discretion of the Sponsor.

    Bundle Three Prize: One (1) Bundle Three Prize Winner will receive (1) of each clothing item featured in bundle of their choice from teacollection.com (clothing approximately valued at $74 total), (1) diaper bag from timiandleslie.com approximately valued at $169.99, and (1) Honest Diaper Bundle approximately valued at $79.95. (Approximate Retail Value (“ARV”) of Bundle Three Prize: $323.94). Bundle Three Prize Winner will be responsible for any and all local, state and/or federal taxes, as well as any other any costs and expenses associated with acceptance and use of the prize not included in the Bundle Three Prize package. All prize details will be at the sole discretion of the Sponsor.

Bundle Four Prize: One (1) Bundle Four Prize Winner will receive (1) of each clothing item featured in bundle of their choice from teacollection.com (clothing approximately valued at $74 total), (1) diaper bag from timiandleslie.com approximately valued at $149.99, and (2) Honest Family Essentials Bundles, together valued at $71.90 (Approximate Retail Value (“ARV”) of Bundle Four Prize: $295.89). Bundle Four Prize Winner will be responsible for any and all local, state and/or federal taxes, as well as any other any costs and expenses associated with acceptance and use of the prize not included in the Bundle Four Prize package. All prize details will be at the sole discretion of the Sponsor.

Bundle Five Prize: One (1) Bundle Five Prize Winner will receive (1) of each clothing item featured in bundle of their choice from teacollection.com (clothing approximately valued at $86 total), (1) diaper bag from timiandleslie.com approximately valued at $169.99, and (1) Honest Diaper Bundle approximately valued at $79.95. (Approximate Retail Value (“ARV”) of Bundle Three Prize: $335.94). Bundle Five Prize Winner will be responsible for any and all local, state and/or federal taxes, as well as any other any costs and expenses associated with acceptance and use of the prize not included in the Bundle Five Prize package. All prize details will be at the sole discretion of the Sponsor.

  1. PRIZE CONDITIONS: Odds of winning depend on the number of eligible Entries received during the Sweepstakes Period. All prize values are stated in United States dollars. Selection and specifics of all prizes will be determined at the Sponsors’ and Administrator’s sole discretion. If a stated prize is unavailable, Sponsors and Administrator have the right to substitute one or more items of equal or greater value, in their sole and absolute discretion. Winners are not entitled to any surplus between the actual retail value of his/her prize and its stated ARV. No cash redemption or prize substitution or exchange allowed. All prizes are non-transferable. Winners will be solely responsible for complying with any and all applicable federal, state, provincial, local or other statutes, regulations, and other laws and for bearing any VAT, withholding taxes, personal income taxes, customs duties or other taxes, fees, insurance, surcharges or other costs relating to any prize.

    ALL PRIZES, AND ALL PRODUCTS, SERVICES, OR ITEMS PURCHASED WITH ANY PRIZE, ARE PROVIDED AND AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. SPONSORS AND ADMINISTRATOR DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE OR ANY PORTION THEREOF, OR ANY PRODUCT, SERVICE OR ITEM PURCHASED WITH ANY PRIZE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Acceptance, participation in and/or use of the prizes, and any products, services or items purchased with the prizes, are at the Winners’ sole risk and Sponsors and Administrator are not responsible for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the prizes or any products, services or items purchased with the prizes. Prizes will be awarded by email, U.S. Mail, Federal Express, UPS and/or other shipping method, in Administrator’s and/or its prize suppliers’ sole discretion, using the information provided in the Sweepstakes Entry.

  2. REPRESENTATIONS: By entering the Sweepstakes, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the Sweepstakes; (b) in entering and participating in the Sweepstakes, the entrant has complied with and will comply in all respects with these Rules and all applicable statutes, regulations and other laws; and (c) the information provided in the entrant’s entry, including without limitation all contact information, is true, accurate and complete in all respects.
  3. GRANT OF RIGHTS: By accepting a prize, each Winner consents to the use of his/her name and/or likeness (voice, biographical information, city and state of residence, statements, photograph, and recording) for advertising and promotional purposes (including, but not limited to, use on Sponsors’ web site and/or Facebook pages without additional compensation, except where prohibited by law).
  4. RELEASE: All decisions of Sponsors and Administrator are final and binding; and entrants agree to waive any right to claim ambiguity in the Sweepstakes or these Official Rules, except where prohibited by law. To the maximum extent permitted by law, by entering the Sweepstakes, each entrant releases and holds harmless the Sponsors, Administrator, the prize manufacturers or suppliers, any other entities involved in the administration of the Sweepstakes, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and representatives (the “Sponsor Parties“) from any and all responsibility, liability, damages (including without limitation direct, indirect, incidental, consequential, punitive, statutory and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) the Sweepstakes and participation in the Sweepstakes by the entrant; (b) any violation by the entrant of these Rules or applicable laws; (c) the acceptance, possession, receipt, or use of any prize or any product, service, or item purchased with any prize; (d) any entries that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (e) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting therefrom; (f) any Internet traffic congestion or website accessibility or delays; (g) printing or typographical errors in any Sweepstakes-related materials; or (h) any other technical or human error that may occur in connection with the Sweepstakes (the “Causes“). If anyone makes any claim against any of the Sponsor Parties arising out of or relating to any of the Causes attributable to the entrant, the entrant will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SWEEPSTAKES, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.

10.  USE OF PERSONAL INFORMATION: In order to participate in this Sweepstakes, participants will be required to supply certain information about themselves. Sponsors have specified which information is mandatory in order to participate in the Sweepstakes. By entering the Sweepstakes, each participant agrees that such information can be used (a) by Administrator in connection with administering the Sweepstakes and (b) by Sponsors as set forth in the Privacy Policies.

11.  CHANGES; TERMINATION: Sponsors reserve the right to make changes or additions to these Rules and/or extend the dates of this Sweepstakes for any reason at any time. Sponsors’ and/or Administrator’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. Sponsors reserve the right to suspend, modify or terminate the Sweepstakes at any time and for any reason their its sole discretion, including without limitation in the event of fraud, abuse, tampering, or technical, administrative, financial or other difficulties. In such cases, Administrator will post notice on the Web Site. Should the Sweepstakes terminate prior to selection of a winner, an alternate means of awarding the prizes will be announced on the Web Site.

12.  CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

13.  DISPUTES: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in San Francisco, California; (2) 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 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.  MISCELLANEOUS: If any part of these Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of Sponsor, and the remaining parts of these Rules will remain in full force and effect. Nothing contained herein or in any of the Contest related materials should be construed as an endorsement by Sponsors of any third party, product or service.

15.  WINNER’S LIST/OFFICIAL RULES: For a list of Winners or a copy of the Official Rules, please send a self-addressed stamped envelope to: Tea Collection “Welcome Baby,” Winner’s List/Official Rules, to be received no later than October 15, 2012. Winners’ lists will be sent once all Winners have been verified and Prizes have been awarded.

Sponsored by Tea Collection, 1 Arkansas Street, Studio B, San Francisco, CA 94107 The Honest Company 1550 17th Street, Santa Monica, CA 90404 and timi & leslie c/o Essentials Brands, Inc. 154 East Central Street, Suite 202, Natick, MA 01760