Bohemian Mama Sweepstakes
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void where prohibited by law, outside the United States (incl. D.C.). Subject to all federal, state, and local laws, regulations, and ordinances. Sweepstakes begins on January 10, 2019 at 12:00:01 a.m. Eastern Time ("ET”) and ends on January 31, 2022 at 11:59:59 p.m. PST (the "Sweepstakes Period"). Sponsor's computer is the official time keeping device for this Sweepstakes. This sweepstakes is in no way sponsored, endorsed, administered by, or associated with facebook, inc., twitter, inc., or instagram, inc.
- Eligibility: The Bohemian Mama Sweepstakes consists of quarterly sweepstakes, each with separate entry pools, entry periods, and winners (collectively and individually, the "Sweepstakes").
The Sweepstakes is open to legal U.S. residents currently residing in the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age (at least 19 years of age in Alabama and Nebraska and at least 21 years of age in Mississippi) at the time of entry. Employees, officers, and directors of Bohemian Mama ("Sponsor") and/or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the "Sweepstakes Entities"), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. All entrants must have access to the Internet prior to the start of the Sweepstakes. Sponsor reserves the right to verify the eligibility of winners.
- Sponsor: Bohemian Mama, 741 Asbury Avenue, Ocean City, NJ 08226
Please note: By entering in this Contest, you signify and agree that your Entry and any other materials submitted in connection with this Contest may be posted on Sponsor's website and/or other social media sites or applications associated with the Contest in a manner that is consistent with these Official Rules. You must provide all required information to be eligible to enter and win and all pins must comply with the requirements set forth under the "Content Guidelines" below or your Contest Board may be disqualified from eligibility. All potential winners are subject to verification before any prize will be awarded.
- How to Enter: There are two ways to enter the Sweepstakes, either entering your information on www.bohemianmama.com (the "Website") or by submitting a postcard with the required information to the address set forth below.
By entering this Sweepstakes, you signify and agree that your entry and any other materials submitted in connection with this Sweepstakes may be posted on Sponsor's website and/or other social media sites or applications associated with the Sweepstakes in a manner that is consistent with these Official Rules.
Entries, photographs, videos, comments and content submitted or uploaded to the Website, any social media sites or other public sites in connection with this Sweepstakes (collectively, "Content Submissions") may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor's brand; and/or (vii) violates any law. Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sweepstakes Entities or any third party social media site; and/or that violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. The Sweepstakes Entities reserve the right in their sole and unfettered discretion to disqualify any Content Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.
If the Content Submission contains an identifiable person other than the entrant who submitted the Content Submission, by submitting the Content Submission, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and acknowledges that if required, he/she will provide written proof of third-party consent to the Sweepstakes Entities' use of the Content Submission.
- Postcard Method of Entry: You may also enter by sending a 3x5 card with your name, complete address, telephone number, date of birth and e-mail address to Bohemian Mama, 741 Asbury Avenue, Ocean City, NJ 08226. Limit one entry per stamped outer envelope. P.O. Boxes are not permitted. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.
Limit: one (1) entry per day, regardless of method of entry. Entries will not roll over between Sweepstakes. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address or Bohemian Mama account. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Bohemian Mama account 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. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
- Selection of Winners: During the week following the conclusion of each Entry Period, the Sponsor will select a potential winner from among all eligible entries received during the applicable Entry Period. The odds of winning are based on the number of eligible entries received during the applicable Entry Period. Within twenty-four (24) hours after each potential winner has been selected, the potential winner will be notified by email using the email address associated with his/her Bohemian Mama account or the email address provided on the postcard used to enter, whichever is applicable. Within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries received during the applicable Entry Period. Only six (6) alternate drawings will be held per Sweepstakes, after which any remaining prizes will remain un-awarded.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Prize drawings will take place every three months on the first of the month beginning November 1, 2018 and ending February 1, 2022. The entry pool for each entry period contains participants from the prior three months.
- Prizes: The winner of each Sweepstakes will receive a $500 Bohemian Mama gift card, which can be redeemed online or at the Bohemian Mama store. Terms and conditions apply to gift cards; see front and back of gift cards for more information. ARV of each prize: $500. Maximum total ARV of all prizes to be awarded in connection with the Sweepstakes: $14,000. Limit one (1) prize per person and per household throughout the entire Sweepstakes Period.
Prize Restrictions: Any and all applicable federal, state, provincial, territorial, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer.
Prize drawings will take place every three months on the first of the month beginning February 1, 2019 and ending February 1, 2022. The winner will be chosen at random from an entry pool containing participants from the prior three months.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Facebook, Twitter, Instagram, and their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize.
ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE WWW.BOHEMIANMAMA.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING WWW.BOHEMIANMAMA.COM, 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Intellectual Property; Publicity Release: EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE IRREVOCABLE WORLDWIDE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST OR SOCIAL MEDIA PLATFORM) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Pennsylvania or the appropriate State Court located in Philadelphia County, Pennsylvania; (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, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
- Nature of Relationship/Waiver of Equitable Relief: Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor's actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- Official Rules and Winners List: For a copy of the Official Rules, visit www.bohemianmama.com/pages/rules-and-regulations or send a stamped, self-addressed envelope to Bohemian Mama, 741 Asbury Avenue, Ocean City, NJ 08226. For a list of winners available after July 31, 2019, send a stamped, self-addressed envelope for receipt by January 31, 2019 to: Bohemian Mama, 741 Asbury Avenue, Ocean City, NJ 08226. Vermont residents may exclude return postage when requesting the Official Rules. Copyright ©2019 Bohemian Mama® registered trademark. Copyright ©2019 Bohemian Mama® is a registered trademark. All other trademarks and logos are the registered marks of their respective owners in the United States and abroad. All rights reserved.