Five Moms All-Stars Contest Rules
OFFICIAL RULES AND REGULATIONS
1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. Entry into the Five Moms All-Stars Contest (the “Contest”) begins January 16, 2008 at 12:00:01 a.m. Eastern Time (”ET”) and ends May 25, 2008 at 11:59:59 p.m. ET (the “Promotion Period”), but is subject to intervening deadlines as explained in more detail in Rule 2, below. For purposes of these official rules, the person submitting an entry is the “Entrant” and the person nominated in the entry is the “Nominee.” Nominees must be a parent or legal guardian of one or more children (whether biological, adoptive or step). An Entrant may name him/herself as the Nominee. Entrants, unless they are also the Nominee, are not entitled to receive any prizes in this Contest. All prizes are awarded to the Nominee named in the winning submission (only one person may be named as the Nominee in an entry). Entrants and Nominees must be legal residents of the 50 United States or District of Columbia, and 21 years of age or older as of January 16, 2008. Employees of the Consumer Healthcare Products Association (”CHPA”) ( the “Sponsor”) and its member companies, subsidiaries, affiliates, franchisees and advertising/promotion agencies (collectively “Related Entities”), as well as such employees’ immediate family members (defined as parents, spouse, sibling or children, whether biological, adoptive, step or in-law) and household members (whether or not related) are not eligible to enter or win this Contest. Void wherever taxed, prohibited or restricted by law. Contest is subject to all applicable federal, state and local laws and regulations.
2. HOW TO ENTER: During each month of the Promotion Period (each a “Monthly Contest”), Sponsor will conduct a national essay contest to find a Five Moms All-Star. Essays must be received based on the following schedule:
Monthly Contest Entry Period
January 12:00:01 a.m. ET 1/16/08 – 11:59:59 p.m. ET 1/25/08
February 12:00:00 a.m. ET 1/26/08 – 11:59:59 p.m. ET 2/25/08
March 12:00:00 a.m. ET 2/26/08 – 11:59:59 p.m. ET 3/25/08
April 12:00:00 a.m. ET 3/26/08 – 11:59:59 p.m. ET 4/25/08
May 12:00:00 a.m. ET 4/26/08 – 11:59:59 p.m. ET 5/25/08
This Nominee should be a local champion, helping to educate his/her community and increase awareness of the dangers of cough medicine abuse. To enter, Entrants must write an original essay between fifty (50) and one hundred (100) words describing why the Nominee is most deserving of being selected as a Five Moms All-Star. An Entrant can nominate him or herself, or a friend. Entrants must email the original essay along with Entrant’s and Nominee’s name, email address, mailing address, age and daytime phone number (please be clear on which information is the Entrant’s and which is the Nominee’s) to fivemomscampaign@gmail.com. No other entry method is available and no other materials will be accepted by Sponsor in connection with the Contest. Limit one (1) entry per person per Monthly Contest. Non-winning entries will not be rolled over into subsequent months’ contests; however, Entrants may re-submit non-winning entries in a subsequent month of the Contest. Winning entries may not be submitted in subsequent Monthly Contests. A Nominee may only win one time during the entire Promotion Period. Any entries not in conformance with these official rules will be disqualified.
Entries become the property of Sponsor and will not be acknowledged or returned. Proof of submission is not proof of receipt by Sponsor. Sponsor and Related Entities are not responsible for misdirected, inaccurate, incomplete, lost, late, delayed, undelivered, damaged or illegible entries, and all such entries will be void. If Sponsor cannot determine from the submission which party is the Entrant and which party is the Nominee, Sponsor may void the entry. Sponsor and Related Entities are also not responsible for technical, hardware, or software failures of any kind, or other errors or problems which may occur in connection with or relating to the Contest or any Contest-related materials, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, or that may limit prize fulfillment or a participant’s ability to enter the Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or prematurely conclude the Contest should any computer virus, malfunction, fraud, tampering, unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Contest, or if an insufficient number of entries is received during any Monthly Contest period. If the Contest is cancelled, Sponsor may, in its sole discretion, judge all eligible entries received up to the time of such action using the judging procedures outlined below to determine no more than five (5) winners. False or deceptive entries or acts will render the Entrant and Nominee involved ineligible and Sponsor reserves the right to disqualify any Entrant or Nominee (and void his/her entry) who attempts to undermine the legitimate operation of the Contest by tampering with any Website mechanism, acts in a disruptive manner or violates these Official Rules. Any attempt by an individual to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws. Should such an attempt be made, Sponsors reserve the right to seek remedies and damages (including attorneys’ fees) from any such person(s) to the fullest extent of the law, including criminal prosecution.
3. JUDGING: The entries received in each Monthly Contest during the Promotion Period will be judged by a panel of CHPA employees from all eligible entries received, based upon the following equally weighted criteria: originality of Nominee’s actions, creativity of Nominee’s actions, Nominee’s community involvement, and overall efforts by the Nominee to spread the word about the dangers of cough medicine abuse. In the event of a tie, the tie will be broken by a random drawing between the tied entries. The decisions of the Sponsor and judges will be final and binding on all matters. Limit one prize per person.
4. WINNER NOTIFICATION: Potential winning Nominee will be notified by Sponsor by email or regular mail following judging for each Monthly Contest, which will be approximately one (1) week following the Monthly Contest deadline. Potential winning Nominees may be required to provide proof of identity, address and birth date, as well as required to execute and return an affidavit of eligibility (which must be notarized), tax acknowledgment form, liability release and, except where prohibited by law, publicity release within seven (7) days of date of issuance either via facsimile or US registered mail in order to claim the prize. If any potential winning Nominee fails to do so or if: (i) any prize notification is returned as undeliverable, or (ii) a potential winning Nominee is determined to be ineligible for reason, such potential winning Nominee will be disqualified and, at Sponsor’s sole discretion, a runner-up will be notified (provided a sufficient number of entries are received).
5. PRIZES: One (1) winner each month, for a total of five (5) winners over the duration of the Contest, will receive one (1)Apple iPod Touch, a Five Moms bag and a Five Moms sweatshirt. Approximate retail value: $400.00. Total approximate retail value of all prizes: $2,000.00.
Prizes are non-transferable and no prize substitutions or cash redemptions are allowed, except Sponsor reserves the right to substitute a prize of equal or greater value if featured prize becomes unavailable. Taxes on prizes are the sole responsibility of the winning Nominee. All prizes properly claimed will be awarded.
6. ESSAY REQUIREMENTS: Essay must be Entrant’s own original creation, executed solely by Entrant, and may not have won any other award or have been entered in any other competition. Essays may not have been published previously. Entrant must have the permission of the Nominee to use his/her identity in the Essay. Essays must be in keeping with Sponsor’s image and may not be offensive, as determined solely by Sponsor, nor can essay defame or invade the publicity or privacy rights of any person, living or dead, or otherwise infringe upon any person’s personal or proprietary rights, including but not limited to intellectual property rights. The right to submit or use the essay shall not be restricted. Any Entrant whose work includes references to third parties (other than Nominee) or contains elements not owned by Entrant may be disqualified. Submission of an essay grants Sponsor and those authorized by Sponsor the right to use, publish, adapt, assign, sell, license, edit, dispose of, and/or modify such essay in any way, in commerce and in any and all media worldwide, without limitation or compensation to Entrant or Nominee. Entrant and/or Nominee may be required to sign a release to that effect. Submission of an entry constitute Entrant’s consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the essay, including but not limited to all intellectual property rights.
7. GENERAL RULES AND REGULATIONS: Regardless of anything to the contrary set forth in the privacy policy on CHPA’s www.fivemoms.com web site, by entering this Contest and/or accepting a prize, Entrants and Nominees: (i) agree to be bound by the decisions of Sponsors and judges which are final and binding in all matters; and (ii) grant Sponsors and their designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, quotes, pictures and likenesses, without compensation, notification or permission, for the purpose of advertising and publicity in any and all media, now or after known, throughout the world in perpetuity and without compensation. In addition, Entrants and Nominees forever waive and relinquish all so-called “moral rights” (”droit moral”) now or hereafter recognized. Sponsor and Related Entities, expressly disclaim any responsibility and Entrants and Nominees agree to release, indemnify and hold harmless Sponsor and Related Entities from and against any liability, damages or claims for injury or loss to any person or property (including death) relating to, in whole or in part, directly or indirectly, participation in this Contest, the acceptance and/or subsequent use or misuse of any of the prizes awarded, claims based on publicity rights, defamation or invasion of privacy. Sponsor and Related Entities are not responsible for (and are hereby released from liability with respect to) any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from the downloading of any material from the Sponsor’s or Related Entities’ websites, regardless of whether the material was prepared by Sponsor, Related Entities or a third party, and regardless of whether the material is connected to the website by a hypertext link. Sponsor and Related Entities further assume no liability either for the cancellation, modification or premature conclusion of the Contest for any reason or through the acts or defaults of any company or person providing any prize. All such losses or expenses must be borne by the affected Entrants and/or Nominees.
8. WINNERS LIST: A list of the winning Nominees (and the Entrants for those Nominees) will be posted on Sponsor’s website (www.fivemoms.com)by June 15, 2008.
9. SPONSORS: This Contest is sponsored by the Consumer Healthcare Products Association (CHPA), 900 19th Street NW, Suite 700, Washington, DC 20006.
