Terms & Conditions – Holiday Contest Percept

LIKE/COMMENT TO WIN

SOCIAL SWEEPSTAKES 

OFFICIAL RULES

 

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating, you are providing your information to EarlySense, not to Facebook, or Instagram.

By participating in the “LIKE/COMMENT TO WIN” Social Sweepstakes (hereafter, “Sweepstakes”), you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.

  1. Eligibility.Open only to U.S. residents, 18 or older.Employees, officers and directors (and their immediate families) of Sponsor and agencies (including Finn Partners), partners, affiliates, independent contractors and prize suppliers are not eligible. Void outside the U.S. and where prohibited by law.

 

  1. Sweepstakes Schedule.Sweepstakes begin on December 6, 2017 at or after 7 a.m. Pacific Standard Time (“PST”) and end on December 20, 2017 at 11:59 p.m. PST.

 

  1. Sweepstakes Entry.
    1. On the designated sweepstakes Facebook post, comment with the craziest myth about conceiving entrant has heard. Entrant may tag a friend for extra sweepstakes entries.
    2. To qualify, participants need to follow EarlySense Percept on Facebook (facebook.com/EarlySensePercept/).
    3. All statements must be posted/submitted by December 20, 2017 at 11:59 p.m. PST to be eligible for the Sweepstakes.

*You may sign up for a Facebook account for free. Note that, in order to utilize the Instagram service, a compatible mobile device is required.

 

  1. Entry Restrictions – In General.
  1. Only one entry per person. Repeated or egregious violations of the preceding entry restriction (as determined by Sponsor in their sole discretion) will result in disqualification from the Sweepstakes. A given Facebook or Instagram account can only be used by one (1) person to participate in the Sweepstakes; and, a given person may only use one (1) account per participating social media channel to participate in the Sweepstakes.
  2. The statement must be initially posted by user as a comment on EarlySense Percept’s Sweepstakes post. Likes, re-posts and private messages are not eligible for entry in the Sweepstakes.
  3. In the event of a dispute as to the identity of potential winner, entry will be deemed made and prize awarded to (if applicable), the owner of the email address associated with the Facebook or Instagram account used to enter the Sweepstakes. Sponsor shall determine the identity of the owner of the email address in their sole discretion. Without limiting the preceding, if a statement includes or references more than one (1) person, only the person who posted the statement to his/her Facebook or Instagram account will be considered the entrant for such statement.
  4. Message and data rates apply to use of mobile device for Sweepstakes entry. You may be charged by your wireless carrier for submitting your entry via mobile device. Be sure to check your wireless carrier’s pricing plan before entering via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
  5. Receipt of entry may be acknowledged but such acknowledgment does not constitute any representation as to Sweepstakes eligibility. Such acknowledgment may include possible reposting of a photo/video/statement by Sponsor.
  1. Additional Entry Restrictions – Statement Content.
  1. Statement will be deemed void and entrant posting same disqualified if Sponsor/Administrator (and, Sponsor/Administrator may have such statement removed from Facebook or Instagram as applicable) determine in their sole discretion that statement is in violation of any of the following requirements:
  • Violates the trademark, copyright, intellectual property or other rights of any third party;
  • Advocates violence, drug or alcohol use or any illegal act is inappropriate for publication, offensive or obscene (including hate speech or pornographic content);
  • Disparages Sponsor and/or reflects poorly on Sponsor’s brand
  1. Entrant owns all right, title and interest to its entry in the Sweepstakes, and is not prohibited from posting or exploiting in any way its entry (whether a photo/video/statement) or allowing others to exploit or use such entry in anyway, nor is Entrant prohibited in any way from agreeing to the terms of the Official Rules. Subject only to any rights retained by Facebook or Instagram in operating their respective social media channels (as applicable), entrant grants to Sponsor and its designees the nonexclusive, irrevocable, perpetual, worldwide, royalty free, transferable, sublicenseable right and license to use, perform, exhibit, store, reproduce and/or otherwise exploit the statement in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the statement. Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights.
  2. Entrant further expressly acknowledges that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) Entrant’s photo/video/statement and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith. Entrant also understands and agrees that Sponsor/Administrator do not have any duty of confidentiality or other fiduciary duty to Entrant relative to his/her photo/video/statement/entry.
  3. POSTED/REPOSTED STATEMENTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING THAT PERSONS POST STATEMENTS AND DISCLAIMS ANY RESPONSIBILITY IN CONJUNCTION WITH SAME, INCLUDING ANY LIABILITY FOR SCREENING, MONITORING OR REVIEWING POSTED OR REPOSTED STATEMENTS.
  4. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EARLYSENSE BE LIABLE TO ANY ENTRANT FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF ENTRANT’S ENTRY INTO THE SWEEPSTATES, SUBMISSION OF ANY ENTRY (WHETHER A PHOTO/VIDEO/STATEMENT), OR ANY PRIZE THAT MAY BE AWARDED IN CONNECTION THEREWITH.
  5. Prizes:

One (1) daily Facebook winner will be selected, and will be awarded an EarlySense Percept (MSRP $199). Use thereof shall be subject to applicable terms of use and privacy policy that shall be made available to user upon receipt of any Percept product. Winners will be contacted by EarlySense for their shipping address during the Sweepstakes. Prizes are not redeemable or exchangeable for cash.

  1. Additional Conditions of Participation.

Sponsor and its agencies are not responsible for Sweepstakes entries that are lost, late, illegible/garbled, corrupted, misdirected, defective, inaccessible, compromised, incomplete, damaged or delayed and all such entries are void. Sponsor and its agencies are also not responsible for (a) any incomplete, incorrect or inaccurate information, whether caused by tampering, hacking, equipment malfunction/failure or other cause; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission of entries, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; and (c) any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer online systems, servers or providers, software or programming (including filtering or other operation of the functionality of Facebook, or Instagram) or for damage to one’s computer or mobile device due to participation in the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules. The preceding in no way precludes Sponsor and/or Administrator from taking other actions against such individuals so as to protect their respective rights. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance shall not constitute the waiver of such provision. By accepting a prize, except where prohibited by law, winner agrees to the use of name, likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. By participating, entrant indemnifies, releases and agrees to hold harmless EarlySense and Finn Partners, and their respective parents, affiliates and subsidiaries, promotion partners, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, as well Facebook and Instagram, from any and all liability arising from participating in the Sweepstakes, any Sweepstakes-related activity and/or the acceptance, receipt, possession or use/misuse of any prize.

  1. Dispute Resolution/Governing Law

To the fullest extent permitted by law, by participating in the Sweepstakes, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or this Sweepstakes shall be filed exclusively in the U.S. District Court and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (b) any such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred, but NOT attorneys’ fees. These Official Rules and this Sweepstakes shall be governed by the laws of the State of California, without regard to principles of choice of law/conflict of laws of California (or any other jurisdiction which would result in the application of the laws of a jurisdiction other than the State of California). These Official Rules cannot be changed or terminated orally, and none of the terms hereof shall be deemed to be waived or modified except by an express agreement in writing signed by EarlySense. 

  1. Winners:

Winners will be contacted daily during the Sweepstakes starting Wednesday, December 6, 2017. A verified address will need to be provided to EarlySense. Contact details provided pursuant hereto shall be subject to EarlySense’s privacy policy available at: https://www.earlysense.com/.