Official Rules: Inspiring Mom Awards

Official Rules
“Inspiring Moms” Contest

PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST.  VOID WHERE PROHIBITED BY LAW.

NO PAYMENT OR PURCHASE IS NECESSARY TO WIN.  PAYMENT OR PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. General Conditions. The Tea “Inspiring Moms” Contest (the “Contest”) is a skill-based contest sponsored by Tea Living Inc. dba Tea and Tea Collection (the “Sponsor” or “Tea”). By entering the Contest, each entrant agrees to abide by the terms of these Official Rules (the “Rules”) and by the decisions of the Sponsor and Judges (as defined below), which shall be made in their sole and absolute discretion and are final and binding on all matters relating to the Contest. The Contest 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 Contest is void where prohibited by law. The Contest is also governed by the Privacy Policy pertaining to the www.teacollection.com website (the “Sponsor Site”), although the Rules will govern in the event of any conflict between the Privacy Policy and the Rules.
2. Who Can Enter. The Contest is open only to natural persons who, as of the date of entry, are legal residents of the 50 United States (including the District of Columbia), are at least eighteen (18) years old, and have Internet access and a Facebook account. Employees, officers and directors of Sponsor, its parents, subsidiaries, affiliates, and their partners (including store owners), suppliers, or advertising, promotion, and fulfillment agencies are not eligible to enter or win, nor are their immediate family members or members of their household. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean those people who share the same residence at least three months a year.
3. How To Nominate an Inspiring Mom: Nominations for the Contest (each, a “Nomination”) will be accepted starting at [time] Pacific Time (PT) on October 12, 2012 and ending at 11:59 p.m. PT on October 23, 2012 (the “Nomination Period”). A person who submits a Nomination is referred to in these Official Rules as a “Nominator.” To nominate an Inspiring Mom, visit www.facebook.com/teacollection and follow the links and instructions to nominate the person you wish to submit for the Contest (the “Nominee”). You can nominate a Nominee in one of three categories:

• Globetrotter: A mom who instills the values of raising little citizens of the world – whether it be through traveling or living abroad or teaching her kids about global cultures through training and discovery.
• Making a Difference: A mom who is involved in her community and is working to solve problems locally or globally, whether by working with a community organization or running a nonprofit.
• Mompreneur: A mom who pursues her business or profession with passion and excels at work/home balance.

When you submit a Nomination, you must provide the Nominee’s name and email address, your own name and email address, and a description of the Nominee’s accomplishments (a “Narrative”); if the Nominee has a Twitter handle, you can provide that at your option. Together, the Narrative and contact information you submit is called the “Submission.” You may nominate more than one Nominee, but you may not nominate an individual Nominee more than once. If you nominate the same individual Nominee more than once, only the first Nomination will count. The submission of a Nomination is solely the responsibility of the Nominator, and Nominations can be made only using the method described above.

1. Selection of Semifinalists: All Submissions in each category will be judged by two (2) of Sponsor’s staff (each, a “Judge”). For each category, the Judges will select five (5) semifinalists from among all eligible Submissions received in that category by the end of the Nominating Period. Each Judge will score the eligible Submissions on three general criteria and two category-specific criteria, all weighted equally. The judging criteria are:

General criteria:

• How much does she inspire you?
• How often does she “go there” – either across the street or across the globe to raise her kids as little citizens of the world?
• Does she have good work/life balance?

Category-specific criteria:

Globetrotter:

• Has she found new and innovative ways to introduce her children to different cultures?
• Does she try to bring her children with her when she travels internationally?

Making a Difference:

• Is she making a difference in her community?
• Is she a setting a good example for her children of why volunteering and helping your community is important?

Mompreneur:

• Is her company making a difference for its customers?
• Is she setting a good example of entrepreneurial independence for her children?

 

Each Judge will award up to 10 points per criterion, for a maximum possible total of 50 points, and the scores of the Judges will be added to determine a Submission’s total score. If there is a tie, the tied entries will be rescored as described above by Sponsor’s CEO and Chief Creative Officer.

1. Selection of Finalists: Nominees who are selected as semifinalists will receive an email from Sponsor on or about October 26, 2012 notifying them that they have been selected. The Nominee can either accept or reject the Nomination by replying to the email and taking the following steps:

• To reject a Nomination, reply to the email with the word “REJECT” in the subject line.
• To accept a Nomination: (1) No later than 5 pm PT on October 29, 2012, reply to the email with the word “ACCEPT” in the subject line; and (2) no later than 5 pm PT on October 30, 2012, send Sponsor a picture that can be used in connection with judging and published on Sponsor’s Facebook page and website. Nominees can, at their option, also provide Sponsor with their Facebook, Twitter and other social media handles, but failure to provide handles will not disqualify a Nominee.

Semifinalists who accept their Nominations as described above will be judged by two (2) Judges selected by Sponsor as embodying the qualities of the applicable category. Each Judge will review the semifinal entries in her category and score them on the general and category-specific criteria described in Section 4, awarding up to 10 points per criterion for a maximum possible score of 50 points. The two Judges’ scores will be added to determine a semifinalist’s total score. The semifinalists with the top three (3) scores in each category will become finalists. In the event of a tie, the applicable Submissions will be rescored as described above by Sponsor’s CEO and Chief Creative Officer.

1. Selection of Winners: Finalists will be announced and their Submissions posted on Sponsor’s Facebook page on or about November 1, 2012. Starting when the finalists are posted and ending at 11:59 pm PT on November 15, 2012 (the “Public Voting Phase”), members of the public (“Voters”) may visit Sponsor’s Facebook page, view the finalists’ Submissions, and vote for the finalist in each category that the Voter believes best embody the values of the Tea brand and the judging criteria for that category. The Nominee who receives the highest number of votes in each category during the Public Voting Period will be named as the potential Grand Prize Winner for that category, subject to verification. In the event of a tie, Sponsor’s CEO and Chief Creative Officer will choose the potential Grand Prize Winner by scoring the tied entries as described in Section 4 above.
2. 7. Prizes:  Three (3) Grand Prizes: The Grand Prize Winner in each category will win the opportunity to have Sponsor make a $1,000 donation to the children’s charitable organization of her choice. Donations will be made directly by Sponsor to qualifying charitable organizations, and no funds will be provided to the Grand Prize Winners. In order to qualify, the charitable organization must be a valid 501(c)(3) organization whose primary mission involves working for the benefit of children. Decisions about whether a charity qualifies for a donation will be made by Sponsor in its sole discretion. One (1) Nominator Prize: Each Nominator who submits a valid Nomination during the Nomination Period will receive a chance to win a $250 Tea Collection gift certificate, good at www.teacollection.com. The winner of the Nominator Prize will be chosen at random from all valid Nominations received; odds of winning depend on the number of valid Nominations received during the Nomination Period.
3. Prize Terms: All prize values are stated in United States dollars. If a stated prize is unavailable, Sponsor has the right to substitute one or more items of equal or greater value, in its sole and absolute discretion. No prize is exchangeable, transferrable, or redeemable for cash. The winner 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 personal income, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to any prize. THE PRIZE(S) WILL BE GIVEN AWAY BY THE SPONSOR “AS IS.” SPONSOR DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PRIZE OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
4. Award of Prize: The Grand Prize winners and Nominator Prize Winner will be selected on or about November 16, 2012. The potential winners will be notified by email within fourteen (14) days of selection. PLEASE NOTE: EVEN IF YOUR NOMINATION IS CHOSEN AS A POTENTIAL GRAND PRIZE WINNER AT THE CONCLUSION OF THE PUBLIC VOTING PERIOD, YOU HAVE NOT YET WON A PRIZE. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION OF ELIGIBILITY BY THE SPONSOR BEFORE ANY PRIZE IS AWARDED. The potential winners may required to sign and return, when requested, an affidavit of eligibility and/or publicity and/or liability release form, to the extent not prohibited by law, prior to receipt of a prize. The winner must take possession of the prize as directed by Sponsor. The winner may be required to provide Sponsor with his or her social security or taxpayer identification number for tax purposes. The winner may also be required to provide Sponsor with proof that he or she is the Authorized Account Holder of the email address associated with the winning entry. An “Authorized Account Holder” is the natural person who is assigned to an email address by an Internet access provider or other organization responsible for assigning email addresses to the domain associated with the email address. In the event of a dispute, an entry will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. Failure to respond to the winner announcement or return any required declarations or releases within seven (7) days (or any longer time specified by Sponsor in its sole discretion) or to comply with any of the foregoing, may result in disqualification and the selection of an alternate winner.
5. Restrictions and Conditions of Entry: Submissions must be in English, original, must not have been previously published, and must not contain any material that is degrading, defamatory, fraudulent, obscene, indecent or otherwise objectionable, that infringes the legal rights of any third party, or that promotes, contains or references any product, service, company name, logo or trademark (other than those of the Sponsor). All Submissions will be reviewed prior to publication, but such review does not relieve the Nominator from responsibility for compliance with these Official Rules. Submissions that do not comply with these Official Rules, or that otherwise contain prohibited or in appropriate content (as determined by Sponsor in its sole discretion) will be disqualified and will not be published or considered for a prize. Submissions must be received by the end of the Nomination Period in order to be valid. Proof of submission is not proof of the Sponsor’s receipt and the Sponsor’s designated computer is the only valid official time-keeping device for the Contest. Submissions without all of the required information will be disqualified. In addition, the Sponsor will have no responsibility for, and will have the right to refuse in its sole and complete discretion, any entries that have been tampered with and any entries that are late, lost, illegible, inaccurate, misdirected, non-conforming, corrupt, or otherwise incomplete, whether due to Internet or email server failure, failure of the store staff to transmit them, or otherwise. Upon submission, all entries become the sole property of the Sponsor and will not be acknowledged or returned. Any attempt at or form of entry other than as expressly specified in these rules (including but not limited to automated, copied, third-party or mechanically reproduced entries) is strictly prohibited and will result in disqualification. Entrants are prohibited from artificially inflating or attempting to artificially inflate the number of votes received by any finalist, whether by offering prizes or other inducements to members of the public, vote farming, or any other such activity as determined by Sponsor in its sole discretion. Sponsor will be collecting personal data about participants when they register and enter the Contest. By participating in the Contest, you agree to all of the terms and conditions of the Privacy Policy. It is the entrant’s responsibility to inform the Sponsor if the entrant’s contact information changes after the entry is submitted.
6. Representations: By entering the Contest, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the Contest; (b) in entering and participating in the Contest, 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 and all information about the identity of the person who took the photo that is part of the Submission, is true, accurate and complete in all respects. Each Nominator further represents and warrants that (a) the Narrative submitted by the Nominator is true and correct, and (b) the Narrative is the Nominator’s original work and does not infringe the intellectual property or other legal rights of any third party. Each Nominee further represents and warrants, by accepting the Nomination, that (x) she has reviewed and approved the Submission and it is true and correct; (y) she agrees to these Official Rules; and (z) she has obtained all necessary permissions regarding the photo submitted in connection with her nomination, including but not limited to any permissions from the photographer and any other person pictured, and can grant rights in the photo to Sponsor as described in these Official Rules.
7. Release: To the maximum extent permitted by law, by entering the Contest, each Nominator and Nominee (each, an “entrant”) releases and holds harmless the Sponsor, the prize manufacturers or suppliers, any other entities involved in the administration of the Contest, 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 Contest and participation in the Contest 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 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 Contest-related materials; or (h) any other technical or human error that may occur in connection with the Contest (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 CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.
8. Termination: The Sponsor reserves the right to suspend, modify or terminate the Contest at any time and for any reason in its sole discretion, including without limitation in the event of fraud, abuse, tampering, or technical, administrative, financial or other difficulties. In such cases, Sponsor will post notice on the Contest page of the Sponsor Site. Should the Contest terminate prior to selection of a winner, Sponsor will announce an alternate means of awarding the prize on the Contest page of the Sponsor Site.
9. Use of Submissions; Grant of Rights to Sponsor. All Submissions (including photos provided by semifinalists) and related entry materials become the property of Sponsor and will not be returned to the entrant. To the maximum extent permitted by law, by entering the Contest, each entrant irrevocably and perpetually consents to use by the Sponsor (or any third party chosen by the Sponsor) of the Submission and of any and all information, photos, drawings, text or other material contained in the Submission  or otherwise provided by such entrant related to the Contest in connection with administering and publicizing the Contest or future Sponsor promotions. This consent includes the right for Sponsor, or any third party chosen by Sponsor, to publish, use, adapt, edit and/or modify entry photos in any way, to distribute them in any and all media worldwide, and to do so without compensation to the entrant, the photo subject, or any other person or entity. To the maximum extent permitted by law, by accepting a prize, the winner consents to the print and online publication of his or her name, address and winning Submission as part of a winners’ list and to use of his or her winning Submission, name, voice, photograph, biographical material, and likeness by Sponsor or any third party third party chosen by Sponsor, as set forth in this Section 14. Other than as set forth herein, Sponsor will treat any personal information supplied by entrants in connection with the Contest in accordance with the Privacy Policy.
10. Miscellaneous: Any dispute between Sponsor and an entrant arising out of or relating to these Rules, the Contest, or any prize must be brought exclusively in the state or federal courts located in the City and County of San Francisco, California and must be brought individually, without resort to any form of class action. By entering the Contest, each entrant submits to the jurisdiction of those courts and waives any objection to those courts, whether on the basis of jurisdiction, venue, inconvenience of the forum, or otherwise. 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 Sponsor of any third party, product or service.
11. Sponsor: Tea, 1 Arkansas St, Suite B, San Francisco, CA 94107; 415-621-9400.
12. For Winners’ Names: Winners’ names will be available after November 30, 2012. For a list of winners’ names, send a self-addressed, stamped envelope to: Tea, attn: Inspiring Moms Contest Winners, 1 Arkansas St, Suite B, San Francisco, CA 94107, by December 31, 2012.