OFFICIAL RULES - BABY LOVES DISCO CONTEST




OFFICIAL RULES - BABY LOVES DISCO SWEEPSTAKES

1. HOW TO ENTER:

1.1 Twitter Sweepstakes No purchase or payment of any kind is necessary to enter or win this Baby Loves Disco Sweepstakes (the "sweepstakes"). A purchase will not increase your chance of winning. The sweepstakes begins at 12:00 PM EST on November 14, 2011 and ends 11:59 AM EST on November 16, 2011 ("Sweepstake Period"). Beginning November 14, 2011 at 12:00 PM EST, you may enter the sweepstakes on Twitter by tweeting a song or songs in response to the question asked by @hmusa. You must follow @hmusa and include @hmusa and #HMUSAMoms in the tweet to be eligible to win.

Incomplete, illegible, false or deceptive entries are void. Tweet as many times as you like to increase your chances of winning. Five (5) winners will be picked at random at 1:00 pm EST November 16, 2011 from all entries received by 11:59 am EST on November 16, 2011. H&M's computer will serve as the official time keeping and winner selection device for this Sweepstake. All entries submitted become the sole property of H&M and will neither be acknowledged nor returned.

2. ELIGIBILITY: From the official time and date of the start of the Sweepstake Period through the final date of prize fulfillment, you must be a lawful permanent U.S. citizen and resident currently residing in the 48 contiguous United States or the District of Columbia. You must also be 21 years of age or older as of the official time and date of the start of the Sweepstake Period. The Sweepstake is void in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. The Sweepstake, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. This Sweepstakes shall be governed by laws of the United States. Employees of H&M and their advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstake, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, "Sweepstakes Entities"), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Sweepstake.

3. DRAWING AND NOTIFICATION: On or before 1:00 PM EST on November 16, 2011, Whispr Group Inc. ("Sponsor") will select five (5) potential prize winners. The potential prize winners will be selected from all eligible entries received ("Entrants") in random drawings on November 16, 2011 as fully stated in section 1 above, whose decisions are final and binding in all respects ("Potential Prize Winner"). Odds of winning the Prize depend on the number of eligible entries received. Potential Prize Winner will be notified via twitter, facebook or email given. Failure of Potential Prize Winner to respond to such notification with 48 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected ("Alternate Potential Winner"). Alternate Potential Winner shall be contacted as soon as practicable and shall also have 48 hours to respond. H&M and/or Sponsor reserve the right to modify the notification procedures in connection with the selection of any Alternate Potential winner, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE ("Winner").

4. PRIZE:

4.1 Each Winner must be at least 21 years as of the official time and date of the start of the Sweepstake Period. Winner will receive four (4) tickets to the Baby Loves Disco event at Le Poisson Rouge ("Event") in New York, NY on November 20, 2011 ("Prize"). Each Winner can bring three (3) guests ("Guests"). PLEASE NOTE that non- walking children ("Non-Walkers") are not considered Guests and may enter the Event without a ticket, but everyone else needs a ticket. Winner and each of their Guests are responsible for all transportation to and from the event. Additional restrictions may apply. Winner must be able to attend the Baby Loves Disco event on November 20, 2011, as more fully described in Section 6, below.

4.2 In total, twenty (20) tickets to the Baby Loves Disco event at Le Poisson Rouge in New York, NY on November 20, 2011 (terms and conditions of passes apply). Approximate Retail Value ("ARV"): $60 per package of four (4) tickets.

4.3 H&M is not responsible if the Baby Loves Disco event is delayed, postponed or cancelled for any reason and winner will not be reimbursed for the tickets. The tickets are subject to issuer's standard rain-check policies and procedures. H&M is not responsible if winner does not use his/her pass on date of the event. Prizes are non-transferable and no substitution will be made except as provided herein at Whispr Group Inc. ("Sponsor") sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.

4.4 Limit one Prize per person/household. Actual value of Prize may vary and any difference between actual value and ARV will not be awarded. Any costs associated with Prize receipt and/or use that are not expressly stated above are not included in the Prize package and are the responsibility solely of the winner and his/her travel companion. Such costs may include, without limitation, any additional ground transportation, meals, incidentals, tips, telephone calls or other personal costs and expenses not specified herein but relation to the use or acceptance of the Prize which are the sole responsibility of the winner.

4.5 Winner and Guests are responsible for obtaining identification documents and/or other travel documents required for the trip. Sponsor will not replace any lost or stolen tickets, vouchers, certificates, Prize or prize components once they are in the Winner's possession. No transfer, or cash or other substitution of any Prize allowed except that Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or Prize component of comparable or greater value.

5. GENERAL PRIZE CONDITIONS: Payments of all federal, state and local taxes are solely the responsibility of the winners. Winner and Guests will each be required to complete and submit an IRS form W – 9 to H&M indicating the Winner and Guests' full Social Security Number or equivalent for the receipt of any prize(s) awarded by H&M in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize.

6. PRIZE ELIGIBILITY: IF ANY POTENTIAL PRIZE WINNER IS NOT ABLE TO ATTEND BABY LOVES DISCO ON NOVEMBER 20, 2011 IN NEW YORK, NY, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND WILL RECEIVE NOTHING. AN ALTERNATE POTENTIAL WINNER WILL BE SELECTED. No compensation will be made in the event that the tickets are not awarded, the event does not occur, or does not occur within a certain time period, due to circumstances beyond the Sponsor's control. Except where prohibited, Potential Prize Winner will be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, and a Tax Acceptance Form ("Affidavit/Release"). Guests of Potential Prize Winner must be a permanent lawful U.S. citizen and resident residing within the 48 contiguous United States or District of Columbia. Such documents must be signed and returned by the date and/or time indicated within such documents. If Potential Prize Winner and/or their Guests fails to sign and return such documents within that time, or if an Entrant is found to be ineligible, or if an Entrant does not comply with the Official Rules, then Potential Prize Winner will be disqualified and an Alternate Potential Winner will be selected. Entrant waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize and any liability which might arise from redeeming or seeking to redeem said Prize. Sponsor is not responsible for fraudulent calls or emails made to Entrants not from Sponsor. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstake will be the sole responsibility of the Winner and Guests. Except where prohibited by law, each Winner's entry and acceptance of the Prize constitutes permission for the Sweepstake Entities to use the Winner's and Guests' (if any) name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Sweepstake on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review permission or further compensation. All entries are subject to verification prior to awarding of prize. Eligibility, age and claims made by a Potential Prize Winner are also subject to verification prior to awarding of the Prize.

7. SWEEPSTAKES CONDITIONS - VOID WHERE PROHIBITED: This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor and waive any and all right to claim ambiguity in the Sweepstakes or these Official Rules. Winner, Guests and Entrants also agree to release, discharge, indemnify and hold harmless the Sweepstake Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; of any acceptance, possession, ownership, misuse of any Prize; or participation in any distribution; or in production errors. H&M or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion. THE SWEEPSTAKE ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

8. RESTRICTIONS - VOID WHERE PROHIBITED: Sponsor may at Sponsor's sole and absolute discretion: (i) provide different prizes of different or greater value; Sponsor shall not be liable to any winner or any person claiming through such winner for failure to supply the prize or any part thereof, reason of any acts of God, any action(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s) regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whosoever by the event, air carriers, hotels, or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. Due to the nature of the Prize, the Sponsor shall not be obligated to provide the Prize to the Potential Prize Winner if the Potential Prize Winner cannot fully enjoy the Prize due to illness or other reason, which shall be determined in Sponsor's sole discretion. Under this circumstance, Sponsor may or may not seekan Alternate Potential Winner if it feels there is a reasonable time to do so, in its sole discretion. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

9. LIMITATION OF LIABILITY: Sweepstakes Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or faulty internet functionality or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant's participation in the Sweepstakes or receipt or use of any Prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Sweepstakes. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes then Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Sweepstakes and to select potential winners from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

10. JURY TRIAL WAIVER: EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS SWEEPSTAKES, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

11. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS SWEEPSTAKE, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO H&M'S PRIVACY POLICY ON THE SWEEPSTAKE ENTRY PAGE; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO H&M'S PRIVACY POLICY AND TERMS OF USE. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER'S LIST.

12. RULES/WINNERS LIST: For the name and address of prize winner(s) send an email to hello@whisprgroup.com In the subject of the email, type "Baby Loves Disco Sweepstakes Winners". Whispr Group, Inc. shall only release the first name, the last initial and state of residence of winner to those requesting this information.



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