MomSmack Twitter parties are open to participants who are at least eighteen (18) years old at the time of entry. Employees of MOMSmack and other companies associated with the promotion of said parties, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
2. Agreement to Official Rules
Participation in MomSmack Twitter parties constitutes entrants full and unconditional agreement to and acceptance of these Official Rules and the decisions of MomSmack, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
3. Entry Obligations
Limit one (1) entry per person, per email address, and per household for all ballots. Entries received from any person, e-mail address, or householdin excess of the stated limitation will be void. All entries become the property of MomSmack and will not be acknowledged or returned. You must be following all hosts and our sponsor to win any prize.
4. Winner Notification
The winner will be notified on Twitter. You must be present and using the Twitter party hashtag to win prizes throughout the event as well as the main prize for the ballot winner.
5. General Conditions
In the event that the operation, security, or administration of a MomSmack Twitter party is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event a MomSmack Twitter Party is unable to run as planned for any other reason, as determined by MomSmack in its sole discretion, MomSmack may, in its sole discretion, either (a) suspend the event to address the impairment and then resume in a manner that best conforms to the spirit of these Official Rules or (b) terminate the event and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. MomSmack reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the eventor to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the event may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by MomSmack to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
6. Release and Limitations of Liability
By participating in a MomSmack Twitter party, entrants agree to release and hold harmless MomSmack, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies including La Costa Resort and Spa, Barton Creek Resort, The Homestead Resort, Grove Park Inn, Rancho Las Palmas Resort and Spa, The Hotel Del Coronado and Montelucia Resort and Spa associated with the Event, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Event or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)application downloads, (e) any other errors or problems in connection with the Event, including, without limitation, errors that may occur in the administration of the Event, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Event-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Event or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Event, and in no event shall the entrant be entitled to receive attorneys fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Event. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Event or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.
All winners during the Event, with the exception being the Grand Prize, will be decided by Random.org. Each participant in said Twitter Party may win only one prize. The exception being the ballot winner. All participants must be RSVPd to the event in order to win a prize. Participants may only win one grand prize per fiscal year.
Prizes may not be used by the winner as a giveaway.