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THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES AND MILITARY INSTALLATIONS) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE OR OLDER TO ENTER. "365 Diaper Days" Sweepstakes - Official Rules 1. The Sweepstakes period is from 12:00:01 am Eastern Time (ET) April 14, 2008 ("Sweepstakes-Start") to 11:59:59 pm ET, August 3, 2008("Sweepstakes-End"). Sponsor's clock determines time. 2. Eligibility: This Sweepstakes is open only to legal residents residing in the 50 United States and D.C. who are at least the age of majority in their state of residence at the time of entry. Void in Puerto Rico and other US territories and military installations. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings, and each of their spouses regardless where they live) or members of household of Growing Family, Inc., dba Our365("Sponsor") and THE MARKETING AGENCY, LLC ("Administrator"), their respective parent companies, subsidiaries, advertising, design, web design, web hosting and publicity agencies, print/mail production companies and anyone connected with the production or distribution of this Sweepstakes (the "Sweepstakes Entities") are not eligible to enter or be awarded a prize. 3. How to Enter: Go to www.our365.com, click on "Join" at the upper right-hand corner of the home page and complete the free registration with all requested information including a valid email address for which you are the authorized user. Maximum one (1) entry per person or mailing address during the Sweepstakes-Period. "Authorized user" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular entry, the entry will be deemed submitted by the authorized account holder of the email account. Anyone who had previously registered on Our365.com is automatically entered into all the drawings. Entries must be made by an individual from a stand-alone computer and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All entries discovered to have been made in violation of these Official Rules will be deleted. 4. Winner Selection: There will be one (1) weekly winner chosen each week for 16 weeks in random drawings, for a total of 16 weekly winners. Weekly random drawings will be made from eligible entries received (including all previously registered) by 11:59:59 pm ET on the Sunday of the weekly drawing in question starting with all entries received by 11:59:59 pm ET, April 20, 2008. Non-winning entries in one weekly drawing will be rolled over to subsequent weekly drawings; therefore you need only enter once to be entered in all subsequent weekly drawings. Prize winners will be notified by email to the email address submitted with an entry/registration or through other means of communications at Sponsor's sole discretion. It is an entrant's responsibility to keep his/her email address current. A potential First Prize winner will have three (3) business days to reply to the email, agreeing to accept the prize and providing/confirming full contact information. Failure to confirm and provide the above within the time limit will signify to the Sponsor that the prize has been declined and forfeited for all time and another potential winner will be chosen in random drawings. 5. Quantity, Prize, Approximate Retail Value (ARV) and Odds: (16) Weekly Prizes (one per drawing period): A $500 Target GiftCard. ARV: $500. Odds of winning any prize: Dependent on the total number of eligible entries received by each drawing period. Earlier entries will have more chances of winning than later entries. Prizes will be awarded after each weekly drawing. Prizewinners acknowledge that the prizes are awarded "as is" and that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. Should the value of a prize be less than the ARV, the difference will not be awarded. 6. General: By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sweepstakes administration will be conducted by THE MARKETING AGENCY, LLC, an independent judging organization whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. Sponsor is not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, and for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors, including but not limited to, errors by Sponsor's representatives who enter incorrect information into any of Sponsor's computer systems or force majeure . Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes if in Sponsor's sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or force majeure or any other causes beyond Sponsor's control. Winners will be drawn from among all eligible entries received up to the time of cancellation/termination for that period's drawing. The remaining drawings will be cancelled. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor's sole judgment entrant has not complied with these Official Rules. Without limitation, all of an entrant's entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sponsor assumes no liability for damage caused to entrant's or any other person's/entity's computer hardware, software or communications network, regardless of cause. Only the prizes and the respective values listed in the Official Rules shall be awarded. By entering this Sweepstakes, a participant explicitly releases, discharges and holds harmless the Sweepstakes Entities, their successors, estates and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys' fees and/or experts' fees and costs, which he/she now has or may acquire, by reason of any injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of a prize. By accepting a prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorneys' fees and/or experts' fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive a prize is non-assignable and non-transferable and no prize substitution or exchange or cash or in-kind equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of a prize or force majeure. A prize or prize notification that is returned as undeliverable will disqualify the potential winner and an alternative potential winner shall be selected in random drawings shortly thereafter. 7. Sweepstakes void where prohibited, licensed, restricted or taxed. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 8. Except in the State of Tennessee and where prohibited by law, acceptance of the prize constitutes permission to use the winner's name, voice and likeness and any and all identifying characteristics for promotional, advertising and publicity purposes (including posting to the our365.com website) in perpetuity; this permission includes, but is not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation, and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind. 9. The Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. 10. Sponsor and Administrator collect personal information from you when you enter the Sweepstakes. The information collected is subject to the Our365 Privacy Policy found at www.our365.com/aboutus/privacy.aspx and The Marketing Agency's Privacy Policy found at themarketingagency.com/html/aboutUs.html. 11. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Manhattan, New York. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys' fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you. 12. For a Winners List — available on or about August 18, 2008, send a hand-printed, self addressed, stamped #10, business envelope to Winner — "365 Diaper Days" Sweepstakes, c/o The Marketing Agency, 233 Needham Street, Suite 300, Newton MA 02464 . Requests must be received by August 29, 2008. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded. 13. This Sweepstakes is sponsored by Growing Family, Inc., dba Our365, 3613 Mueller Road, St. Charles, MO 63301 ("Sponsor"). This Sweepstakes is administered by The Marketing Agency, LLC, 233 Needham Street, Suite 300, Newton, MA 02464 ("Administrator").
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