BIRTHDAYS @ MOCHiMU SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

The Birthdays @ MoChiMu Sweepstakes (the “Sweepstakes”) will commence at 10:00AM on September 28, 2024 (“Start Date”) and end at 5:00PM on September 30, 2024 (“End Date”).  The period between the Start Date and End Date will be referred to as the (“Sweepstakes Period”).

1. SPONSOR.  The Sweepstakes is sponsored and administered by The Modesto Children’s Museum, Inc. a California not-for-profit 501(c)(3) organization located at 928 11th St, Modesto, CA 95354 (“Sponsor”). 

2.   ELIGIBILITY REQUIREMENTS.  The Sweepstakes is open to legal residents of the United States, Puerto Rico and the District of Columbia who are 18 years of age or older.  VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.  Directors, officers, employees, and agents of Sponsor, and the immediate families of such persons (defined as spouse, child, sibling, parent, son-in-law, daughter-in-law, grandparent, “step” or “half” variations of any of the preceding individuals, and all descendants and each of their respective spouses, regardless of where they live), and those living in their same households, whether or not related, are ineligible to enter, win or collect prizes in the Sweepstakes.  The Sweepstakes is subject to all applicable federal, state, and local laws, regulations, and ordinances.   

3. TO ENTER. To enter the Sweepstakes: (i) come into the Modesto Children’s Museum Launchpad Lobby at 928 11th Street Modesto, CA 95354 (“come in”), (ii) fill out the Birthdays @ MoChiMu giveaway entry card provided at the Front Desk  (“fill out information”); and (iii) put your card into the submissions bin in the Lobby (the “Entry”). 

 4. WINNER SELECTION AND NOTIFICATION.

 Winner Selection: There will be one (1) winner. Winner will be determined by Sponsor on or about Tuesday, October 1, 2024 from among all eligible Entries. All decisions of Sponsor are final and binding. All Entries are subject to verification, confirmation and compliance with the Official Rules. Odds of winning depend upon the number of eligible Entries received. Limit: one (1) winner per household.

 Winner Notification: Sponsor will attempt to notify potential winner (“Potential Winner”) via phonet, or direct email on or about October 1, 2024. Potential Winner must respond within two (2) days of notification attempt. Failure to respond to notification as directed within the stated time will result in forfeiture of the prize. Awarding of any prize is subject to verification of Potential Winner’s eligibility and full compliance with these Official Rules. If any Potential Winner cannot be contacted as specified above, or if a Potential Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the Potential Winner will be disqualified and an alternate winner may, at Sponsor’s sole discretion, be selected in their place from among all remaining eligible Entries, time permitting.

5. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be one (1) prize: One Birthday @ MoChiMu base-level package which includes one hour private rental of our Maker Lab and admission for 10 guests and the birthday child. Total ARV of the prize(s) to be awarded in this Sweepstakes: up to $350. Prize will be sent to the email address provided by the winner after the winner is verified. Unclaimed or returned prizes will not be awarded. Sponsor is not responsible for any legal, or other restrictions on the winner's use of the prize.  Incidental expenses and all other costs and expenses which are not specifically listed as part of the prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the winner. If any part of the prize becomes unavailable for any reason, Sponsor will not be responsible to award that part of the prize. Winner is solely responsible for any and all applicable fees and taxes associated with receipt and use of the prize. PRIZE IS AWARDED “AS IS,” “WHERE IS,” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. Prize is nonassignable, non substitutable, and nontransferable. Notwithstanding the foregoing, Sponsor may, at its sole discretion, substitute cash or a prize of equal or greater monetary value.

6. LIMITATIONS OF LIABILITY AND RELEASES.  No liability or responsibility is assumed by Sponsor from entrant’s participation in, or attempt to participate in, the Sweepstakes. Sponsor is not responsible for any typographical errors in the information provided by entrants, or in the announcement of prizes or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein.  Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. All such entries are subject to verification.  By entering or otherwise participating in the Sweepstakes and/or accepting any prize, each entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. The entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials and mail submitted to or from Sponsor, and further agrees that all prizes are awarded upon the condition that Sponsor and any of its respective officers, directors, employees or agents (collectively, the “Released Parties”) shall have no liability whatsoever, and each entrant agrees to release, indemnify and hold harmless the Released Parties for, any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Sweepstakes or participation in any Sweepstakes-related activities and further acknowledges that said Released Parties 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 any prize awarded in connection with the Sweepstakes.

BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

By accepting the prize, the winner agrees that Sponsor may use any and all such winners’ names, cities and/or states of residence, statements, likeness, voice, photograph and/or biographical information, without limitation, for promotional purposes relating to the Sweepstakes, in any media or format, whether now known or hereafter developed, including but not limited to the internet, worldwide, in perpetuity, without further consideration or payment, where permitted by law.  Should the winner make any false statement in any document referenced herein, the winner will be required to promptly return to Sponsor the awarded prize(s) received.

7.     GOVERNING LAW & JURISDICTION.  Except where prohibited, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant, Sponsor, and their respective agents shall be governed by and construed exclusively in accordance with the laws of the State of California, including its statutes of limitations, without giving effect to any principles of conflicts of law of any jurisdiction.  Entrants agree that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prize, shall be filed only in the state courts with jurisdiction over Stanislaus County, California or in federal courts in the Eastern District of California, and the entrants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 

8. PRIVACY.  Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes solely for the purposes of administering the Sweepstakes and fulfilling the prize, and by entering this Sweepstakes you consent to the collection, use, disclosure and management of your personal information for said purposes.

9. WINNER’S LIST.  For confirmation of the winner’s name (first initial, last name) and city of residence, send a self-addressed, stamped envelope to the Sponsor located at 928 11th St, Modesto, CA 95354, by [October 31st, 2024 – 30 days after winner is selected].