Infant Optics Grateful Giveaway Official Rules

November 1, 2022

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

AGREEMENT TO RULES

By participating, You, the participant, agree to be fully and unconditionally bound by these Official Rules (“Rules”), and You represent and warrant that You meet the eligibility requirements set forth herein. Any violation of these Rules may, at GENEXUS, LLC d.b.a. Infant Optics (“Infant Optics”) discretion, result in disqualification. You agree to accept any and all decisions of Infant Optics as final and binding in all respects as it relates to this Sweepstakes and its content.

1. ELIGIBILITY

In accordance with these Terms and Conditions, the Infant Optics Grateful Sweepstakes (“Giveaway”) is open to all individuals who enter via Instagram who are 18 years of age or older as of the date of entry, and who: a) legally reside in the United States; and b) have a valid US mailing address. Employees of Genexus LLC and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. This Sweepstakes is void where prohibited.

2. SWEEPSTAKES ENTRY PERIOD

Entries will be accepted starting November 1, 2022, at 9:00AM PST and ending, November 24, 2022 at 11:59PM PST (altogether the “Sweepstakes Period”).

3. HOW TO ENTER

During the Sweepstakes Period, visit www.instagram.com/infantoptics (@infantoptics) and do the following actions to receive one (1) entry into the Sweepstakes (the “Entry”):

○ Follow @InfantOptics on Instagram;
○ Like any designated Sweepstakes (“Giveaway”) Instagram post;
○ Tag 3 other Instagram Accounts in a comment on any designated Sweepstakes (“Giveaway”) Posts. None of the tagged accounts can be your own;

Entrant may receive an additional entry by taking a screenshot of any designated Giveaway post and reposting it to their Instagram story and tagging @InfantOptics on that story (limit to one additional entry per person). The Entrant must fulfill all Sweepstakes requirements, as specified, and be following Infant Optics to be eligible to win a prize. Entries that are not complete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of Infant Optics.

You must be following Infant Optics to win. Sweepstakes Entries must be received between November 1, 2022, at 9:00AM PST and November 24, 2022 at 11:59PM PST. The odds of winning depend upon the number of eligible entries received. If You are under 18 years of age or have not yet reached the legal age of majority in your state of domicile, you are prohibited from entering the Sweepstakes. This Sweepstakes may be void in Your jurisdiction. It is Your responsibility to determine whether you may participate in this Sweepstakes in Your jurisdiction.

4. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS

There is one (1) new Infant Optics DXR-8 PRO baby monitor to be won. The ARV of the prize is $199.99 but the actual/appraised value may differ at time of prize award. The difference between the ARV and actual value of the prizes will not be awarded. There is (1) new Infant Optics DXR-8 PRO camera to be won. The ARV of the price is $99.99 but the actual/appraised value may differ at the time of prize award. The difference between the ARV and actual value of the prizes will not be awarded. There is one (1) $1,000 Amazon Gift Card to be won. No cash or other prize substitution is permitted. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted.

5. WINNER SELECTION, NOTIFICATION AND VERIFICATION

The winner will be selected in a random drawing from all eligible entries received during the Sweepstakes Period by an independent representative of Infant Optics whose decisions are final. The random drawing will be conducted within seventy-two (72) hours after the end of the Sweepstakes Period. Odds of winning will vary depending on the number of eligible entries received. Winners will be notified November 28, 2022 via Instagram by direct message at the Instagram account they used to enter the Sweepstakes. Infant Optics shall have no liability for a winner’s failure to receive notices due to winners’ security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 72 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, prize will be deemed forfeited and an alternate winner selected. If an alternative winner is selected, they will be notified via Instagram direct message. In the event of a dispute over the identity of an entrant or the specific individual entitled to receive the prize, entry will be deemed submitted by the “Authorized Account Holder” of the Instagram account submitted at time of entry. Authorized Account Holder means the natural person who is assigned to the e-mail address associated with the Instagram account which email address is assigned by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e- mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the entry. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT INFANT OPTICS’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

6. GENERAL CONDITIONS; RELEASE

By entering into this Sweepstakes, entrants expressly agree to: (i) be bound by these Official Rules and the decisions of Infant Optics; (ii) to waive any rights to claim ambiguity with these Official Rules; (iii) release and hold Infant Optics, as well as its subsidiaries, affiliates, consultants, advertising and promotion agencies and each of their respective directors, officers, employees, consultants, independent contractors and assigns (collectively, the “Released Parties”), harmless from and against any and all claims and liability resulting or arising, whether in whole or in part, directly or indirectly, out of the participation in the Sweepstakes, the operation of the Sweepstakes, the acceptance, misuse, nonuse, or use of any prize, or the use of the entrant’s name, biographical information, and/or likeness as permitted hereunder, including, but not limited to, any and all claims and liabilities (I) relating to any personal injury, death, or property damage or loss sustained by any entrant or any other person, or (II) based upon any allegation of violation of the right of privacy or right of publicity, misappropriation or violation of any other personal or proprietary right; and (III) waive all rights to claim punitive, incidental, and consequential damages, attorney’s fees, and all other damages other than actual out-of- pocket costs incurred to enter. YOU also agree to release and hold harmless Infant Optics and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, consultants, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of the prize (iii) unauthorized human intervention in any part of the entry process of the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries. The Released Parties are further not responsible for and are hereby released of any and all liability in connection with: (a) incomplete, lost, late, damaged, inaccurate, illegible, misdirected, garbled, delayed, or undelivered entries or referrals; (b) technical hardware or software malfunctions or failures of any kind; (c) lost or unavailable network connections or failed, incomplete, garbled, or delayed computer transmissions which may limit ability to participate; (d) any injury or damage to entrant’s or any other person’s computer, cell phone or electronic device related to or resulting from participating in the Sweepstakes; or (e) any technical, mechanical, printing, typographical, or human or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. Infant Optics reserves the right to, in its sole discretion: (1) cancel, suspend, or modify the Sweepstakes; and (2) disqualify any implicated entrants (and their entries) if any fraud, virus, bugs, non-authorized human intervention, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstakes, all as determined by Infant Optics in its sole discretion. Winner’s acceptance of the prize constitutes express permission to Infant Optics and its designees to use the winner’s name, city, state, likeness, biographical information, voice, and statements for purposes of advertising, promotion, and publicity worldwide in any and all forms of media, now or hereafter known, in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.

7. LEGAL WARNING

Any attempt by an individual, whether or not an entrant, to deliberately damage, destroy, tamper, or vandalize this website or affiliated Instagram account and interfere with the operation of this Sweepstakes, is a violation of criminal and civil laws and Infant Optics reserves the right to seek damages and diligently pursue all remedies again any such individual to the fullest extent permitted by law.

8. GOVERNING LAW; JURISDICTION; DISPUTES

Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation (collectively, the “Dispute”) shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provision that would cause the application of any other State’s laws. Any Dispute shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator. The arbitrator shall be selected by mutual agreement of Infant Optics and the entrant bringing forth the Dispute or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The party initiating any Dispute hereunder shall be responsible for payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing, except that each party shall bear its own deposition, witness, expert, and attorney’s fees and other expenses to the same extent as if the matter were being heard in court. Entrant, You, agree that any Dispute shall be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant, You, further agree that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes, but in no event attorney’s fees; and, under no circumstances, will an entrant, You, be entitled to awards for, and entrant, You, hereby waives (a) all rights to claim, any punitive, incidental, or consequential damages and any other damages other than actual out-of-pocket expenses, and (b) any and all rights to have damages multiplied or increased. Should any portion of this section be deemed void, unenforceable, or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of this Section and these Official Rules shall be given full effect as if they had not included such severed term. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE AND ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

9. PRIVACY

By entering this Sweepstakes, YOU agree that Infant Optics may use the personal information you provide through your entry in accordance with Infant Optics privacy policy (https://www.infantoptics.com/privacy-policy/).

10. SPONSOR

The Sponsor of the Giveaway is GENEXUS LLC d.b.a. Infant Optics, 420 Dewey Blvd., San Francisco, CA 94116.

11. NO IMPLIED ENDORSEMENT

This Sweepstakes is in no way sponsored, endorsed, or administrated by, or associated with, Instagram, Facebook Inc. or its affiliates. By entering this Sweepstakes You release Instagram, Facebook Inc. and its affiliates of any and all liability of whatever nature with respect to this Sweepstakes.

VOID WHERE PROHIBITED BY LAW.