Terms and Conditions of Website Use
Please refer to our disclosure agreement.
TERMS AND CONDITIONS OF WEBSITE USE
The websites www.5minutesformom.com, www.5minutesforbooks.com, www.5minutesforspecialneeds.com, www.5minutesforparenting.com, and www.5minutesforgoinggreen.com (the “Websites”) are comprised of various Web pages operated by Winter Marketing USA Corp d/b/a “5 MINUTES FOR MOM,” a U.S corporation and fully-owned subsidiary of Winter Marketing Inc, a Canadian Corporation (collectively referred to herein as “Sponsor”).
The Websites, their individual pages, and any content or promotions hosted on the Websites are offered conditioned on acceptance without modification of the terms, conditions, and notices contained herein, including any operating rules, Official Promotion Rules, policies, and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Sponsor reserves the right to change the terms, conditions, and notices under which the Websites are offered at any time without notice. Use of the Websites constitutes agreement to and acceptance of all such terms, conditions, rules and notices.
COPYRIGHT AND TRADEMARKS
The content of the Websites and all intellectual and other proprietary rights therein are the property of Sponsor. All content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Sponsor or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Sponsor and protected by U.S. and international copyright laws.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Some example companies, organizations, products, people and events depicted herein may be fictitious for presentation purposes. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
SITE ACCESS AND LICENSES GRANTED
Sponsor grants User a limited license to access and make personal use of the Websites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Sponsor. This license does not include any resale or commercial use of the Websites or their contents; any derivative use of the Websites or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Websites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sponsor.
Unless otherwise prohibited by law, any User who posts or submits material (a “Commenter”), unless indicated otherwise, grants Sponsor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Commenter grants Sponsor and sublicensees the right to use the name submitted in connection with such content, if they choose. Commenter represents and warrants that he or she owns or otherwise controls all of the rights to the content posted; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that Commenter will indemnify Sponsor for all claims resulting from content supplied.
User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Websites so long as the link does not portray Sponsor, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any Sponsor logo or other proprietary graphic or trademark as part of the link without express written permission.
Any unauthorized use of the Websites terminates the permission or license granted by Sponsor.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
The information on the Websites is provided by Sponsor for entertainment or informational purposes only. The opinions expressed by editors, writers, sponsors, commenters, guest contributors, or any other content providers are their own and do not constitute medical, legal, financial or other advice. Information received via the Websites should not be relied upon for personal, medical, legal or financial decisions, and User should consult an appropriate professional for specific advice tailored to his or her situation.
Users of the Websites may post comments, suggestions, ideas, questions, photos, links to other websites and/or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of submitted or posted content.
By way of example, and not as a limitation, User agrees that he or she will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files to the Sponsor system that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files to the Sponsor system that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless authorized by Sponsor
- Conduct or forward surveys, other Promotions, pyramid schemes or chain letters.
- Download any file posted by another Website user that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Websites.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Use any meta tags or any other “hidden text” utilizing Sponsor’s name or trademarks without the express written consent of Sponsor.
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sponsor without express written consent.
- Violate any applicable laws or regulations.
Sponsor has the right (but not the obligation) to monitor and edit or remove any activity or content. Sponsor reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sponsor‘s sole discretion. Sponsor takes no responsibility and assumes no liability for any content posted by Commenter, sponsors, guest contributors, or any third party.
The Websites may provide, third parties may provide and/or refer User to, links to other Internet websites and/or resources. Because Sponsor has no control over such third party websites and/or resources, User hereby acknowledges and agrees that Sponsor is not responsible for the availability of such third party websites and/or resources. Furthermore, Sponsor does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Sponsor provides content on its Websites “AS IS” and makes no representations or warranties of any kind, express or implied, as to the operation of the Websites or the information, content, materials, products (including software) or services included on or otherwise made available to User through the Websites. The information, software, products, and services included in or available through the Sponsor Websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Sponsor and/or its sponsors may make improvements and/or changes in the Websites at any time. User expressly agrees that his or her use of this site is at his or her sole risk.
To the full extent permissible by applicable law, Sponsor disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Sponsor does not warrant that the Websites; information, content, materials, products (including prizes) or services included on or otherwise made available to users through the Websites (including products or services recommended or evaluated); their servers; or e-mail sent from Sponsor are free of viruses or other harmful components. Neither Sponsor nor its officers, directors, employees, agents, successors, or assigns will be liable for warranty, costs, damage, injury, or any other claims of any kind arising from the use of the Websites or from any information, content, materials, products (including software) or services included on or otherwise made available to User through the Websites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, whether based on contract, tort, negligence, strict liability or otherwise, even if Sponsor or any of its sponsors has been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to User.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Sponsor reserves the right to make changes to the Websites, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term, rule, or condition. The terms and conditions of this agreement may not be amended without the affirmative written consent of Sponsor.
OFFICIAL PROMOTION RULES
Sponsor (5 MINUTES FOR MOM) may from time to time offer a Contest or Giveaway (collectively referred to herein as a “Promotion”) through its Websites. A Contest is a Promotion in which the potential winner may be selected on the basis of some merit or skill specified in the announcement, while a Giveaway is a Promotion in which the potential winner may be selected randomly based solely on chance. Any Promotion offered by Sponsor is subject to the following terms and conditions:
- A Promotion may be announced via Sponsor’s Websites or other means at Sponsor’s sole discretion (“Promotion Announcement”). The Promotion Announcement will include at least the following for that individual specific Promotion: (1) the start and end date; (2) any additional eligibility requirements; (3) method of entry; (4) description of how many, the nature and estimated value of each prize; and (5) how and when a potential winner(s) will be selected and notified.
- Any Entrant who does not agree with these terms and conditions should not enter into a Promotion. Participation in a Promotion constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Promotion Rules, including amendments and rules contained in a Promotion Announcement, and the decisions of Sponsor, which are final and binding in all respects.
- No purchase or fee is necessary to enter into any Promotion. A Purchase will not improve chances of winning. Odds of winning depend entirely on the number of eligible entries received.
- Unless otherwise stated or posted in the Promotion Announcement, Entrant must be a resident with a shipping address (not a P.O. Box) in either the United States or Canada. Entrant must have reached the age of the majority in the state or providence of residence at time of entry and have online Internet access before the date of the Promotion Announcement.
- A Promotion is subject to all applicable federal, state and local laws and regulations. The following Promotions are void: (1) any Promotion in the state of Arizona, (2) any Promotion in Quebec, Canada, (3) any Promotion in the state of Rhode Island when the estimated value of the Prize is greater than $500 USD, (4) any Promotion in the states of Florida or New York when the estimated value of the Prize is greater than $5000 USD, and (5) any Promotion in a jurisdictions where registration may be required. Promotion is void where prohibited by law.
- Employees of Sponsor, and its affiliates, parent companies and subsidiary companies, and their immediate families (parents and children) are not eligible to participate in any Promotion.
Entry and Materials Submitted
- Entrant is deemed to be the holder of the established email account associated with the entry. Only one entry per e-mail address or per household will be considered for Promotion entry, unless multiple entries are specifically allowed in the Promotion Announcement.
- Entrants must send entries and additional materials, including photographs, (collectively “Materials”) as required in the Promotion Announcement in order to be eligible. Entries received after the deadline set forth in the Promotion Announcement are ineligible, null, and void. Sponsor will not be responsible for and will not consider incomplete or incorrect entries. Sponsor is not responsible for entries that are sent but not received by Sponsor or are unable to be processed for any reason.
- For photography Promotions, Entrant warrants that the Entrant owns the submitted photograph and that it is original, non-professional, neither previously published nor having won any other award whatsoever. By submitting Materials to Sponsor, Entrant represents and warrants that the Materials do not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right of any third party and that Entrant has the full and unrestricted right to transfer the Materials to Sponsor free and clear of any claims or encumbrances.
- Entrant agrees that Sponsor shall have no obligation to post, display, or otherwise make publicly available any Materials submitted. Sponsor reserves the right at its sole discretion to reject and disqualify any nude photograph or those photographs which are deemed in its sole discretion to be obscene, profane, offensive, lewd, pornographic or otherwise inappropriate. Pornographic images and any image that at any stage involved cruelty or violence to humans or animals/wildlife will not be permitted and will be disqualified.
- Entrant agrees that Materials submitted may be made available by Sponsor for viewing, rating, reviewing, and commenting by the public. Entrant acknowledges that comments or ratings with which Entrant disagrees may be published or otherwise become associated with Materials submitted to Sponsor. By submitting Materials to Sponsor, Entrant waives any privacy expectations that he or she may have with respect to the Materials.
- In a Giveaway Promotion in which the potential winner(s) is selected at random, Sponsor (or its designee) will conduct a random drawing from among all eligible entries contained in the Promotion entry pool.
- In a Contest Promotion in which the potential winner(s) is selected based upon skill or accomplishments, Sponsor (or its designee) will choose the potential winner(s) based on the merits of each entry, in Sponsor’s sole and absolute discretion, according to the requirements of the Promotion Announcement.
- By entering any Promotion, Entrant agrees to abide by the rules of the Promotion and to accept the decisions of Sponsor as final, binding and non-appealable.
- The potential winner(s) of the Promotion will be announced on one or more of the Websites after the close of the voting or selection period. Potential winner(s) will also be notified via e-mail.
- Sponsor (or its designee) will make every reasonable effort to notify and award the Prize to the potential winner(s) selected. However, unless otherwise stated in the Promotion Announcement, a potential winner may be required (in Sponsor’s sole and absolute discretion) to forfeit any and all rights to receive the Prize if one or more of the following occurs: (1) if Sponsor is unable to reach a potential winner within five (5) business days, (2) if a potential winner fails to respond to the notification within five (5) business days, (3) if a potential winner declines to accept the Prize, (4) if the notification or the Prize itself is returned as undeliverable, or (5) if the potential winner(s) does not satisfy all of the eligibility requirements. If a potential winner is required to forfeit rights to receive the Prize, Sponsor may elect (but shall not be required) to select an alternate potential winner in Sponsor’s sole and absolute discretion, and Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.
- If a resident of Canada is selected as a potential winner of a random drawing Giveaway, that potential winner will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question, to be administered by Sponsor either by mail, telephone, e-mail, or fax (at its sole discretion) before the awarding of the Prize. In the event that the potential winner is unable to correctly answer the skill-testing question, Sponsor may elect (but shall not be required) to select an alternate potential winner in Sponsor’s sole and absolute discretion, and Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.
- Sponsor reserves the right to require the potential winner(s) to execute an Affidavit of Eligibility and/or a Publicity/Liability Release as sworn documents and to provide other proof of eligibility as a condition of receipt of the Prize.
- Any difference between the actual value of the Prize and the estimated value included in the Promotion Announcement will not be awarded.
- If the specified prize becomes unavailable for any reason, Sponsor in its sole and absolute discretion may substitute a Prize of like or equal value. The winner(s) may not transfer prize rights nor request substitutions or cash redemptions. The actual Prize recipient acknowledges, agrees and understands that he or she shall bear sole responsibility for any incidental expenses not specified in the prize description and for the reporting and prompt and full payment of any and all applicable federal, state and local taxes that may be owed in connection with the receipt, possession or use of the Prize.
- No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Promotion Announcement to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Except where prohibited by law, by submitting an entry into a Promotion, Entrant agrees to allow Sponsor and its affiliates to use Entrant’s name, city and state or providence, voice and/or images in connection with publication of Entrant’s entry and for promotional purposes, without review, notification, approval, or compensation. Entrant hereby grants to Sponsor and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose deemed reasonable by Sponsor. In addition to other things, the rights granted to Sponsor include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.
- Sponsor assumes no responsibility for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected or postage-due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctions, of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any Websites or service; (4) unauthorized human intervention in any part of the entry process or the Promotion ; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail or e-mail; or (7) any injury or damage to persons or property, including but not limited to Entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion, receipt or use or misuses of any prize, or from downloading any material from Sponsor’s Websites, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s Websites by a hypertext link.
- Sponsor reserves the right in its sole and absolute discretion to terminate any Promotion at any time without prior notice, including but not limited to if it becomes technically corrupted or because of unauthorized human intervention. Sponsor reserves the right in the event of such cancellation to award the Prize to an eligible, non-suspect entry received prior to cancellation.
- By submitting the entry, Entrant agrees and hereby releases Sponsor and its parent companies, affiliates, subsidiaries, employees, agents, officers and directors from any and all liability or claims of any nature arising in connection with Entrant’s participation in the Promotion, including but not limited to Sponsor’s use of the Materials submitted to Sponsor and used in any manner in Sponsor’s sole and absolute discretion, or as to any prize(s) which may be awarded. By entering and/or accepting a prize, Entrant releases and agrees to hold harmless Sponsor and its directors, officers, employees, representatives, agents, successors, or assigns from any and all liability for any injuries, loss or damage of any kind, including death, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize or any other claims arising out of or in connection with any Promotion offered by Sponsor.
- Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion , or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court in the state of Washington; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Promotion Rules, or the rights and obligations of Entrant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
- If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term, rule, or condition. Sponsor’s failure to enforce any term of these Official Rules for any reason shall not constitute a waiver of that provision.
- Sponsor The Promotion is sponsored and promoted by:
Winter Marketing USA Corp.
1621 Cornwall Avenue
Bellingham, WA, U.S.A.
Winter Marketing Inc.
800-15355 24th Avenue
Surrey, BC, Canada
Potential Winner Notification
Release and Limitations of Liability