How to Be a Dad

How to Be a Dad

Terms of Use

This Web site (hereafter, “this Site”) is owned and operated by How to Be a Dad. Its principal place of business is Pasadena, CA, United States of America. This Site is for your personal, non-commercial use only.

Access to, and use of, this Site are subject to the following terms and conditions. By using this Site, you signify your assent to these terms of use. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Such changes shall be posted on this page and shall become effective immediately upon posting. Visitors to this Site should periodically check for changes to these terms. Your continued use of this Site following the posting of changes to these terms and conditions (including our Privacy Policy) will mean you accept those changes. Please e-mail any questions regarding this policy to mailtron@howtobeadad.com.

Intellectual Property

This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, audio clips, (collectively, “the Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by How to Be a Dad or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of How to Be a Dad and protected by U.S. and international copyright laws.

You may view, copy, download, or print material appearing on this Site subject to the following conditions:

  1. The material may only be used for your personal, non-commercial use; the material may not be modified; all copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and the copyright notice and permission notice: “© 2012 How to Be a Dad. All rights reserved.” must appear on each copy.
  2. Any other actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site’s design, or How to Be a Dad’s logos without the express written permission of How to Be a Dad or the owner of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or net-worked computer environment is prohibited.

User Submissions

Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of How to Be a Dad You agree that any submissions, in whole or in part, may be used by How to Be a Dad or any of its affiliates for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that How to Be a Dad is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.

Trademarks

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the Trademarks of How to Be a Dad and others. Nothing contained in this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of How to Be a Dad. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these terms and conditions, is strictly prohibited.

Disclaimer, Limitations of Liability, and Indemnity

This Site could include technical or other inaccuracies or typographical errors. How to Be a Dad makes no warranties or representations about the accuracy or completeness of this site’s contents or of the content of any site or sites linked to this site. This site is provided “as is” without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of the rights of third parties.

This Site may include links to other Internet sites, both related and unrelated to this Site, which may be of interest to users. Additionally, other sites may link to this Site with or without the permission of How to Be a Dad How to Be a Dad is not responsible for the content or availability of these sites. Descriptions of, or references to companies, products, or publications not owned by How to Be a Dad on this Site or any linked site do not imply any endorsement of such companies, products, or publications by How to Be a Dad How to Be a Dad shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the companies, services, or publications accessed through this Site.

How to Be a Dad, its affiliates, their directors, officers, employees, shareholders, agents or any others involved in the creation of this Site shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of your access to or use of any content of this Site or any sites to which this Site links or is linked. Nor is How to Be a Dad responsible for or liable for any damage, including damage caused by viruses, to your computer, computer system, or other property during or on account of access or use of this Site or any sites to which this Site links or is linked.

Furthermore, you agree to defend, indemnify, and hold harmless How to Be a Dad and its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from, or related to, your use of the Site or your breach of any of the terms of this agreement.

Users Outside the U.S.

This Site is available internationally and may contain references to product or services not available in all countries. How to Be a Dad does not market all of its products or services in all countries. Some How to Be a Dad products sold outside of the United States may be formulated differently from the products shown in this Site.

Applicable Law

This Site is created and controlled by How to Be a Dad in the state of New Hampshire, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. How to Be a Dad makes no representations that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The terms and conditions for use of this Site shall be governed by and construed in accordance with the statutes and the laws of the state of New Hampshire, without giving effect to any principles of conflicts of law. You and How to Be a Dad agree and hereby submit to the exclusive personal jurisdiction and venue of Rockingham County, New Hampshire and the United States District Court for the District of Washington for the purposes of litigating any action arising from or relating to your use of this Site. If any part of these terms and conditions is declared unlawful, void, or for any reason unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire Agreement between you and How to Be a Dad with respect to the use of this Web site.

Official Rules

NO PURCHASE NECESSARY
VOID WHERE PROHIBITED BY LAW

HOW TO ENTER: The “Back to School Nitro-Booster by Nespresso!” (the “Contest”) begins on Wednesday, August 22, 2012 at 12:01 A.M. (Los Angeles Time) and ends on Wednesday, September 4, 2012 at 11:59 P.M. (Los Angeles Time) (the “Entry Period”). Any person who, during the Entry Period, enters the contest through the Offerpop tab is automatically entered into the Contest. Any other attempt at entry is void. There is a limit of one (1) entry per person during the Entry Period. All entries must be received by Wednesday, September 4, 2012 at 11:59 P.M. (Los Angeles Time).

ELIGIBILITY: Only legal residents of the United States who are 18 years of age or older as of August 21, 2012 and are not residents of New York or Florida are eligible to enter the Contest and win the prize.

PRIZE/ODDS OF WINNING: One (1) entrant will be selected as the winner and will receive the Nepresso Citiz with Aeroccino featured on the giveaway page. The retail value of the prize is approximately $300.00. Prizes are not transferable, assignable or redeemable for cash. No substitution for the prize by a winner will be allowed. All expenses and taxes not specifically mentioned herein are the sole responsibility of the winner.

The prize awarded is subject to the restrictions and limitations noted in these Official Rules, on the prize and/or included with the prize and the winner must abide by all such limitations and restrictions, including expiration dates. No substitutions or cash equivalents of the prize (or portion thereof) is permitted except at the sole discretion of Sponsor who reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value at its sole discretion. The winner agrees to accept the prize “as is.” Odds of winning the prize depend on the number of eligible entries received.

SELECTION AND NOTIFICATION: The winner will be selected on or about September 7, 2012 from all eligible and qualified entries received in accordance with these Official Rules. The winner will be notified via email and will be required to submit a name and mailing address for delivery of the prize. If the winner cannot be reached after a reasonable effort has been exerted, or if he/she is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, the winner may be disqualified and an alternate winner may be selected.

GENERAL CONDITIONS: The winner is solely responsible for all taxes relating to his or her prize including applicable sales and income taxes. To the extent applicable, any forms required by the appropriate taxing authority must be completed prior to delivery of the prize. The winner may be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (“Affidavit/Release”) and provide a valid photo identification (i.e., driver’s license, US passport). To the extent applicable, return of prize notification as undeliverable will result in disqualification.

Except where prohibited by law, by accepting his or her prize the winner grants Sponsor, prize suppliers and their respective partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors, and all of their respective officers, directors, employees, representatives, attorneys and agents (collectively, the “Sponsor Entities”) the universal and perpetual right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast, and to grant others the right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast the Response Recipe and the winner’s name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats, and media now known and hereafter developed, in connection with the Contest and/or any Contest-related activity and any and all advertising, promotion, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration. By accepting the prize, the winner represents and warrants that the winner has the authority to grant to Sponsor Entities such license.

Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or, as applicable, the operation of Sponsor’s website or who is otherwise in violation of these Official Rules. Such a person will be prosecuted to the fullest extent of the law. Sponsor further reserves the right to cancel, terminate, suspend or modify any contest, game or drawing not capable of completion as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention or technical or other failures of any sort, or any other causes beyond the control of Sponsor.

DISCLAIMERS: Sponsor Entities are not responsible for lost, late, damaged, incomplete, stolen, illegible, misdirected, deleted, destroyed or altered entries; or for any mail, computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability or garbled or jumbled transmissions, service provider/Internet/net accessibility or availability, traffic congestion, or unauthorized human intervention, as applicable. Sponsor Entities are not responsible for any incorrect or inaccurate information.

By participating, entrants on behalf of themselves and their heirs, executors, administrators, successors and assigns hereby knowingly and voluntarily release, discharge, waive and relinquish, and agree that they will not assert or maintain against the Sponsor Entities, those involved in the development, production (including prize suppliers, contractors, service providers), implementation and distribution of this Contest, and their designated agents and any other person or entity associated with such entities and/or this Contest, and any of their respective officers, directors, employees, representatives, attorneys, or agents (collectively, “Sponsors’ Companies”), any claim, action, suit or demand of any kind or nature whatsoever, whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Contest or any Contest-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Entrants hereby further agree that Sponsors’ Companies are not responsible or liable for, and that entrants will indemnify, defend, release, and hold Sponsors’ Companies harmless from and against, any and all claims, liabilities, losses, damages, injuries, costs and expenses (including, without limitation, reasonable attorney’s fees) of any nature whatsoever whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Contest or any Contest-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Sponsor Entities shall not be responsible for any cancellation, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), other transportation companies or any other persons providing any of these services or accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor Entities shall not be liable for any loss or damage to baggage. Entrants hereby acknowledge that they may hereafter discover facts different from or in addition to those which they now know or believe to be true and agree that this release will remain effective notwithstanding.

If by reason of any error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised prize. No more than the advertised number of prizes will be awarded.

WINNER LIST/RULES: The name of the winner may be obtained after September 7, 2012 by sending a self-addressed, stamped envelope, received by September 10, 2012, to “Back to School Nitro-Booster by Nespresso!” Winner, Shutmouth, PO Box 5850, Sherman Oaks, CA 91413.

For a copy of the Official Rules, please send a self-addressed, stamped envelope to be received before September 7, 2012 to “Back to School Nitro-Booster by Nespresso!” Winner, Shutmouth, PO Box 5850, Sherman Oaks, CA 91413.

GOVERNING LAW: Except to the extent pre-empted by federal or other applicable state law, this Contest shall be governed by the laws of the State of California (without giving effect to any conflict of law provisions thereof). By participating in this Contest, entrants agree that any and all disputes which cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City of Los Angeles, California having competent jurisdiction, which Court shall apply the laws of the State of California without giving effect to any conflict of law provisions thereof.

SPONSOR: Shutmouth, PO Box 5850, Sherman Oaks, CA 91413. Entrants acknowledge that Facebook is not a sponsor of the Contest and release Facebook from any liability relating to the Contest.