“America’s Best Baby Boutique Contest: Part II – Voting Sweepstakes” 

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID OUTSIDE THE 50 UNITED STATES AND DISTRICT OF COLUMBIA AND WHERE OTHERWISE PROHIBITED.

1. VOTING PERIOD:
The voting period (Part II) sweepstakes of America’s Best Baby Boutique Contest (the “Promotion”) begins 12:00 pm EST 10/27/08 and continues through 11:59 pm EST 11/14/08 (“Promotion Period”). All entries must be received no later than 11:59 pm EST on 11/14/08.

2. TO ENTER:
To enter, visit www.thecradle.com/bbb, and follow the instructions to submit: (i) a vote for one of the twenty “physical location” boutique finalists; or (ii) a vote for one of the five “online only” boutique finalists; or (iii) a vote for one of the twenty “physical location” boutique finalists and a vote for one of the five “online only” boutique finalists. You are allowed to submit only one vote in each category and you must complete all required fields. SUBMITTING VOTES IN BOTH CATEGORIES WILL NOT INCREASE YOUR CHANCE OF WINNING. After you click “send,” you will be automatically entered in the sweepstakes. You are not required to register or login at thecradle.com. All information included in your submission shall become the property of The Cradle, LLC (“Sponsor”) and will not be acknowledged except as provided in these Official Rules. Limit one submission per person. Sponsor, its affiliated companies, and advertising and promotions agencies shall have no liability for entries that are incomplete, or for entries that are not accurately received due to online technical malfunctions or systems-related problems. Incorrect, illegible, and incomplete entries are void. Should technical problems impair or inhibit the fair conduct of this Promotion, the Sponsor has the right to modify, cancel, or suspend the affected portion(s) of the Promotion or the entire Promotion.

3. ELIGIBILITY:
The Promotion is open to legal residents of the 50 United States and D.C. only, who are 18 years of age or older at the time of submission. Void outside of the 50 United States and D.C. and where prohibited. Employees of Sponsor and affiliated companies, advertising and promotion agencies, sales representatives and their immediate family members (spouses, parents, legal guardians, children, siblings, grandparents) and those with whom such employees are domiciled are not eligible. Promotion is subject to all federal, state and local laws and regulations.

4. DRAWING:
One winner will be selected in a random drawing conducted by Sponsor on or around 11/19/08 among all eligible entries received. Sponsor’s decisions shall be final on all matters related to the Promotion. Odds of winning a prize depend on the total number of eligible entries received.

5. RESTRICTIONS:
Limit one submission per person. You may enter the Promotion under one name and one email address only. Enter using only an email address subscribed and registered in your name. Limit one prize per household. All information included in the submission process shall become the property of Sponsor and will not be acknowledged except as provided herein. Sponsor, its affiliated companies, participating sponsors, information providers, content providers, subsidiaries, advertisers, advertising agencies, promotional and marketing agencies, and any other companies involved with or otherwise providing services related to this Promotion, are not responsible for any failure of any electronic equipment, computer transmissions and/or network connections, nor are they responsible for any inaccuracies in information which may be used in the Promotion, or any inaccurate information being displayed in the Promotions or becoming introduced into Promotion databases or for any technical or human error which may occur in the processing of attempts, including data entered by entrants. Sponsor, its affiliated companies, participating sponsors, information providers, content providers, subsidiaries, advertisers, advertising agencies, promotional and marketing agencies, and any other companies involved with or otherwise providing services related to this Promotion, reserve the right to discontinue the Promotion at any time, in which event, only entries received prior to that date will be considered eligible for prize receipt. Sponsor is not responsible for the effects of hackers. Entries generated or submitted by robotic, automatic, macro, programmed or other mechanical or other automated means are void. Sponsor reserves the right to disqualify any entrant who violates these Official Rules or interferes with the Promotion in any manner. Sponsor shall resolve all disputes as to identity of the winner who enters on the basis of the identity of the registered user of the email account, and if a prize is won by such submission, the registered user of such email address shall be awarded the applicable prize.

6. PRIZE:
One (1) Prize: a gift card, gift certificate or another form of store credit in the amount of $1,000 redeemable on merchandise at one of the finalist boutiques (available for in-store or online purchases).

After being notified, and at the time of completing other required documentation (if any), winner will select one of the physical or online finalist boutiques for winner’s $1,000 shopping spree. The Cradle will arrange for a gift card, gift certificate or other store credit to be issued by such finalist to the winner. If the winner is unable to use the Prize in accordance with applicable rules and restrictions, the Prize will be forfeited and no additional compensation will be provided. In case a winner is required to forfeit the Prize, The Cradle may, in its sole discretion, award the Prize to an alternate winner. If for any reason, The Cradle cannot obtain a gift card, gift certificate or other store credit redeemable at the boutique selected by the winner, The Cradle reserves the right to substitute winner’s selection for a gift certificate redeemable at any other one of the finalist boutiques or for any other prize of equal or greater value, in its sole discretion..

The terms, conditions and restrictions of the gift card, gift certificate or other form of store credit will govern all matters relating to its use and redemption, and will be determined in the sole discretion of the applicable boutique. Any other expenses or taxes not specified herein are the responsibility of the winner, including shipping, handling, transportation, and sales tax. Prize is non-transferable, non-refundable and no substitutions are permitted, except by Sponsor in its sole discretion.

Odds of winning depend on the total number of eligible entries received.


7. GENERAL:
The potential winner will be notified by email provided in the potential winner’s entry. Potential winner will have seven (7) days to confirm the information and, if so requested in said email, execute and return to Sponsor an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, a publicity release. Failure of winner to comply with the above prize claim requirements for any reason, or, the return of any prize notification or prize as undeliverable, or, the determination that the winner is ineligible to receive a prize, will result in forfeiture of the prize and the selection of an alternate winner from among the remaining eligible entries. Sponsor reserves the right to select no more than two (2) alternate winners before the prize will be deemed “unclaimed” and therefore will not be awarded. Prize is not transferable. Unclaimed prizes will not be awarded. Winner is responsible for all federal, state and local taxes. If applicable, allow up to 6 to 8 weeks for shipment of gift card, gift certificate of other form of confirmation of the store credit. Except where prohibited, acceptance of prize by winner constitutes winner’s consent that his/her name, photograph, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation or consent. By entering, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor and waives any right to claim ambiguity with regard to the mechanics of the Promotion or the interpretation of the Official Rules. If winner is found to be in violation of any of these rules, he/she will be required to forfeit his/her prize, or, at Sponsor’s discretion, to reimburse Sponsor for the value of the prize if such violation is found after the prize has been used. Prize must be accepted as awarded, no substitutions allowed, except Sponsor reserves the right to award a prize of equal or greater value. By accepting a prize, winner agrees to release Sponsor, its directors, employees, officers, and agents, including without limitation its advertising and promotion agencies, from any and all liability, loss or damages arising out of or in connection with the awarding, receipt, use or misuse of the prize or participation in any prize-related activities, including, but not limited to personal injury, death and property damage. By entering and participating in this Promotion, entrant agrees that the exclusive venue for all disputes or litigations arising out of the terms of these Official Rules or the operation of the Promotion shall be in the federal and state courts located in Los Angeles, California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred but not attorney’s fees. Entrant hereby waives all rights to claim punitive, incidental, special, exemplary and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages or other otherwise increased, to the maximum amount permitted by law.

8. GOVERNING LAW AND VENUE:
The terms and conditions of these Official Rules, as well as the conduct of this Promotion, shall be governed by and construed under the laws of the State of California. As a condition of entering this Promotion, entrant agrees that: (1) under no circumstances will entrant be permitted to obtain awards for any losses or damages, 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 waives any and all rights to have damages multiplied or otherwise increased; (2) 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 (3) any and all claims, judgments and awards shall be limited to actual out of-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees.

9. WINNER LIST:
For the name of the winner, send a self-addressed, stamped envelope postmarked by 12/31/08 to: The Cradle - Best Baby Boutique Voting Winner List, 1100 Glendon Ave., 17th Floor, Los Angeles, CA 90024. Vermont residents may omit return postage.

10. SPONSOR:
The Promotion is sponsored by The Cradle, LLC 1100 Glendon Ave., 17th Floor, Los Angeles, CA 90024.