Official Rules

NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN. ONE ENTRY PER PERSON. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. NOMINATORS MUST BE A LEGAL RESIDENT OF THE STATE OF NORTH CAROLINA AND AT LEAST 18 YEARS OLD (19+ IN AL) AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED.

  1. PROMOTION PERIOD: The Pumping Room Makeover nomination period begins at 12:01 a.m. Eastern Time (“ET”) on August 1, 2019 and will continue until August 31, 2019 (the “Promotion Period”).
  2. SPONSOR AND ADMINISTRATOR: Aeroflow Healthcare, 65 Beale Road, Arden, NC 28704
  3. ELIGIBILITY: The promotion is open only to legal residents of the United States who are at least 18 years old as of the date of entry. Employees, officers, managers, directors, shareholders, members, agents, representatives and their immediate family members (including spouses, siblings, parents, children and their spouses) and household members (whether related or not) of Aeroflow Healthcare, an affiliated entity or any of their respective parent companies, subsidiaries, distributors, affiliates, vendors, service agencies and companies involved in the design, implementation and execution of the Promotion (collectively, the “Promotion Partners”) are not eligible to participate in the Promotion. The Promotion is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
  4. AGREEMENT TO OFFICIAL RULES: By entering the Promotion, you fully and unconditionally agree to be bound by and accept all terms of these Official Rules and the decisions of Sponsors and Administrator (including decisions with respect to the selection of winners and the interpretation of these Official Rules), which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all of the requirements set forth herein.
  5. HOW TO ENTER: Persons submitting nominations (“Nominators”) must complete entries by using the online form. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Aeroflow Breastpumps. Each Nominator must notify any company that they choose to nominate (“Nominee”) of intent to include them in this contest. Each Nominee must also accept terms and conditions to be considered for the Prize.
    Neither Sponsor nor any of the Released Entities (as defined herein) shall be responsible for either lost, late, damaged, delayed, destroyed, postage-due, misdirected, stolen, illegible, or incomplete, entries or mail; or for electronic, network, computer/scanner failures, or malfunctions, or other technical, mechanical, electronic or human errors or failures of any kind in the receipt, transmission and/or processing of entries. Entries become the property of the Sponsors and will not be returned.
  6. WINNER SELECTION, PRIZE DESCRIPTION AND ODDS OF WINNING: Each winner (“Winner”) will be selected based on the quality and compelling nature of submission by Pumping Room Makeover Committee vote under the supervision of Aeroflow Breastpumps to win the prize described in Section 7 below. The odds of winning depend on the number of eligible entries received. Odds of winning are equal regardless of method of entry.
  7. PRIZES: The prize (“Prize”) Pumping Room Makeover” products chosen by Aeroflow Breastpumps and gift cards with a total approximate retail value (“ARV”) of $3,000. Each Winner must allow employees and associates of Aeroflow Breastpumps into their business for purposes of film, photography and audio capture.
  8. WINNER NOTIFICATION: Each Winner will be notified by e-mail and/or telephone within approximately ten (10) days following the community vote drawing described in Section 6 above. If any given Winner cannot be contacted, does not respond within three (3) business days from the date the Administrator first tries to notify him/her, and/or the prize notification is returned as undeliverable, such Winner and Winner’s Nominator will forfeit the Prize and Sponsors may, but are not required to, select an alternate Prize winner by community vote from among all remaining eligible entries. Upon contacting any given Winner and determining that he/she satisfy all eligibility requirements of the Promotion, including without limitation the execution of the required affidavit of eligibility, liability release and publicity release described in Section 10 below, such individual will be deemed a “Winner”. The Sponsor will coordinate delivery of the Prize to each Winner within one (1) to three (3) months from the date that each Winner’s Nominator confirms his/her identification and satisfaction of the eligibility requirements and provides the documentation/information required pursuant to these Official Rules.
  9. PRIZE CONDITIONS: Sponsor reserves the right to substitute a Prize of the same or approximate retail value. No cash substitutions will be allowed. Each Prize is non-assignable and non-transferable. As a condition to receiving the Prize, the eligible entrant selected by the community vote drawing described in Section 6 above will be required to complete, sign, notarize and return an affidavit of eligibility, a liability release and a publicity release (where lawful) within the time period indicated on the winner notification. Any applicable federal, state or local taxes and any expenses or costs incurred in connection with or incidental to receipt or use of the Prize, including but not limited to taxes, tips, or any other service or item not specifically described in the Prize description above, are the sole responsibility of each Prize Winner, as applicable, and Sponsor shall not be responsible or liable for expenses or charges incurred by any Prize Winner in connection with the receipt or use of the Prize. The Prize shall be awarded “as is” with no guarantees or warranties, either express or implied. The Sponsor makes no representations or warranties in connection with the Promotion or the Prize and EXPRESSLY DISCLAIM ALL WARRANTIES AND RIGHTS IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, to the maximum extent permitted by law. If the Prize Winner declines to accept the awarded Prize or is disqualified for failure to comply with the prize conditions set forth herein or these Official Rules, the selected winner will forfeit the Prize and Sponsor may, but is not required to, award the forfeited Prize to an alternate winner selected by community vote drawing from among all remaining eligible entries. The Prize (or any portion thereof) awarded may differ from any depiction shown in any promotional materials in connection with the Promotion. All prize details are in Sponsors’ sole discretion. Sponsor/Promotion Partner is not responsible and shall not be liable if any Prize is declined or undeliverable. Sponsor reserves the right to modify, suspend, extend or cancel the Promotion (with or without notice) at any time in Sponsor’s sole discretion, and may, but is not required to, substitute another promotion in its place. Sponsor further reserves the right to amend or change these Official Rules at any time, in Sponsor’s sole discretion. Sponsor/ Promotion Partner shall not be responsible for any limitations that prevent any Prize Winner or the Prize Winner’s guest from accepting or using the awarded Prize. The failure of Sponsors or the Promotion Partners to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of such parties (excepting compliance with applicable codes or regulations) or other force majeure events will not be considered a breach of these Official Rules.
  10. PUBLICITY AND PRIVACY: By entering the Promotion, entrants and Winners consent to the use of their name, likeness and image for purposes of advertising, marketing and promotion of Sponsor, the Promotion Partner and the Promotion without compensation, except where prohibited by law, including video, photography and audio capture. Information collected from entrants through the Promotion is subject to Aeroflow Breastpumps’ privacy policy. By entering the Promotion, you agree to the use of your personal information as described in such privacy policy.
  11. PHOTO AND VIDEO WAIVER: Each Winner hereby irrevocably assigns to Aeroflow Healthcare (hereafter referred to as “Producer”) the right to record their voice and likeness for use in a media production (the “Production”) that is tentatively titled “Pumping Room Makeover.” In assigning these rights, each Winner grants to Producer and its successors, assigns, and licensees the full and irrevocable right but not the obligation to produce, copy, distribute, exhibit and transmit Performer’s voice and likeness in connection with the Production by means of broadcast or cablecast, videotape, film or any other electronic or mechanical method now known or hereafter invented, in perpetuity and throughout the universe. Performer acknowledges that any picture or recording taken of Performer under the terms of this license will become the sole and exclusive property of Producer in perpetuity. Performer and Performer’s heirs and assigns shall have no right to bring legal action against Producer for any use of the pictures or recordings, regardless of whether such use is claimed to be defamatory or censorable in nature. Performer further acknowledges that Producer shall have the right to use Performer’s name, portrait, picture, voice and biographical information to promote or publicize the Production and to authorize others to do the same. However, nothing shall require Producer to use Performer’s name, voice or likeness in any of the manners described in this license or to exercise any of the rights set forth herein. Performer warrants and represents that he or she is free to enter into this license and that this agreement does not conflict with any existing contracts or agreements to which Performer is a party. Performer agrees to hold Producer and any third parties harmless from and against any and all claims, liabilities, losses or damages that may arise from the use of Performer’s voice or image in the Production. Performer understands that in proceeding with the Production, Producer will be relying upon the foregoing consent, permission and indemnity.
  12. RELEASE OF LIABILITY: By entering the Promotion, each entrant releases and discharges Sponsor and Administrator and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), and each Winner releases and discharges the Released Entities from any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any Prize. To the fullest extent permitted by law, each Prize Winner shall indemnify and hold harmless the Released Entities from any claims or damages for bodily injury, sickness, disease or death or from any claims for damage to tangible property. This indemnification shall extend to claims resulting from use of any Prize and shall apply only to the extent that the claim or loss is caused in whole or in part by any negligent act or omission of such Prize user or owner.
  13. DISCLAIMERS: (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s server or elsewhere, will not be eligible. (ii) Sponsors and/or Administrator, in their sole discretion, reserve the right to disqualify any person tampering with the entry process. Use of any automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsors and/or Administrator (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) The Released Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
  14. APPLICABLE LAWS AND JURISDICTION: This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the North Carolina. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in North Carolina. Should there be a conflict between the laws of the North Carolina and any other laws, the conflict will be resolved in favor of the laws of the North Carolina. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
  15. WINNER’S LIST: To obtain a copy of the winner’s list via mail, please mail your request, together with a self-addressed, stamped envelope, to: Aeroflow Breastpumps, ATTN: Marketing Department, 3165 Sweeten Creek Road, Asheville, NC 28803. Requests received after June 30, 2019 will not be honored

Please read this agreement carefully.  This Agreement contains a mandatory arbitration provision (Section 12) and provisions that govern how claims that you and we have against each other are resolved.  Specifically, the arbitration provision (with limited exceptions for those opting out or proceeding in small claims court) requires disputes between us to be submitted to binding and final arbitration on an individual basis, rather than jury trials or class actions. Read carefully, including your right, if applicable, to opt out of the arbitration provision (Section 12).

NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN. VOID WHERE PROHIBITED.

1)     CONTEST OVERVIEW. The Pumping Room Makeover Contest (“Contest”) begins on August 25, 2025 at 12:01 a.m. Eastern Time and ends on September 8, 2025 at 11:59 p.m. (the “Entry Period”). To enter, you (the “Nominator”) can nominate your place of work, gym, local library, etc (the “Nominee”) that has a dedicated pumping space which needs a makeover. The Nominator must provide a written statement containing no more than 100 words explaining why their Nominee needs a pumping room facelift. In addition, the Nominator must submit a current photograph of the Nominee’s pumping room.

2)     ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and District of Columbia who are at least 18 years old or the age of majority in their jurisdiction as of the date of entry. Employees of Aeroflow, Inc. d/b/a Aeroflow Breastpumps,(“Sponsor” or “Aeroflow”)), its affiliates, subsidiaries and agencies (collectively, the “Sponsor Partners”) and members of their immediate family or persons living in the same household are not eligible to participate in the Contest. The Contest is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.

3)     HOW TO ENTER: During the Entry Period, visit  The Pumping Room Makeover and follow the on-screen entry instructions. The Nominator must fill in all required information and select a checkbox confirming that he/she has the right to submit the Nominee Photo and Statement and attest that his/her Nominee Photo and Statement complies with the Entry Requirements described in section 4; and select a checkbox agreeing to abide by these Official Rules and Sponsor’s Terms of Use. The Nominee should be an employer, other public space, business, or entity that the Nominator has visited, which has an existing space designated for pumping and breastfeeding, and which has given permission to be nominated in this Contest. All entries must be received during the Promotion Period. Limit one entry per eligible entrant. Entrants may not participate using multiple or false mailing addresses, business names, email addresses, IP addresses, identities, or accounts, nor shall entrants use any other device or artifice to submit information or to enter more than the permitted number of times. Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any entrant/entry at any time during or after the Entry Period. Without limiting the foregoing, entrant will be disqualified if Sponsor believes the entrant’s participation, or any element thereof, is not in the spirit of the Promotion or is ineligible or otherwise not compliant herewith, or if Sponsor believes awarding a prize will have a detrimental impact on Sponsor, this Contest or any element thereof, or any of Sponsor’s brands, products or services. Sponsor is not responsible for either lost, late, damaged, delayed, destroyed, postage-due, misdirected, stolen, illegible, or incomplete, entries or mail; or for electronic, network, computer/scanner failures, or malfunctions, or other technical, mechanical, electronic or human errors or failures of any kind in the receipt, transmission and/or processing of entries. Entries become the property of the Sponsor and will not be returned.

4)     ENTRY REQUIREMENTS AND CONTENT RESTRICTIONS. All entries must comply with the following requirements and restrictions:

a)      The Nominee must not submit content (including statements or photos) that violate a third party’s copyrights or trademark rights.

b)     The Nominee must have permission to submit the statement and photo from Nominee and the photo should not depict any individuals that have not granted permission to be featured.

c)      The photo or statement must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, vulgar, or extremism of any kind and must be otherwise fit for publication/posting/uploading, as determined by Aeroflow Breastpumps in its sole and absolute discretion.

d)      By submitting the Entry Information (including the Nominee Photo and Statement), each Nominator confirms the accuracy and veracity of the statements and information contained therein. 

Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor.

By entering this Contest, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to Aeroflow to use Nominator’s name, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.

5)     PRIZES, ODDS OF WINNING: The grand prize Pumping Room Makeover” (“Grand Prize”) which includes a room makeover and products chosen by Sponsor has a total approximate retail value (“ARV”) of $10,000. The Winner must allow employees and associates of Sponsor into their business for purposes of conducting the makeover, film, photography and audio capture. Five gift baskets (each a “Runner-Up Prize”), have a total approximate retail value of $250. No transfer, substitution or cash equivalent for the Prize (or prize component), except that Sponsor in its sole discretion may substitute the Prize or prize component of equal or greater value due to Prize unavailability for any reason. The odds of winning depend on the number of eligible entries received. Odds of winning are equal regardless of method of entry.

6)     JUDGING. The judging period will begin on September 9, 2025 at 12:01 AM ET and continue until October 8, 2025 at 11:59 PM ET (“Judging Period”). All entries will initially be  be judged by representatives of Aeroflow based on the following criteria:  1) quality of photo and entry statement ; 2) overall need demonstrated; and 3) originality (“Judging Criteria”) and the top ten Entries (“Semifinalist Entries”) will be submitted for judging to the Pumping Room Makeover Committee, (“Committee”), which shall consist of representatives of Aeroflow and Medela. The Committee shall judge the Semifinalist Entries based on the Judging Criteria and each member of the Committee shall vote for his or her top five Entries. The 5 Entries with the most votes will be considered potential finalists (“Potential Finalists”). The Nominators submitting the Entries of the Finalists will each receive the Runner-Up Prize, subject to verification of eligibility and compliance with these Official Rules.

7)     FINALIST NOTIFICATION: The Potential Finalists and corresponding Nominators will be notified by e-mail and/or telephone and will be required to answer a series of eligibility questions.  Upon notification, the Potential Finalists must confirm they have a designated space for pumping and breastfeeding and to agree to a makeover and promotion of that space. If any Potential Finalist cannot be contacted, does not respond within three (3) business days from the date the Sponsor first tries to notify them, such potential winner and corresponding Nominator will forfeit the opportunity to become a Finalist.  

The finalists’ Entries will be posted to the contest site on September 24, 2025.  Public voting will be open from September 24, 2025 at 12:01 AM ET through October 8, 2025 at 11:59 PM ET.  The Entry receiving the highest number of votes will be considered the winning Entry for the Grand Prize, subject to written verification of eligibility and compliance with these Official Rules.

8)     WINNER NOTIFICATION: The potential Grand Prize winner and corresponding Nominator will be notified by e-mail and/or telephone. The potential winner will be required to sign and return an affidavit of eligibility, liability release and publicity release within seven days of the date notice is sent or such other date set by Sponsor. If the potential winner cannot be contacted, does not respond within three (3) business days from the date the Sponsor first tries to notify them, the prize notification is returned as undeliverable, the potential winner fails to execute the required documents within the time limit or the potential winner fails to satisfy all eligibility requirements, such potential winner will forfeit the Prize and Sponsor may, but are not required to, select an alternate Prize winner from among all remaining eligible entries. The Sponsor will coordinate delivery of the Grand Prize to the Winner and the Runner-Up Prizes to the Nominators within one (1) to three (3) months from the date that the Winner satisfies the eligibility requirements and provides the documentation/information required pursuant to these Official Rules.

9)     PRIZE CONDITIONS: Sponsor reserves the right to substitute a Prize of the same or approximate retail value. No cash substitutions will be allowed. Each Prize is non-assignable and non-transferable. Any applicable federal, state or local taxes and any expenses or costs incurred in connection with or incidental to receipt or use of the Prize, including but not limited to taxes, tips, or any other service or item not specifically described in the Prize description above, are the sole responsibility of each Prize Winner, as applicable, and Sponsor shall not be responsible or liable for expenses or charges incurred by any Prize Winner in connection with the receipt or use of the Prize. The Prize shall be awarded “as is” with no guarantees or warranties, either express or implied. The Sponsor makes no representations or warranties in connection with the Contest or the Prize and EXPRESSLY DISCLAIM ALL WARRANTIES AND RIGHTS IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, to the maximum extent permitted by law. If the Prize Winner declines to accept the awarded Prize or is disqualified for failure to comply with the prize conditions set forth herein or these Official Rules, the selected winner will forfeit the Prize and Sponsor may, but is not required to, award the forfeited Prize to the runner-up. The Prize (or any portion thereof) awarded may differ from any depiction shown in any promotional materials in connection with the Contest. All prize details are in Sponsors’ sole discretion. Sponsor/Promotion Partner is not responsible and shall not be liable if any Prize is declined or undeliverable. Sponsor reserves the right to modify, suspend, extend or cancel the Contest (with or without notice) at any time in Sponsor’s sole discretion, and may, but is not required to, substitute another promotion in its place. Sponsor further reserves the right to amend or change these Official Rules at any time, in Sponsor’s sole discretion. Sponsor/ Promotion Partner shall not be responsible for any limitations that prevent any Prize Winner or the Prize Winner’s guest from accepting or using the awarded Prize. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of such parties (excepting compliance with applicable codes or regulations) or other force majeure events will not be considered a breach of these Official Rules.

10)  RELEASE OF LIABILITY: By entering the Promotion, each entrant releases and discharges Sponsor and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), and each Winner releases and discharges the Released Entities from any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any Prize. To the fullest extent permitted by law, each Prize Winner shall indemnify and hold harmless the Released Entities from any claims or damages for bodily injury, sickness, disease or death or from any claims for damage to tangible property. This indemnification shall extend to claims resulting from use of any Prize and shall apply only to the extent that the claim or loss is caused in whole or in part by any negligent act or omission of such Prize user or owner.

11)  DISCLAIMERS: (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s server or elsewhere, will not be eligible. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process. Use of any automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor  (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) The Released Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

12)   Binding Arbitration & Class Action Waiver Agreement — IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

a)      Mandatory Individual Arbitration of Disputes; No Class Actions. You and Sponsor agree that any and all disputes, claims or controversies directly or indirectly arising out of or relating to this Promotion (“Disputes”) shall be submitted to the American Arbitration Association (AAA), or its successor, for confidential, final, and binding arbitration to be resolved by a single arbitrator. As of August 4, 2025, information regarding AAA and its arbitration processes, rules, and procedures is available at the website: https://www.adr.org/. You and Sponsor further agree that the arbitration will take place on an individual basis, that class arbitrations and class actions are not permitted, and that you and Sponsor agree to give up the ability to participate in any class action. For avoidance of doubt, you and Sponsor are agreeing to give up the ability to bring a lawsuit in court (except small claims discussed below); and you and Sponsor are giving up the ability bring or participate in a class action in any form or forum, even if the Dispute is determined not to be subject to arbitration.

YOU UNDERSTAND THAT YOU ARE WAIVING ANY RIGHT YOU MIGHT OTHERWISE HAVE TO A TRIAL BEFORE A JUDGE OR JURY

      b)    Exceptions and Option to Opt Out.  The only exceptions to Section 10 are the following:

i)       You or Aeroflow may seek to resolve a Dispute in small claims court if it qualifies.

ii)      You may also opt out of arbitration entirely and litigate any Dispute individually if you provide us with a written notice, personally signed by you, of your decision to do so by certified mail to 3165 Sweeten Creek Rd, Asheville, North Carolina 28803-2115 within 30 days of the date that you first accepted any version of these Terms that contained an arbitration provision.

c)      Notice and Informal Resolution Required Before Initiating Arbitration. You and Sponsor agree that, prior to initiating an arbitration (i.e., before filing an arbitration demand with AAA), you and Aeroflow will attempt to negotiate an informal resolution of the Dispute.  To begin this process, you will send a detailed notice of your dispute (“Notice”) by certified mail to 3165 Sweeten Creek Rd, Asheville, North Carolina 28803-2115.  The Notice must contain all of the following information:  (1) your full name, address, and the email address associated with your account (if you have an account); (2) the facts giving rise to the Dispute and, if you are represented by counsel, the legal basis for the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Aeroflow to disclose information about you to your attorney.  Aeroflow will likewise identify itself and provide the information in (2)-(4) in any Notice we send you. Any Notice sent to you from Aeroflow will be sent to the address provided in the entry.

After receipt of a Notice, you and Aeroflow shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”).  During the Informal Dispute Resolution Period, neither you nor Aeroflow may initiate an arbitration, and applicable statute of limitations shall be tolled during the Informal Dispute Resolution Period.

As part of this Informal Dispute Resolution Period, you and Aeroflow agree to participate in a telephone settlement conference between you personally (along with your counsel, if you are represented) and Aeroflow, if such conference is requested by either you or Aeroflow. If such conference is requested, you and Aeroflow agree not to initiate an arbitration until the conference has occurred in accordance with this provision.

d)     Initiating Arbitration and Arbitration Rules. If the above conditions precedent to arbitration are satisfied and you or Aeroflow initiate arbitration (i.e., file an arbitration demand), the arbitration shall be administered by the American Arbitration Association (AAA) in accordance with the AAA Consumer Arbitration Rules and the AAA Mass Arbitration Supplementary Rules (the “AAA Rules”), available at https://www.adr.org/. The AAA arbitrator shall resolve the Dispute and is empowered with the exclusive authority to do so, except that any dispute relating to the interpretation, applicability, scope, or enforceability of these terms or the formation of this agreement and the Terms & Conditions, including the arbitrability of any dispute and any contention that all or any part of this agreement is unconscionable, void, or voidable, shall be resolved in court. Any dispute as to whether the party initiating arbitration has complied with the conditions precedent to arbitration set forth in Section 10(d) above also shall be resolved in court.

Any demand for arbitration filed with AAA must include a certification that the demand complies with the notification and initial dispute resolution requirements set out in Section 10(d) above and Federal Rule of Civil Procedure 11(b)(1)-(4).

You and Aeroflow agree that the U.S. Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 10, and that any arbitration conducted pursuant to the terms of this agreement shall be governed by the U.S. Federal Arbitration Act. The party that prevails in the arbitration shall be entitled to recover from the other party all reasonable attorneys’ fees, costs and expenses incurred by the prevailing party in connection with the arbitration; except that this provision shall not apply if I live in California.

The arbitrator may consider but will not be bound by rulings in other arbitrations where you and we were not both parties. Any arbitration award and judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.

Upon initiating the arbitration in accordance with the AAA Rules, you must send a copy of the Demand for Arbitration via certified U.S. Mail to 3165 Sweeten Creek Rd, Asheville, North Carolina 28803-2115.  Any Notice sent by Aeroflow will be sent to the address associated with your account or most recent purchase of an Aeroflow product or service. 

e)     Severability. If any portion of this Section 10 is found to be void, invalid, or otherwise unenforceable, then the remaining portions shall nevertheless remain in force with the following exception.  If a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision (in Section 10(a)), and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.

13)  CHOICE OF LAW AND VENUE. The formation, existence, construction, performance, and validity of this agreement shall be governed by the laws of the State of North Carolina and the United States, without reference to choice or conflict of law principles. You agree that, for any disputes or issues not subject to arbitration (including because of your exercise of the opt-out right specified in Section 10 above or because an issue is for the court, not the arbitrator, to resolve) or that have been determined by a court of law or an arbitrator as not being subject to arbitration and are not brought in small claims court, this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of North Carolina and any such dispute must be brought in a state or federal court located in the Western District of North Carolina, United States District Court. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

As detailed above, however, no such dispute may be brought on a class or representative basis.

14)  PRIVACY. Information submitted with an entry is subject to the Privacy Policy stated on Aeroflowbreastpumps.com read the Privacy Policy, click here.

15)  WINNER’S LIST: To obtain a copy of the winner’s list via mail, please mail your request, together with a self-addressed, stamped envelope, to: Aeroflow Breastpumps, ATTN: Marketing Department, 3165 Sweeten Creek Road, Asheville, NC 28803. Requests received after December 31, 2025 will not be honored.