NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF WINNING. MUST BE AT LEAST 18 YEARS OF AGE TO ENTER.
1. HOW TO ENTER: The Tollytots Toys Giveaways (collectively, the “Giveaway”) each begin at 7:00 am Central Time (“CT”) and end at 7:00 am CT for each of the following four (4) periods (each period, a “Giveaway Period”):
- Wednesday, November 6, 2013 – Thursday, November 7, 2013;
- Wednesday, December 11, 2013 – Thursday, December 12, 2013;
- Friday, December 13, 2013 – Saturday, December 14, 2013; and
- Wednesday, December 18, 2013 – Thursday, December 19, 2013
To enter, starting at the beginning of each Giveaway Period, visit the Tollytots page on Facebook (www.facebook.com/Tollytotstoys) and either “like” or post a comment in the discussion thread related to a photo of a featured Tollytots toy (each a “Featured Product”). (Entrant (as defined below) must be a member of Facebook in order to enter the Giveaway. There is no charge to become a member of Facebook.) Either a “like” or a comment in response to the Featured Product will constitute an entry into the Giveaway (an “Entry” or “Entries”), and Entrant may take both actions for a maximum of two (2) Entries per Giveaway Period (as defined below). The “like” or comment: 1) must be posted to the Featured Product’s specific discussion thread on the Tollytots Facebook page and will not be counted if posted on another discussion thread, and 2) must remain posted to the Featured Product’s specific discussion thread until the end of the respective Giveaway Period. Only one comment within each Featured Product discussion thread will qualify as an Entry. Additional comments will neither count as an additional Entry, nor increase an Entrant’s chance of winning. Failure to comply with these requirements will result in an Entry being void and ineligible.
There is a limit of two (2) Entries per Facebook account, per Giveaway Period. Entries must be received by 7:00 am CT on the last day of the respective Giveaway Period. Any use of automated, robotic, macro, programmed or similar quick-entry programs, methods or devices is prohibited. Attempts to exceed the maximum number of Entries permitted may result in disqualification. Sponsor (as defined below) will not correspond regarding receipt of Entries. All Entries submitted become the sole property of Sponsor and will not be returned.
2. ELIGIBILITY: To be eligible for prizes in the Giveaway, Entrant must, at the time of entry be (a) 18 years of age or older, (b) a member of Facebook, and (c) the authorized user of the Facebook account used for entry (“you” or the “Entrant”). The Giveaway is open only to legal residents of the United States of America and the District of Columbia, excluding its territories. The Giveaway is void where prohibited or restricted by law. Employees, officers, directors, representatives and agents of Tollytots Ltd. (“Sponsor”), and its parent companies, affiliates, and subsidiaries, and each of their respective parent companies, subsidiaries, and affiliates, promotional partners, licensors, licensees, retailers, franchisees, sales representatives and distributors of Sponsor, and their advertising and promotion agencies (collectively, together with Sponsor, “Giveaway Entities”), and members of their immediate families (parents, children, siblings, spouses, regardless of where they reside) and members of their households (whether related or not), are ineligible to participate in this Giveaway. Eligibility will be determined by Sponsor in its sole discretion.
3. DRAWING AND NOTIFICATION:
Prize Drawings: Sponsor will conduct electronic, randomized drawings for each Prize (each a “Prize Drawing”). Each Prize Drawing to select a Prize winner from amongst all eligible Entries received during each Giveaway Period will be conducted after 7:00 am CT on the last day of the Giveaway Period. Odds of winning a prize depend on the number of eligible Entries received.
Notification of potential winners will occur within 24 hours after each Prize Drawing, and the public announcement of each confirmed winner will be posted on the Tollytots page on Facebook (www.facebook.com/Tollytotstoys) on or about the Monday following each Giveaway Period. Each potential winner will be notified by telephone, email, mail or by delivery of the prize, at Sponsor’s sole discretion. If Sponsor tries to contact a potential winner via telephone and cannot engage in a live conversation with such potential winner within forty-eight (48) hours from the first notification attempt, or if Sponsor tries to contact a potential winner via email and cannot receive the information requested from such potential winner within forty-eight (48) hours from the email, then such potential winner may be disqualified and an alternate winner may be selected. Although Sponsor may, in its sole discretion, choose to leave a message or messages on a potential winner’s voicemail service or answering machine, such messages are solely to facilitate live contact within the forty-eight (48) hour period following the first attempt to contact and do not constitute a “live conversation” for purposes of these Official Rules. Each potential winner may be required to provide additional information or documents, including an affidavit of eligibility and a completed IRS W9 Form as may be requested by Sponsor. If a potential winner fails to provide the additional information, i.e. as applicable the W-9 Form, within the required time period, the prize will be forfeited, and in Sponsor’s sole discretion it may be awarded to an alternate. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.
Giveaway Prizes: Subject to the terms and conditions herein, a total of one (1) Entrant per each of the four (4) Giveaway Periods (for a total of four (4) Prize winners) will receive the corresponding Prize as follows:
- November 6-7 Prize: one (1) Daniel Tiger’s Neighborhood Imagination Treehouse (age 3+, Approximate Retail Value (“ARV”): U.S. $39.99);
- December 11-12 Prize: one (1) Disney Classics Friends Pooh Toddler (age 3+, ARV: U.S. $29.99);
- December 13-14 Prize: one (1) Disney Classics Friends Mickey Toddler Doll (age 3+, ARV: U.S. $29.99); and
- December 18-19 Prize: one (1) Disney Classics Friends Pooh Toddler Doll, and one (1) Disney Classics Friends Mickey Toddler Doll (age 3+, ARV: U.S. $59.98).
The ARV of all Giveaway Prizes to be awarded is U.S. $159.95. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. There is a limit of one (1) Prize per person/family/household for the combined Giveaway Periods. Any difference between actual market value and ARV will not be awarded.
Entrant acknowledges that the Giveaway Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize (or part of any prize), including, but not limited to, its quality, mechanical condition or fitness for a particular purpose, except as may be expressly stated by Sponsor in or on the packaging of any products it manufactures. All federal, state or other tax liabilities (including income taxes) arising from each prize awarded in this Giveaway will be the sole responsibility of each official winner. Costs and expenses associated with each prize that are not specifically identified in these Official Rules as included within each prize are the sole responsibility of each winner. All prizes will be awarded. Please allow 4 – 6 weeks for the delivery of prizes.
5. DISQUALIFICATION: If an Entrant or potential winner: (a) is deemed to be ineligible for this Giveaway; (b) fails to submit all required information and Entry Materials (as defined below); (c) fails to return any documents requested by Sponsor within the time indicated in the documents or in the accompanying communication; (d) makes any false statements in documents requested by Sponsor; (e) is subject to disqualification or is ineligible under any of the provisions of these Official Rules; or (f) otherwise fails to comply with each and every provision of these Official Rules, then such Entrant or potential winner may be disqualified in Sponsor’s sole discretion. If a prize or prize notification is returned as undeliverable, then the corresponding potential winner may also be subject to disqualification. In the event an Entrant or potential winner is deemed ineligible or is otherwise disqualified, then an alternate winner will be selected via a random drawing of remaining eligible Entrants.
6. PUBLICITY: Except to the extent prohibited by United States law, by participating in the Giveaway (or by parents/legal guardians allowing their minor to participate in the Giveaway), Entrant (and his/her parent/legal guardian if Entrant is a minor) agrees that: (a) at the time Entrant submits his/her Entry, Entrant owns, or has all rights necessary to use and submit, all elements of his/her Entry (including but not limited to any names, addresses [city and state], biographical information, likenesses, statements, voices, music, videos, photographs, drawings, artwork, writings, compositions, and all other information and material provided of the Entrant and each person appearing in or contributing to the Entry, collectively, “Entry Materials”); (b) upon submission Sponsor shall own the Entry and Entry Materials submitted by Entrant (including all elements thereof and all rights embodied therein); and (c) Sponsor and its designees may use, copy, publish, modify and publicly display all elements of Entrant’s Entry and Entry Materials, in whole or in part (including but not limited to the name, address [city and state], biographical information, likeness, statement, voice, music, videos, photograph, drawing, artwork, writings, compositions, and all other information and material provided of the Entrant and each person appearing in or contributing to the Entry), in any and all media either now or hereafter known, in perpetuity throughout the universe for all purposes (including but not limited to promotional and marketing purposes, and for advertising, publicizing and promoting Giveaway Entities’ products and services, and for use in connection with displays of quotes from Entrant’s Entry, if applicable), without notification and without attribution or compensation of any kind to Entrant, his/her parent/legal guardian (if Entrant is a minor) or any third party. Sponsor reserves all rights, including without limitation, the right to reproduce, alter, amend, edit, publish, modify, crop and use each Entry in connection with commercials, advertisements and promotions related to Sponsor, and/or the sales of Sponsor’s Giveaway products and services, the Giveaway and any other sweepstakes, contests or promotions sponsored by Sponsor Entities, in any and all media, now or hereafter known.
7. GIVEAWAY CONDITIONS & RELEASE OF LIABILITY: By participating in the Giveaway (or by parents/legal guardians allowing their minor to participate in the Giveaway), each person submitting an Entry (and his/her parent/legal guardian if Entrant is a minor) agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor, and by the decisions of Sponsor; (b) to participate in the Giveaway in full compliance with each and every provision of these Official Rules; (c) to waive any right to claim ambiguity in this Giveaway, the Official Rules or any other documents required by Sponsor; (d) to indemnify, defend and hold harmless the Giveaway Entities and Facebook, and their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Released Parties”) from any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to: (i) Entrant’s Entry in the Giveaway, including any use by Giveaway Entities of Entry/Entry Materials, (ii) any statement, action or failure to act by Entrant (or his/her parent/legal guardian if Entrant is a minor) during or in connection with Entrant’s participation in the Giveaway, and/or (iii) any breach or alleged breach of these Official Rules, or any misstatement on any documents required by Sponsor; and (e) not to sue and to hereby irrevocably and unconditionally release, waive and forever discharge the Released Parties, from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which Entrant (or his/her parents/legal guardians, successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from participation in the Giveaway or any Giveaway-related activity, the acceptance, possession, misuse or use of the prize(s) or the use of any of the rights granted herein (including, without limitation, the use and exploitation of all or any part of the Entry or Entry Materials.
Sponsor shall not be liable for failure to perform any of its obligations hereunder resulting directly or indirectly from or contributed to by any acts of God, acts of Entrant, acts of civil or military authority, terrorism or terrorist threats, fire, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, lack or inability to obtain materials, components, labor or fuel supplies, or other circumstances beyond Sponsor’s reasonable control, whether similar or dissimilar to the foregoing. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein.
9. LIMITATIONS OF LIABILITY: The Giveaway Entities are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Entries, whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications, or other types of malfunctions or interferences, and/or for Entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with this Giveaway, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Giveaway, the collection and processing of such Entries, the announcement of a prize or in any Giveaway-related materials.
10. TERMINATION/SUSPENSION/MODIFICATION OF GIVEAWAY: Sponsor may prohibit Entrant from participating in the Giveaway or winning a prize if, in Sponsor’s sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor’s representatives. If for any reason any portion of this Giveaway is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Giveaway, then Sponsor reserves the right at its sole discretion to terminate, modify or suspend the Giveaway and select the potential winner(s) via a random drawing from those eligible Entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit Entrant from participating in the Giveaway or winning a prize in this or any other promotion conducted by Sponsor if, in its sole discretion, it determines that said Entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any Entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY GIVEAWAY-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. DISPUTES: Except where prohibited, Entrant (or his/her parent/legal guardian if Entrant is a minor) agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state courts located in Los Angeles, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and he/she hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. RULES/WINNERS LIST: To view the Official Rules for this Giveaway, visit http://www.jakks.com/TollytotsToysGiveaways during the Giveaway Period. To receive a copy of these rules or winners list, send a business-sized, self-addressed, stamped envelope to: Tollytots Toys Giveaways, JAKKS Pacific, Inc., 22619 PCH, Malibu, CA 90265 so that it is received by no later than 30 days after the end of the Giveaway Period. Please specify “Tollytots Toys Giveaways Rules” or “Tollytots Toys Giveaways Winners List.” The return envelope must contain the requesting person’s full name and physical address. No post office box addresses or private mailbox addresses are permitted. Requests for rules and a winners list will not be honored unless the requests comply with the above requirements. Residents of Vermont may omit return postage.
13. SPONSOR: Tollytots Ltd., 22619 Pacific Coast Highway, Malibu, CA 90265. This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to Tollytots Ltd. and not to Facebook.
The information Entrants provide will only be used in accordance with the Official Rules of this Giveaway.
© 2013 Tollytots Ltd. All rights reserved.