NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
The tonies® 24 Hour Giveaway (the “Sweepstakes”) begins on November 18, 2020 at 12:00 AM EST and ends on November 19, 2020 at 12:00 AM EST (the “Promotion Period”).
- Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be bound by these “Official Rules.”
- Eligibility. The Sweepstakes is open to legal residents of the U.S., eighteen (18) years or older, as of the date of entry, who have Internet access. Employees of Sponsor and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes.
- How to Enter. Entry deadline is November 19, 2020 at 12:00 AM EST. During the Promotion Period, you may enter in the following ways:
- Follow “@tonies.us” on Instagram.
- Like the adhering giveaway post.
- For additional entries: Tag 3 friends in the adhering giveaway post’s comments.
No automatically generated entries will be accepted. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. Only one entry per person, household, and/or e-mail address is permitted, regardless of method of entry. Entrants submitting multiple entries or violating any of these Official Rules may be disqualified.
- Prize Drawing: All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing, to be held on or around one (1) day following the Promotion Period. The drawing will be conducted by a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding. The winners will be selected at random from among all eligible entries received.
- Prizes and Odds. The Prizes to be awarded from the Sweepstakes are as follows:
5 prize packages, each consisting of a Tonies Starter Set ($99.99 USD) and 1 Content Tonie ($14.99 USD).
Total ARV of all prizes to be awarded: $575 USD.
The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. You agree to provide Sponsor with any additional information and complete any required tax or other forms relating to your receipt of a Prize. Allow six (6) weeks for delivery of prizes.
1. Notification of Winners. Winners will be notified via Instagram DM provided within one (1) business day of the winner’s selection and may be required to sign and return an affidavit of eligibility and publicity/liability release within one (1) day of notification. Winner must provide a valid mailing address; P.O. Box addresses are ineligible. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible entries timely submitted
2. Disclaimers and Limitations on Liability
- Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
- IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE OFFICIAL RULES WILL NOT EXCEED $5.00. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
3. Indemnification. You agree to indemnify, defend and hold Sponsor and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Sweepstakes or acceptance or use of a prize or parts thereof, including without limitation (i) any third party claims made in connection with your entry, or any representations and warranties made by you in connection with your entry; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes.
4. Publicity. Except where prohibited, and subject to applicable law, by participating in the Sweepstakes, you consent to the use of your name, biographical information, statements attributed to you as an entrant (if true), as well as your photos and/or likenesses, for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, and Sponsor’s homepages at https://us.tonies.com, without additional compensation.
5. Additional Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes in whole or in part, if in Sponsor’s opinion (i) the Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsors’ control, or (ii) any other factors beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without liability to the entrants. Sponsor also reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion.
6. Governing Law and Choice of Forum. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in either the federal and state courts located in the Northern District of California.
8. Winner’s List, Official Rules. For a list of prize winners, send an email message to firstname.lastname@example.org with “Winner’s list” as the email subject and the Sweepstakes name specified in the body of the email. Requests must be received within one (1) day of the end of the Promotion Period.
9. Sponsor’s Address: 4251 Los Palos Ave, Palo Alto, CA 94306.
10. Entire Agreement. These Official Rules constitute the entire and exclusive understanding and agreement between Sponsor and you regarding the Sweepstakes, and these Official Rules supersede and replace all prior oral or written understandings or agreements between Sponsor and you regarding the Sweepstakes. If any provision of these Official Rules is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Official Rules will remain in full force and effect.