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tonies® + Wonderopolis Purple People Giveaway

SWEEPSTAKES OFFICIAL RULES

Sponsored by Boxine US, Inc. ("Sponsor").

NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

The Wonderopolis + tonies® Purple People Giveaway (the “Sweepstakes”) begins on October 6, 2020 at 12:00 AM EST and ends on October 13, 2020 at 11:59 PM EST (the “Promotion Period”).

EDIT October 12, 2020: The deadline for the Sweepstakes has been extended to October 19, 2020 at 11:59PM EST.

  1. Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be bound by these “Official Rules.”
  2. Eligibility. The Sweepstakes is open to legal residents of the U.S. other than in New York or Florida, who (i) are eighteen (18) years or older as of the date of entry, (ii) have Internet access, and (iii) are homeschoolers, or certified teachers or daycare professionals acting with the authorization of the organization which employs them. You are responsible for complying with any policies of your school/educational organization before entering. 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.
  3. How to Enter. During the Promotion Period, you may enter the Sweepstakes as follows:
    1. Visit the Giveaway homepage located at https://gleam.io/SAAoa/wonderopolis-tonies-purple-people-Sweepstakes (the “Sweepstakes Website”), complete the required fields, submit a story based on the prompt provided, and submit all the required materials via the website (a “Submission”); or
    2. Alternative Entry by Email. To enter via email without obligation, send an email to socialusa@tonies.com with “Wonderopolis + tonies Purple People Giveaway” in the subject line, and include your name and email address in the body of the email.

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.

  1. Submission Requirements.
    1. By entering a Submission, you represent and warrant that each Submission: (i) is your original creation and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy (“Intellectual Property Rights”), or violate any applicable law or regulation; (ii) has not been previously awarded a prize, or award during any other Sweepstakes or promotion sponsored by Sponsor or any third party; and (iii) is not obscene, lewd, profane, pornographic, disparaging, indecent and does not describe illegal or other inappropriate or dangerous behavior.
    2. If a Submission does not meet the criteria described in these Official Rules, Sponsor may disqualify and discard the Submission either immediately or at any time. By entering a Submission, you acknowledge that Sponsor may obtain other Submissions that are similar or identical in theme, format or other respects to that submitted by you. You acknowledge that Sponsor does not waive any rights to use ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant, which may be similar to your Submission. You also agree that Submissions may or may not be posted on the Sweepstakes Website or on the Sponsor’s website, in Sponsor’s sole discretion. By entering a Submission, you agree that Sponsor is not responsible for any unauthorized use of Submissions by third parties.
  2. Rights in Submissions Granted by You. You agree that all Submissions will be owned by Sponsor. As an entrant, you hereby irrevocably convey, transfer and assign and agree to irrevocably convey, transfer and assign to Sponsor: (i) all of your rights, title and interests in and with respect to any Submission that you submit to Sponsor in connection with the Sweepstakes and all Intellectual Property Rights therein; and (ii) to the extent assignable, any and all Moral Rights that you may have in or with respect to such Submission. You also hereby forever waive and agree never to assert any Moral Rights you may have in or with respect to any such Submissions. “Moral Rights” means any rights to claim authorship of a work, to object to or prevent the modification or destruction of a work, to withdraw from circulation or control the publication or distribution of a work, and any similar right, regardless of whether or not such right is denominated or generally referred to as a “moral right.” You also agree to assist Sponsor, at Sponsor’s expense, to perfect and enforce for Sponsor all Intellectual Property Rights and other legal protections for such Submissions, worldwide and to execute and to deliver any documents that Sponsor may reasonably request from you in connection with providing such assistance. You hereby appoint Sponsor as your attorney-in-fact to execute documents on your behalf for this purpose.
  3. 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) days 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.
  4. Prizes and Odds. The Prizes to be awarded from the Sweepstakes are as follows:
    1. 10 Tonies Class sets, consisting of 30 tonies® Limited-Edition Purple People Starter Sets (ARV of each Limited-Edition Purple People Starter Set $100 USD)
    2. 550 Individual Starter Sets for runners-up (ARV $100 USD)

Total ARV of all prizes to be awarded: $85,000 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 the email included on their Submission within six (6) business days of the winner’s selection and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. 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 Submissions timely submitted. In the event of a dispute regarding who submitted a Submission, the Submission will be deemed submitted by the authorized account holder of the email account specified in the Submission. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
  2. Disclaimers and Limitations on Liability
    1. Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or Submissions, 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.
    2. 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 Submissions, or any representations and warranties made by you in connection with your Submissions; 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, the school or organization where you work, 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. You also agree, subject to applicable law, to use commercially reasonable efforts to provide a photograph of your classroom upon Sponsor’s request if selected as a winner. You represent that you have the consent of the school or other organization where you work to be featured in said advertising or promotional materials and have obtained or will obtain the necessary consents from students or their parents/legal guardians for the purposes described in this section.
  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.
  7. Personal Information. Sponsor may collect personal data about entrants online, in accordance with its privacy policy and as may be more specifically set forth in these Official Rules. Please review Sponsor’s privacy policy at https://us.tonies.com/pages/privacy-policy.
  8. Winner’s List, Official Rules.  For a list of prize winners, send an email message to socialusa@tonies.com with “Winner’s list” as the email subject and the Sweepstakes name specified in the body of the email. Requests must be received within four (4) weeks 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.