SCREEN FREE WEEK
SWEEPSTAKES OFFICIAL RULES
The following rules (the “Official Rules”) apply for the Tonies US, Inc. Screen Free Week Sweepstakes promotion
No purchase necessary. A purchase will not increase your chances of winning.
The Tonies US, Inc. Screen Free Week Sweepstakes promotion ("Sweepstakes") is subject to these Official Rules. Tonies US, Inc's decisions are final and binding on all matters relating to this Sweepstakes. Tonies US, Inc. reserves the right to cancel this Sweepstakes at any time without any obligation or prior notice to participants.
ELIGIBILITY. The Sweepstakes is open to all current residents of the United States, who are of the age of majority and a legal resident in their state of residence at the start of the Sweepstakes and have an internet connection ("Entrants"). The Sweepstakes sponsor is Tonies US, Inc., 3000 El Camino Real, Ste 200 Bldg 4, Palo Alto, CA 94306-2100, United States ("Tonies US, Inc"). Employees of Tonies US, Inc (and officers, directors, agents, and representatives thereof), advertising and promotion agencies and all other entities participating in the design, promotion, marketing, advertising, administration, or fulfillment of this Sweepstakes, and their immediate families, are ineligible to participate in the Sweepstakes. This Sweepstakes is void in U.S.-embargoed countries, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever prohibited or restricted by law; and is subject to all applicable federal, state and local laws.
SWEEPSTAKES PERIOD. Sweepstakes begins at 12:00 p.m. (all times are Eastern Time or "ET") on May 1, 2023 and ends at 11:59 p.m. on May 7, 2023 according to the computer time on Tonies US, Inc. 's server (the "Sweepstakes Period"). After the end of the Sweepstakes Period, Tonies US, Inc. will conduct one (1) random drawing ("Drawing") from all qualified entries received during the Sweepstakes Period.
HOW TO ENTER. Online entry only.
- Base Entry: You may enter the Sweepstakes as follows:
- Enter on Tonies US, Inc.’s website: Go to https://us.tonies.com and follow the online instructions to enter your email address and sign-up to receive promotional emails from Tonies US, Inc. and its partners. Signing up is free. Entrants must provide a valid and current email address; or
Enter by email: To enter via email without obligation, send an email to email@example.com with Tonies US, Inc. Screen Free Week Sweepstakes in the subject line, and including your name, mailing address, phone number, and email address in the body of the email.
By completing either (i) or (ii) above (the “Base Entry”), you will receive one (1) entry into the Sweepstakes.
- Bonus Entries: After completing the Base Entry, Entrants can accrue up to a maximum of three (3) additional entries into the Sweepstakes by completing any of following actions (each a “Bonus Entry”):
- Entrants can earn one (1) Bonus Entry for liking Tonies US, Inc.’s Sweepstakes announcement post on its official Instagram account page @tonies.us (the “Tonies US Sweepstakes Post”);
- Entrants can earn one (1) Bonus Entry by tagging three (3) unique friends on the Tonies US Sweepstakes Post; and
- Entrants can earn one (1) Bonus Entry by following all of the nine (9) “Prize Providers’ ” official Instagram accounts. The Prize Providers are as follows:
- Tonies (@tonies.us)
- Lily & River (@lilyandriver)
- Room (@woombikeusa)
- Micro Kickboard (@microkickboard)
- Follies (@playfollies)
- Loog Guitars (@loogguitars)
- Glo Pals (@glopals)
- The Baby Cubby (@thebabycubby)
- Magnatiles (@magnatiles
Entrant will not be eligible to receive a Bonus Entry into the Sweepstakes without completing the Base Entry. After the Base Entry is completed, Entrant may choose any of the three (3) Bonus Entry actions listed above and complete any of them to receive a Bonus Entry, up to the three (3) Bonus Entry maximum. Entrants are not required to complete any particular Bonus Entry action. For example, you can like the Tonies US Sweepstakes Post three times – How you choose accrue Bonus Entries is up to you!
Setting up an Instagram account is free. Your Instagram account must be public or you will not be able to participate or be eligible to win a prize. If you do not have an Instagram account, you can go to www.instagram.com and follow the links and instructions to create one, subject to Instagram’s terms and conditions.
Entry Limit: Maximum four (4) entries total during the Sweepstakes Period – one (1) Base Entry and three (3) Bonus Entries per person per email address per Instagram account is allowed for the Sweepstakes. No more than one (1) person may enter using the same Instagram account and you may not create multiple accounts using multiple identities to gain more than the entry limit.
Entries submitted must be received by the close of the Sweepstakes Period. Tonies US, Inc. and its agents are not responsible for lost, late, incomplete, void, misdirected, unreadable or unintelligible entries; such entries are void and will be disqualified. Only complete valid entries will be accepted. Persons discovered entering under several names will be disqualified. In participating in the Sweepstakes, Entrants may not violate any law. Tonies US, Inc. reserves the right to disqualify false entries or entries suspected of being false. Entries generated by a script, macro or other automated means will be disqualified. In the event of a dispute as to the identity of a Sweepstakes Entrant, the Entrant will be deemed to be the person in whose name the email account used by Entrant at the time of entry was opened. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Tonies US, Inc.'s satisfaction, the affected entry will be deemed ineligible. All entries submitted become the sole property of Tonies US, Inc. and will not be acknowledged or returned.
ODDS. Odds of winning depend on the total number of eligible entries received.
DRAWING AND NOTIFICATION. On or about May 8("Drawing Date"), one (1) Entrant will be selected at random by a representative of Tonies US, Inc. from all eligible entries received by the end of the Sweepstakes Period ("Selected Entrant"). The Selected Entrant will be notified by email. Selected Entrants must respond via e-mail within 72 hours of the date and time of attempted notification. Failure to respond timely to the notification will result in forfeiture of the prize. Upon prize forfeiture, no payment or other compensation will be made to the Selected Entrant. Tonies US, Inc. will not make multiple attempts to contact the Selected Entrant. Selected Entrant may also be sent a declaration of eligibility and liability and publicity release ("Release"). Confirmation of Selected Entrant as a winner is subject to verification of eligibility. The first and last name, social media handle, photograph and profile information of each Selected Entrant, may be published on Tonies US, Inc.'s marketing materials and on its website(s), including without limitation its social media sites. Unless restricted by law, in the event a Selected Entrant is sent a Release, Selected Entrant will be required to complete and return the Release within 72 hours of receipt of the Release. An alternate Selected Entrant may be randomly selected from among the remaining eligible entries if a Selected Entrant (i) cannot be reached or does not timely respond, (ii) fails to obtain all signatures on the Release and to return the documents within the time required pursuant to these Official Rules, or (iii) cannot accept or receive the prize for any reason. The Selected Entrant's entry and acceptance of the prize constitutes permission (except where prohibited) to use and edit his or her full name, photograph, likeness, statements, social media profile information, and city and state address (each, if true) for promotional and/or publicity purposes in any media, worldwide without further review, consent or additional compensation.
PRIZES. One (1) winner will receive:
One (1) "Tonies Screen Free Week Sweepstakes" prize (the “Prize Package”) which includes:
- One (1) Tonies $300 shop credit;
- One (1) Glo Pals $338 shop credit;
- One (1) Baby Cubby $300 shop credit
- One (1) Magnatiles $300 shop credit
- One (1) bike of choice from Woom (up to $699 value);
- One (1) Lily & River $300 shop credit;
- One (1) Loog Pro Acoustic guitar, one (1) Gig bag, one (1) strap, one (1) wall hanger, one (1) Loog Guitar School annual subscription, one (1) posted, and one (1) t-shirt ($308 value
- One (1) Micro Kickboard $300 shop credit;
- One (1) Follies $300 shop credit;
Total approximate retail value (“ARV”) of the Prize Package: $3,146 USD
The contents of Prize Package, models, colors and brands are subject to change, and are selected in Tonies US, Inc. and a Prize Provider's sole direction. Gift cards are subject to the issuer's terms and conditions. Selected Entrants are not entitled to any surplus between actual retail value of prize and stated ARV, and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize provided; however, Tonies US, Inc. reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. All prizes may be awarded in the form of voucher(s), coupon(s), and/or gift card(s) at Tonies US, Inc.’s sole discretion. Tonies US, Inc. will not replace any lost or stolen prizes or prize component(s) once in the possession or control of the actual Sweepstakes prize recipient. If the Selected Entrant is unable to participate in or accept a Sweepstakes prize or any portion thereof for any reason, Tonies US, Inc. shall have no further obligation to the Selected Entrant. No part of any prize is redeemable for cash, regardless of reason. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded. The prize will be delivered by U.S. Mail or overnight carrier (i.e., FEDEX, UPS), within Tonies US, Inc. or Tonies US, Inc.'sa Pprize Pprovider's sole discretion, to an address provided by the Selected Entrant. Prizes shall only be mailed to an address in the United States. Prizes are awarded "AS IS'' without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
GENERAL CONDITIONS. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Tonies US, Inc. and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Any portion of the Sweepstakes may be cancelled, suspended and/or modified, in whole or in part, if in Tonies US, Inc.'s opinion any fraud, technical failure or other factor beyond its control impairs the integrity or proper functioning of the Sweepstakes. Tonies US, Inc. reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Tonies US, Inc. website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Tonies US, Inc. reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed prizes will not be awarded. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of the Selected Entrant. Entrants may be issued an IRS Form 1099 for the ARV of any awarded prize. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, Tonies US, Inc. reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
LIMITATIONS OF LIABILITY. Selected Entrants agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities, Facebook, Twitter, Instagram and Pinterest, and each of their respective officers, directors, employees, representatives and agents (collectively "Releasees") from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in this Sweepstakes. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications, entries, responses or other correspondence. In the event Tonies US, Inc. is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Tonies US, Inc.'s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Tonies US, Inc. shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Tonies US, Inc. may (if possible) select the winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
DISPUTES. Disputes regarding these Official Rules and/or this Sweepstakes will be governed by the internal laws of the State of California. Decisions of Tonies US, Inc. are binding and final. In the event of a dispute as to any entry, the authorized account holder of the email address used to conduct a search will be deemed to be the entrant. NO CLAIMANT IN ANY DISPUTE INVOLVING TONIES US, INC. SHALL BE ENTITLED TO CLAIM OR OBTAIN SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL 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 TONIES US, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 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. Tonies US, Inc.'s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
PUBLICITY. Except where prohibited by law, the Selected Entrant's entry and acceptance of the prize constitutes permission for Tonies US, Inc. to use said Selected Entrant's full name, social media profile information, photograph, statements, and city and state address for promotional or advertising purposes in connection with these Sweepstakes on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation.
WINNERS LIST. For the name of the prize winner when available, send an email message to firstname.lastname@example.org with “Winners List” as the email subject and Tonies US, Inc. Screen Free Week Sweepstakes specified in the body of the email. Requests must be received within four (4) weeks of the end of the Sweepstakes Period.