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tonies® LeVar Burton Read to Your Child Contest

SWEEPSTAKES OFFICIAL RULES

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

NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.

The tonies® LeVar Burton Read to Your Child Contest (the “Contest”) begins on July 27th,

2021 at 10:00 am ET and ends on August 10th, 2021 at 11:59pm ET (the “Promotion Period”).

  1. Agreement to Official Rules. By entering or participating in the Contest, you accept and agree to be bound by these “Official Rules.”

  2. Eligibility. The Contest is open to legal residents of the U.S., eighteen (18) or older as of the date of entry, who have an active Instagram account and Internet access during the Promotion Period. 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 Contest.

  3. How to Enter. Entry deadline is August 10th, 2021 at 11:59pm ET. You may enter the Contest by recording a clip of you and your child or children reading your favorite story together, with or without the Toniebox or Creative-Tonies products (the “Activity”) and posting the video of the Activity on Instagram together with the required features:
    1. Follow @tonies.us and @levar.burton
    2. Tag @tonies.us, @levar.burton, and one of your Instagram friends in the post; and
    3. Include the following statement with the post: “I challenge [Insert the handle of the Instagram friend from (a) above] to join the #ReadToYourChild Challenge for an opportunity to win #toniebox Starter Sets for their school and a special LeVar Burton Storytime Visit! #ToniesContest”

      Use of a Tonies or Creative-Tonies product is not required for participation in the Contest and such use will not give your Submission an advantage in the judging. Please see Section 6 for information on the applicable judging criteria for the Contest.

      Note: Your Instagram account must be marked as public or you will not be able to participate or be eligible to win the 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.

      Subject to the terms and conditions of these Official Rules, each post that adheres to the requirements above will qualify as one (1) “Submission” into the Contest. There is no limit on the number of online entries per entrant during the entry period. Entrants submitting violating any of these Official Rules may be disqualified. By entering the Contest, you agree that your Submission is subject to the Instagram Terms of Use, such terms located at https://help.instagram.com/581066165581870.

  4. 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 contest or promotion sponsored by Sponsor or any third party; and (iii) is not obscene, lewd, profane, pornographic, disparaging, indecent, and does not describe illegal behavior. You also represent and warrant that prior to your entry into the Contest you have obtained all consents, releases and permissions necessary from all participants that appear or are otherwise identifiable in the Submission ( including, without limitation, any consents from the parents or legal guardians of any minors) to permit Sponsor to use the Submission as described in these Official Rules.
    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.

  5. Rights in Submissions Granted by You. By entering the Contest and/or making a Submission, you hereby grant (and grant on behalf of any other participants in the Activity) to Sponsor a non-exclusive, royalty-free, worldwide, perpetual, fully transferable, sub-licensable right and license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your Submission for any purpose, in whole or in part, in edited, altered or modified form, and in all media now known or hereinafter invented. You also agree your Submissions may or may not be reblogged, posted, shared on the Contest Website, included on the Sponsor’s website or otherwise used or licensed by Sponsor in Sponsor’s sole discretion, with no compensation or advance approval by you. By entering a Submission, you agree that Sponsor is not responsible for any unauthorized use of Submissions by third parties. You hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor, or any other person, on the grounds that use of your Submission as provided herein, infringes your rights as a creator of the Submission.

  6. Judgement of Submissions and Selection of the Winner. All qualified Submissions will be judged by a team of judges including LeVar Burton and representatives from Boxine US, Inc.. Submissions will be judged according to the following criteria:
    1. originality/creativity (50%);
    2. emotional appeal (sincerity) (30%); and
    3. technical skill (20%).

      The Entrant whose Submission earns the highest overall score across all criteria will win. The decisions of the judges will be final. If any ties must be broken to determine the winner, the judges will choose the tied submission that best represents the tonies brand and community values.

  7. Prizes. The winner will receive:
    1. a storytime visit to their child's school by LeVar Burton (to be scheduled with Mr. Burton for a mutually convenient date and time during the 2021-2022 school year); and
    2. a donation to the school of 25 Toniebox Starter Sets

      Mr. Burton’s storytime visit is for personal use only, has no commercial or retail value, and may not be transferred, sold, or assigned to another person. Each Toniebox Starter Set has an approximate retail value (“ARV”) of $99.99(US). The total Approximate retail value of the Toniebox Starter Sets is $2499.75 (US).

      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. Tonieboxes will be delivered at the time of LeVar’s visit if feasible. Otherwise, allow six (6) to eight (8) weeks for delivery of Toniebox Starter Sets once the school agrees to the visit.

  8. Notification of Winners. @tonies.us will notify the corresponding post winner via Instagram Direct Message by August 24th, 2021 at 11:59 PM ET. The winner will have 24 hours to respond to Sponsor’s Direct Message. Within seven (7) days of notification, Winners may be required to sign and return an affidavit of eligibility and publicity/liability release, and will be required to obtain written consent from their school to allow Mr. Burton’s visit (which may include filming and taking of photos of children during the event for Sponsor’s marketing and other purposes).

    If a selected winner does not respond within 24 hours to Sponsor’s Direct Message, fails to provide an affidavit of eligibility, publicity/liability release, and/or consent from their school, or otherwise cannot be contacted, is ineligible, fails to claim a prize, or provides incomplete or modified information, their 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.

  9. Disclaimers.
    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 CONTEST, 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.

  10. 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 Contest, 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 Contest 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 Contest, including without limitation your performance of the Activity for the Submission.

  11. Publicity. Except where prohibited, by participating in the Contest, you consent to the use of your name, photo and/or likeness, biographical information, and statements attributed to you as an entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, Instagram and Sponsor’s homepages at https://us.tonies.com, without additional compensation.

  12. Additional Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest in whole or in part, if in Sponsor’s opinion (a) the Contest 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, 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 (b) any other factors beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, 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.

  13. 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 Contest or these Official Rules must be brought in the federal or state courts located in either the federal or state courts located in the Northern District of California.

  14. 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 these Official Rules and Sponsor’s privacy policy at https://us.tonies.com/pages/privacy-policy.

  15. Winner’s List. For a list of prize winners, send an email message to socialusa@tonies.com with “Winner’s list” as the email subject and the Contest name specified in the body of the email. Requests must be received within four (4) weeks of the end of the Contest Period.

  16. Sponsor’s Address: 3000 El Camino Real, Ste 200 Bldg 4, Palo Alto, CA, 94306-2100

  17. Entire Agreement. These Official Rules constitute the entire and exclusive understanding and agreement between Sponsor and you regarding the Contest, and these Official Rules supersede and replace all prior oral or written understandings or agreements between Sponsor and you regarding the Contest. If any provision of these Official Rules is held invalid or unenforceable by an arbitrator or 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.