THE SPONSOR SOCIAL MEDIA SWEEPSTAKES TERMS
THESE SOCIAL MEDIA SWEEPSTAKES TERMS APPLY TO ALL THE SPONSOR SWEEPSTAKES TO WHICH THEY ARE LINKED. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST 18 YEAR OLD OR OLDER TO ENTER.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRIES. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF.
SWEEPSTAKES ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER OR INSTAGRAM.
1. Eligibility. The Sponsor Social Media Weekly Sweepstakes (the “Sweepstakes”) is open only to legal residents who are physically located in one (1) of the fifty (50) United States, Canada or the District of Columbia, who are at least eighteen (18) years of age or older at the time of entry. Employees, directors and officers of Mayborn USA, Inc. (“Sponsor”), their parent Jackel International, their affiliates, subsidiaries, advertising/promotion agencies, and distributors (collectively, the “Sweepstakes Entities”), and their immediate family members or those living in the same household are not eligible to enter or win. The Sponsor reserves the right not to award a prize and to select an alternative winner if the Sponsor is aware that a winner is not eligible. By entering the Sweepstakes, you confirm that all information submitted by you is accurate. Void where prohibited by law.
2. How to Enter. The opening and closing dates and times for each Sweepstakes Drawing will be announced on the Social Media Pages (defined below) with drawings taking place within fourteen (14) days of the closing date. Specific details of how to enter will be set forth in the calls to action posted on the Sponsor’s Tommee Tippee Facebook page at www.facebook.com/tommeetippeenorthamerica (the “Facebook Page”), Twitter page at www.twitter.com/tommeetippee_na (the “Twitter Page”) and/or Instagram page at www.instagram.com/tommeetippee_na (the “Instagram Page”) to which these Sweepstakes Terms are linked, collectively the “Social Media Pages,” the “Entry Period.”
By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Sweepstakes Terms, the terms set forth on the applicable Social Media Page posts (collectively, the “Official Rules”) and the decisions of Sponsor, including the interpretation of the Official Rules, which will be final. The method of entry for each Sweepstakes will be as set forth on the Social Media Pages. A product purchase is not required to enter or win, nor will a purchase enhance your chances of winning.
3. Winner Selection and Prize Claiming.The potential winner of a Competition will be selected through a random drawing on the date(s) specified on the Social Media Page(s), from all eligible entries received in accordance with the Official Rules. Decisions of the Sponsor as to the selection of the winner will be final. Potential winners will be notified via Social Media Page private message, email, or as set forth in the Official Rules. The Sweepstakes Entities are not responsible for inaccurate contact information you provide. Notification of winning is deemed to have occurred immediately upon sending of message through the social media platform by which entry was submitted, an e-mail, or placing of a phone call.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return same within the time period specified at notification before being eligible to receive his or her prize.
4. Odds. Odds of winning will depend upon the total number of eligible entries received.
5. Prizes and Values. The prize for each Sweepstakes Drawing will be as announced on the Social Media Pages, along with the dates and times of each Sweepstakes Drawing.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Sweepstakes Terms will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change. If Sponsor is unable to provide the winner with their prize, the Sponsor may elect, to provide winners with an alternate prize. All prizes are awarded “AS IS” and without warranty of any kind, express or implied. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive. The value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting. An IRS Form 1099 may be issued in the name of winner, or if a minor, in the name of entrant’s parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited.
6. Publicity Release. Subject to applicable law, winner irrevocably grants the Sweepstakes Entities and each of their licensees, the right and permission to use their name, likeness, town or city of residence and/or other biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. Entrants agree not to issue any publicity concerning the Sweepstakes Entities. If an entry to the Competition includes a photograph (the “Photo”), you consent to and grant the Sponsor a license to copy and use the Photo in any and all media now known or hereinafter developed. You also hereby confirm that you have the right to give such consent with respect to any person appearing in said Photo. The entrant (and if entrant is a minor, the entrants guardian on behalf of the entrant) (a) hereby grants the Sponsor in perpetuity, a world-wide, royalty-free, non-exclusive license in the copyright of the Photo, and all copyright and similar rights subsisting in the Photo, in any part of the world, to which the entrant is, or may become, entitled; (b) hereby grants the Sponsor the right and license to publish, display, reproduce, modify, edit or otherwise use the Photo (i) in any format or media; (ii); in any advertising or marketing relating to the Competition or the prizes; and/or (iv) in any other way the Sponsor sees fit at its discretion; and (c) waives all moral rights in and to the Photo in favor of the Sponsor and anyone authorized by the Sponsor to reproduce or otherwise use the Photo. By entering the Competition the entrant understands that he/she will not be entitled to any compensation for any use of the Photo by the Sponsor.
7. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for entrants’ attempts to cheat the sweepstakes, circumvent the Official Rules, or otherwise interfere with the administration of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified from any and all existing and future sweepstakes. Sponsor will cooperate with authorities in connection with any violations of law. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Sweepstakes Terms, to be acting in an unsportsmanlike, obscene, immoral, disruptive manner, with the intent to annoy, abuse, threaten or harass any other person.
8. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by 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 or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize.
9. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities, Facebook, Instagram and Twitter from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize. Entrants agree that Sweepstakes Entities have neither made nor will be in any manner responsible or liable for any warranty express or implied in connection with the Sweepstakes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Sweepstakes Entities shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of a computer online system or equipment, even if caused by the negligence of the Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. Entrants further agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to Sponsor or third parties for the purpose of administering this Sweepstakes and comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. In the event of a dispute over the identity of an online entrant, entry may be deemed submitted by the registered account holder of the e-mail address or social media user identification (“UserID”) associated with the entry provided that person is eligible. Winner may be required to show proof of being the registered account holder. If a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. The Sweepstakes Entities are not responsible for undeliverable electronic communications.
11. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Binding Arbitration, with No Class Relief. To the fullest extent permissible by law, with the exception of disputes pertaining to the Sponsor’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Sponsor arising under the Official Rules (“Dispute”), shall be referred to and finally resolved through binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Massachusetts state or federal court with substantial experience social media promotions and shall follow Massachusetts substantive law in adjudicating the dispute, except that this clause 12 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this clause 12 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county where the Sponsor maintains its headquarters and the Sponsor will pay for the claimant’s travel, or wherever the claimant is located. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
13. List of Sweepstakes Winner(s)/Official Rules Requests. To receive a list of winner(s), send a stamped self-addressed envelope to: “Tommee Tippee Social Media Sweepstakes Winners List”, Mayborn USA Inc., 1 Edgewater Drive, Suite 109, Norwood MA 02062, (Attn: Head of Marketing). Please indicate which Sweepstakes winners list you are requesting. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “The the Sponsor Social Media Sweepstakes Official Rules”, Mayborn USA Inc., 1 Edgewater Drive, Suite 109, Norwood MA 02062, (Attn: Head of Marketing) prior to the end of the Entry Period. Please indicate which Sweepstakes Official Rules you are requesting. Vermont residents may omit return postage with Official Rules requests.
15. Sponsor. This Sweepstakes is sponsored by Mayborn USA Inc., whose principle office is at 1 Edgewater Drive, Suite 109, Norwood MA 02062. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, and Twitter. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes. By entering the Competition, you understand that you are providing your information to the Sponsor and not to Facebook, Instagram or Twitter. Please direct any questions or comments regarding the Competition to the Sponsor. Facebook and Instagram are registered trademarks of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc.