SQUISHMALLOWS 500K INSTAGRAM FOLLOWERS SWEEPSTAKES (“Promotion”)
Jazwares, LLC and Kelly Toys Holdings, LLC – Official Terms and Conditions
1. No Purchase Necessary to Enter. Void Where Prohibited. This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram.
2. Eligibility: Promotion is open to all individuals that are (i) at least 13 years old, (ii) are legal residents of the United States, United Kingdom, and Canada (excluding Quebec) who are physically located and residing therein, and (iii) have a valid account on Instagram, each an entrant (each an “Entrant”). Each Entrant must be the rightful owner (or have authorized use) of a registered Instagram account. 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 the platform’s terms and conditions. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the applicable Instagram account was opened. If an Entrant is over 13 but under the age of majority in their jurisdiction, their parent or legal guardian must read and accept these Official Rules on their behalf. Parents and legal guardians are responsible for the acts of their minor children who participate in the Promotion, whether or not the parent or guardian has authorized such participation.
JAZWARES, LLC and KELLY TOYS HOLDINGS, LLC (“Sponsor”) its respective affiliates, subsidiaries, advertising, promotion and fulfillment agencies, legal advisors, or other parties in any way involved in the development, production, or distribution of the Promotion, and their respective agents, subsidiaries, affiliates, directors, officers, consultants, employees, contractors, and representatives, and each of their immediate family members (e.g. spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same household of each, whether or not related, are not eligible to enter or win a prize. SWEEPSTAKES IS VOID IN OTHER MARKETS OUTSIDE OF THOSE MENTIONED IN THE ABOVE PARAGRAPH.
By entering the Promotion, Entrants confirm that they meet the eligibility requirements above and will be legally bound by these terms and conditions (“Terms”), as well as the general Terms and Conditions applicable to Sponsor’s sites and services, available at https://www.jazwares.com/terms-and-conditions. It will be Sponsor’s sole decision as to whether any eligibility requirement has or has not been met and may require evidence or confirmation from Entrants before awarding prizes.
3. How to Enter: To enter the Promotion, to which these Terms apply, Entrants must complete all of the following (each an “Entry”):
- Follow the @Squishmallows Instagram page, located at https://www.instagram.com/squishmallows/?hl=en
2. Tag three (3) additional Instagram accounts in the comment section of the Instagram Post.
YOU DO NOT NEED TO PAY TO ENTER THE SWEEPSTAKES.
Only one entry per person, household, and/or email address is permitted.
Sponsor assumes no responsibility for late, delayed, incomplete, illegible, or non-compliant entries. The sweepstakes will run from November 29, 2021 at 9:00am Pacific Time until December 02, 2021 11:59pm Pacific Time (“Promotion Period”).
4. Selection of Winners: Prize winners will be selected at random from all eligible entries received at the end of the Promotion Period, 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 odds of winning a prize depend on the total number of eligible entries received. For residents of Canada, prior to being declared the winner, the selected entrant must answer, unaided, a skill testing question to be administered by email.
5. Prize. Five (5) winner: Five (5) prize winners, each to receive: (1) Mystery Box (ARV: $44.99 – $49.99 USD). All income taxes resulting from acceptance of the prize are the responsibility of the winner. No substitution or transfer of prize permitted by the winner. Sponsor, in its sole discretion, reserves the right to substitute a prize of equal or greater value. Allow four (4) weeks for delivery of prizes.
6. Notification of Winner: Winner will be selected and notified via a direct message on the Instagram account used for entry on or before December 7, 2021. If notification is returned or the winner does not respond and/or complete eligibility affidavit and publicity and liability release within 24 hours of notice, the prize may be forfeited and Sponsor will choose another winner. All timekeeping and other decisions of Sponsor are in Sponsor’s sole discretion and are final and binding. Sponsor is not responsible for late, lost, or misdirected notifications.
Except where prohibited under applicable law, the winners (or in the case of a winner who is a minor, the winner’s parent or legal guardian) will be required to sign an eligibility affidavit, publicity and liability release, which will allow Sponsor to use winner’s name, biographical information, picture, portrait, voice and/or likeness, for advertising, trade, or promotion of the sweepstakes and the Sponsor’s business and own and use without further compensation or consideration in any and all media throughout the world, unless prohibited by law. In the event a winner does not meet the eligibility requirements, Sponsor, in its sole discretion may elect to have the prize awarded forfeited and choose another winner.
In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the email account specified in the Entry. “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.
7. Conditions of Participation: By participating in the Promotion, each Entrant agrees to release and hold Sponsor and its respective affiliates, subsidiaries, advertising, promotion and fulfillment agencies, legal advisors, or other parties in any way involved in the development, production, or distribution of the Promotion , their respective agents, subsidiaries, affiliates, directors, officers, consultants, employees and representatives, harmless from any and all losses, damages, rights, claims and actions in any kind in connection with the Promotion or resulting from acceptance, possession, or use of any prize to the greatest extent permitted by applicable law in your jurisdiction.
All winners must comply with applicable law, in connection with any public communications related to Sponsor and/or the Promotion.
As far as legally permitted, Sponsor, its agents, parent company, subsidiaries, affiliates, directors, officers, consultants, employees and representatives are not responsible for (i) any condition caused by events beyond their control that may cause the Promotion to be disrupted or corrupted; (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 Promotion (except where caused by their negligence); or (iii) any printing or typographical errors in any materials associated with the Promotion. Entrants’ statutory rights are not affected.
8. License: By entering the Promotion, all Entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Sponsor to reproduce, distribute, display and create derivative works of the Entries (along with a name credit) in connection with the Promotion and in any media now or hereafter known. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the Entrant’s “moral rights” in their Entries. Display or publication of any Entry on Sponsor’s website does not indicate the Entrant will be selected as a winner. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, any further publicity required of a winner by Sponsor shall be conducted at the winner’s sole discretion.
9. Governing Law: These Terms are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of Florida (and United States federal law to the extent applicable), irrespective of the domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. As a consumer, each participant that is resident in the UK or any Member State of the European Union will benefit from any mandatory provisions of the law of the country in which he or she is resident and nothing in these terms and conditions, including the paragraph above, affects such participants’ rights as a consumer to rely on such mandatory provisions of local law.
10. Disclaimers and Limitation of Liability:
(a) Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or 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.
(b) 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 PROMOTION, 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.
11. 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 Promotion, 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 Promotion or acceptance or use of a prize or parts thereof, including without limitation (i) any third party claims made in connection with your Entries, or any representations and warranties made by you in connection with your Entries; 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 Promotion.
12. Winner’s List: For a list of prize winners, send an email message to [email protected]ows.zendesk.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.
SPONSOR: Jazwares, LLC, 963 Shotgun Road, Sunrise, FL 33326
Kelly Toys Holdings, LLC , 4811 S Alameda St. Los Angeles, CA, 90058.