SQUISHMALLOWS® TRADING CARD SWEEPSTAKES
Welcome to squishmallows.com/sweeps, the webpage dedicated to explaining the official rules for the Squishmallows® Trading Card Sweepstakes (the “Sweepstakes Site”).
MANY WILL ENTER, FEW WILL WIN.
NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE.
A PURCHASE OR PAYMENT DOES NOT INCREASE THE CHANCES OF WINNING.
This sweepstakes promotion (the “Sweepstakes”) shall be subject to these official rules (the “Official Rules”), and by participating, or allowing a person below the age of majority to participate (as their parent or legal guardian), you agree that you and the person that you represent (collectively referred to herein as “you,” “your,” “entrant,” and “participant”) are bound by the terms and conditions herein.
Kelly Toys Is The Sponsor
The Sweepstakes sponsor is Kelly Toys Holdings, LLC, 4811 South Alameda Street, Los Angeles California 90058 (the “Sponsor”).
No Purchase Necessary
No purchase or payment of any kind is necessary to enter or win the Sweepstakes. A purchase will not improve your chances of winning.
The Sweepstakes starts at 12:00 am PST on October 1, 2021 and ends at 11:59 pm PST on October 1, 2022 (the “Entry Period.”).
NO PURCHASE IS NECESSARY. There are three ways to enter:
|Entry method 1
|Purchase a pack of Squishmallows trading cards in packaging that references the Sweepstakes (each such pack, a “Sweepstakes Pack”) from wherever Sweepstakes Packs are sold. There may be other Squishmallows trading cards available for purchase during the Entry Period, but only Sweepstakes Packs are part of the Sweepstakes.
|Entry method 2
(“Write-in Entry” or “Free Entry”):
|On a postcard or other card that is no smaller than 3½ x 5 inches and no larger than 4¼ x 6 inches, legibly handwrite: (1) your complete name, (2) your mailing address, (3) your phone number, and (4) your date of birth, and mail it with proper postage to:
Kelly Toys Holdings, LLC
Los Angeles California 90058
All Write-in Entries must be postmarked by October 1 2022 and received by November 1, 2022. There is a limit of 1 Free Entry per person. Persons who enter by Write-In Entry shall not also enter by Online Entry and vice versa. Write-in Entries that do not fully comply with these Write-in Entry rules will be considered invalid and disqualified.
Only you may enter on your behalf (and only on your behalf). Write-in Entries made for you by any other person or entity, or by any other method, including but not limited to commercial sweepstakes subscription notification and/or entering services will be declared invalid and disqualified from the Sweepstakes. The use of any device to automate the entry process is prohibited. If you are found to have submitted any unauthorized entry, all of your entries, including entries that would have otherwise been authorized, will be disqualified from the Sweepstakes.
|Entry method 3 (“Online Entry” or “Free Entry”):||Visit squishmallows.com/sweeps (the “Online Entry Page”) and enter your date of birth to confirm that you are at least 13. Complete all required fields on the Online Entry form and click submit. You will not be able to submit the Online Entry form unless and until all required fields have been completed.
All Online Entries must be submitted by October 1 2022. There is a limit of 1 Free Entry per person. Persons who enter by Online Entry shall not also enter by Write-In Entry and vice versa. Online Entries that do not fully comply with these Online Entry rules will be considered invalid and disqualified.
Only you may enter on your behalf (and only on your behalf). Online Entries made for you by any other person or entity, or by any other method, including but not limited to commercial sweepstakes subscription notification and/or entering services will be declared invalid and disqualified from the Sweepstakes. The use of any device to automate the entry process is prohibited. If you are found to have submitted any unauthorized entry, all of your entries, including entries that would have otherwise been authorized, will be disqualified from the Sweepstakes.
Write-In Entries and Online Entries are hereinafter referred to collectively as “Free Entries.”
To be eligible to win you must: (1) comply with the Official Rules, (2) be at least 13 years of age at the time of entry, and (3) be a legal U.S. resident within one of the 50 United States or District of Columbia at the time of entry (prizes will be mailed only to addresses within these eligible U.S. jurisdictions). However, the Sweepstakes is void in any jurisdiction where it is prohibited or restricted by law. All federal, state, and local laws, rules, and regulations apply.
Sponsor’s officers, directors, employees, contractors, agents, and any of their immediate family and/or household members are not eligible to enter or win.
By participating in the Sweepstakes, you fully and unconditionally agree to these Official Rules, and the Sponsor’s interpretations of, and decisions concerning, these Official Rules.
False, fraudulent, or deceptive entries or acts shall render entrants ineligible.
Winners will be eligible to receive one (1) Squishmallows® plush toy, which has an approximate retail value of $14.99 (the “Prize”). At least 251 Prizes will be available in the Sweepstakes. 250 Prizes will be available to Purchase Entry participants, and at least 1 Prize will be available to Free Entry participants.
ALL PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE AND NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
If by reason of a printing, typographical, or other error, more than 250 Prizes are claimed by Purchase Entries, then all persons making purportedly valid claims will be included in a computer generated random drawing to award the 250 Prizes available for Purchase Entry participants. Subject to the below-described procedure for ensuring that the odds of winning with a Free Entry remain at least as good as the odds of winning with a Purchase Entry, no more than 251 Prizes will be awarded in the Sweepstakes.
Prizes will be shipped to the winner at the expense of the Sponsor.
Winner Selection, Claiming Your Prize, Odds of Winning
Winning by Purchase Entry. There are 2.5 million Sweepstakes Packs. 250 of the Sweepstakes Packs contain a “Founder Redemption Card.” Each Founder Redemption Card is marked with a unique code. Each eligible person who presents one of these unique Founder Redemption Cards to Sponsor within the Entry Period in the manner specified herein will be deemed a winner. The odds of getting a Founder Redemption Card are approximately 1 in 10,000. To claim your prize, you must visit squishmallows.com/sweeps and enter your date of birth to confirm that you are at least 13. You must then complete all required fields on the “Winners Claim” form and click submit. You will not be able to submit the Winners Claim form unless and until all required fields have been completed. Some information that will be requested and may be required for completing the Winners Claim form will be your complete name, your email address, an alternative email address, your mailing address, your phone number, your date of birth, where you purchased the winning Sweepstakes Pack (city and state), and, of course, the unique code on your Founder Redemption Card. Sponsor will contact you regarding Prize fulfillment using the contact information that you provide.
Winning by Free Entry. At least 1 additional winner will be randomly selected from the pool of eligible Free Entries. This winner will be selected by a computer generated random drawing within approximately 7 days of the Entry Period ending. The odds of winning are determined by the number of eligible Free Entries received. If the pool of eligible Free Entries exceeds 10,000, a second winner will be selected to ensure that the odds of winning by Free Entry are at least as good as the odds of winning by Purchase Entry. The Free Entry winner(s) will be notified within approximately 7 days of the date of the drawing. For notification purposes, Sponsor will seek to contact you using the information you provided in your entry.
Potential winners are subject to verification of eligibility and compliance with these Official Rules. Purchase Entry winners may also be required to send their Founder Redemption Card to Sponsor for verification. Winners (or their parent or legal guardian) may be required to sign and return a notarized Affidavit of Eligibility and Release of Liability (except where prohibited) and any other documents requested by Sponsor within 30 days of Sponsor requesting same. Winners have 2 months from the time the Sponsor first contacts them regarding their win to claim the Prize. Any winner’s failure to respond to notifications, timely return all required forms, or comply with any other provisions required by Sponsor may result in the winner being disqualified. If a notification goes unanswered, or a Prize is returned as undeliverable, for any reason, or if a Prize is not accepted by the winner, the Prize will be awarded to an alternate winner. Alternate winners will be selected from the pool of eligible Free Entries by a computer generated random drawing. Prizes are not transferable, assignable, or redeemable for cash, except that Sponsor reserves the right to provide a substitute Prize of equal or greater value in case of unavailability or force majeure. Sponsor shall not be held responsible for any delays in awarding the Prize for any reason. All federal, state, and local tax liabilities are the responsibility of the winner.
Limitation of Liability
By participating in the Sweepstakes, you:
(1) release and hold harmless Sponsor, its affiliates, subsidiaries, parent corporations, representatives, legal counsel, advertising, PR, and promotional agencies, and all of its and their officers, directors, shareholders, members, partners, employees, contractors, agents, and assigns (collectively the “Releasees”) for any and all injuries, and
(2) waive any and all claims you may have against Releasees for damages, losses, costs, or expenses of any kind, including but not limited to attorneys’ fees,
resulting from your attempted or actual participation in the Sweepstakes.
If for any reason, the Sweepstakes is not capable of running as planned, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or any portion thereof.
If for any reason, the Sweepstakes is not capable of running as planned, or if the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any person implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is canceled, Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect Free Entries received prior to the time of the action or event warranting such cancelation. If such cancelation, termination, modification, or suspension occurs, notification will be posted on the Sweepstakes Site. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
The Releasees are not responsible for: any incorrect or inaccurate entry information; human errors; mail delivery delays or failures; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software; inability to access the Sweepstakes Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
Right of Publicity and Intellectual Property Waiver
All Write-in Entries and any other document or thing that you submit to Sponsor in connection with your entry and participation in the Sweepstakes becomes the property of the Sponsor and will not be acknowledged or returned. You hereby irrevocably grant the Releasees the right to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use anything you submit in connection with your entry and participation in the Sweepstakes, including but not limited to your name, image, likeness, appearance, social media names and handles and profiles, and other personal characteristics, and all materials created by or on behalf of Releasees that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including without limitation electronic, magnetic, and optical media, motion pictures, television broadcast, cablecast, and satellite, home video and video on demand, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Sponsor and its businesses, products, and services, without further consent from or royalty, payment, or compensation to you.
Sponsor shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to Sponsor your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve the Materials before they are used by Releasees, and that Releasees have no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from Releasees’ editing, alteration, or use of the Materials, or Releasees’ presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by Releasees in their sole discretion. Releasees have no obligation to create or use the Materials or to exercise any rights given by this waiver.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including without limitation intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from Releasees exercise of their rights under this waiver or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of Releasees or any other person, covenant not to make or bring any such claim against Releasees, and forever release and discharge Releasees from liability under such claims. You agree that to the fullest extent permitted by law, this waiver cannot be terminated, rescinded, or modified, in whole or in part under any circumstances.
EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, YOU AGREE THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD AT THE AAA REGIONAL OFFICE NEAREST TO YOUR ADDRESS, PROVIDED THAT YOU REMAIN IN THE UNITED STATES, AND OTHERWISE NEAREST TO SPONSOR; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; (3) THE LAW OF THE STATE OF NEW YORK SHALL OTHERWISE APPLY, WITHOUT REGARD TO ANY CONFLICT OF LAW RULES; AND (4) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS SWEEPSTAKES), AND YOUR FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. YOU AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR RELEASEE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN 1 YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
By entering the Sweepstakes, and only to the extent that a duly authorized court determines that arbitration is unavailable (which should not be the case), you hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
Communications and Privacy Rights
For an official list of winners, send a self-addressed, stamped, envelope to:
Kelly Toys Holdings, LLC
Squishmallows Trading Card Sweepstakes
4811 South Alameda Street
Los Angeles California 90058
Vermont residents may omit return postage. Winner list requests must be received by no later than December 31, 2022.