THESE TOMMEE TIPPEE INSTAGRAM sweepstake TERMS AND CONDITIONS APPLY TO THE SPONSOR SWEEPSTAKE 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 BE 18 YEARS 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.
THIS SWEEPSTAKE IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
1. Eligibility. The Tommee Tippee Instagram Sweepstake (the “Sweepstake”) is open only to legal residents who are physically located in one (1) of the fifty (50) United States, 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”),
its affiliates, subsidiaries, advertising/promotion agencies, and distributors (collectively, the “Sweepstake 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 Sweepstake, 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 the Sweepstake Drawing will be announced on the Sponsor’s Instagram Page (defined below) with the draw taking place within fourteen (14) days of the closing date. Specific details of how to enter will be set forth in the applicable post on the Sponsor’s Instagram page at www.instagram.com/tommeetippee_na (the “Instagram Page”) to which these Sweepstake Terms are linked, collectively the “Social Media Pages,” the “Entry Period.”
By participating in the Sweepstake, each entrant unconditionally accepts and agrees to comply with and abide by these Sweepstake Terms, the terms set forth on the applicable Instagram Page post (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 the Sweepstake will be as set forth on the Instagram Page.
3. Winner Selection and Prize Claiming. The winner(s) of the Sweepstake will be selected through a random drawing on the date specified on the Instagram Page, from all eligible entries received in accordance with the Official Rules. Decisions of the Sponsor as to the selection of the winner(s) will be final. The winner(s) will be notified via private message on Instagram, email, or as set forth in the Official Rules. The Sweepstake Entities are not responsible for inaccurate contact information you provide. Notification of winning is deemed to have occurred immediately upon sending of a message through the Instagram platform by which entry was submitted, an e-mail, or placing of a phone call.
The winner(s) 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.
5. Prizes and Values. The prizes for the Sweepstake will be as set out in the applicable post on Instagram, along with the date and time of the Sweepstake draw.
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 Sweepstake 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 the winner 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, the winner irrevocably grants the Sweepstake 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 Sweepstake, 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 Sweepstake Entities. If an entry to the Sweepstake includes a photograph (the “Photo”),
the entrant consents to and grants the Sponsor a license to copy and use the Photo in any and all media now known or hereinafter developed. The winner also hereby confirms that it has 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 Sweepstake 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 Sweepstake, 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 the Sweepstake. The Sweepstake Entities are not responsible for entrants’ attempts to cheat the sweepstake, circumvent the Official Rules, or otherwise interfere with the administration of the Sweepstake. Persons found tampering with or abusing any aspect of this Sweepstake, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified from any and all existing and future sweepstake. 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 Sweepstake 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 Sweepstake by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, 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 Sweepstake 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 Sweepstake or prize.
9. Waivers, Disclaimers and Releases. By participating in the Sweepstake, entrants agree to release, discharge and hold harmless the Sweepstake Entities and Instagram 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 Sweepstake and/or related to any prize. Entrants agree that the Sweepstake Entities have neither made nor will be in any manner responsible or liable for any warranty express or implied in connection with the Sweepstake, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Sweepstake 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 Sweepstake Entities. Each entrant further agrees to indemnify and hold harmless the Sweepstake Entities from and against any and all liability resulting or arising from the Sweepstake and to release all rights to bring any claim, action or proceeding against Sweepstake 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 Sweepstake Communications. As a condition of entering the Sweepstake, 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 Sweepstake 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 Sweepstake or on a Sweepstake 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 Sweepstake 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 Sweepstake Entities in connection with the Sweepstake will be governed by and construed in accordance with the internal laws of the State of New York, 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 SWEEPSTAKE, 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 Sweepstake Winner(s)/Official Rules Requests. To receive a list of winners, send a stamped self-addressed envelope to Mayborn USA, Inc., Sweepstake, 1010 Washington Boulevard, 11th Floor, Stamford, Connecticut 06910, USA (Attn: Head of Marketing). Please indicate which Sweepstake winners list you are requesting. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: 1010 Washington Boulevard, 11th Floor, Stamford, Connecticut 06910, USA Sweepstake (Attn: Head of Marketing) prior to the end of the Entry Period. Please indicate which Sweepstake Official Rules you are requesting. Vermont residents may omit return postage with Official Rules requests.
15. Sponsor. This Sweepstake is sponsored by Mayborn USA, Inc., whose principle office is at 1010 Washington Boulevard, 11th Floor, Stamford, Connecticut 06910, USA.. References 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 Sweepstake. By entering the Sweepstake, you understand that you are providing your information to the Sponsor and not to Instagram. Please direct any questions or comments regarding the Sweepstake to the Sponsor. Instagram is a registered trademark of Facebook, Inc.