Posted on by

PLAYMONSTER® TOUGH MUDDER TICKET GIVEAWAY SOCIAL SWEEPSTAKES

OFFICIAL RULES

FINAL

 

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET CONNECTION IS REQUIRED TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

  1. SWEEPSTAKES DESCRIPTION: THE “PLAYMONSTER® TOUGH MUDDER TICKET GIVEAWAY SOCIAL SWEEPSTAKES” (THE “SWEEPSTAKES”) IS GOVERNED BY THESE OFFICIAL RULES AND PROMOTES THE PLAYMONSTER PRODUCT KOOSH (THE “PRODUCTS”) AND THE TOUGH MUDDER EVENTS (THE “EVENTS”). MORE INFORMATION CAN BE FOUND FOR FREE ON THE PRODUCTS AT WWW.PLAYMONSTER.COM AND ON THE EVENTS AT WWW.TOUGHMUDDER.COM. THE SWEEPSTAKES WILL BE HOSTED ON THE SOCIAL MEDIA PAGES OF SELECT PLAYMONSTER SOCIAL MEDIA INFLUENCERS WITH EACH INFLUENCR CONDUCTING HIS OR HER OWN RANDOM DRAWING FROM AMONG ALL ELIGIBLE ENTRIES WHO RESPOND SPECIFICALLY TO THE SWEEPSTAKES POST ON THE INFLUENCER’S PAGE (DEFINED BELOW). THE PRIZE CONSISTS OF TICKETS TO AN IN-PERSON EVENT. WINNER MUST PROVIDE HIS OR HER OWN TRANSPORTATION FOR HIMSELF AND GUESTS TO AND FROM THE EVENT. DO NOT ENTER IF YOU DO NOT LIVE IN PROXIMITY TO ONE OF THE EVENTS AND ARE NOT ABLE TO PROVIDE YOUR OWN TRANSPORTATION.

 

  1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States & the District of Columbia, twenty-one (21) years old or older at the time of entry (the “Entrant”.)

 

All employees of PlayMonster LLC (“Sponsor”), OCR US Holdings, LLC dba Tough Mudder, Hasbro, Inc. and OddzOn, Inc. and their respective partners, parent companies, divisions, subsidiaries, affiliates, licensees, distributors, advertising, promotion and public relations agencies and social media influencer partners, and their respective officers, directors, employees, agents, independent contractors, and representatives (collectively, the “Sweepstakes Entities”) are not eligible to enter or win. Household Members and Immediate Family Members of the Sweepstakes Entities are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Sweepstakes is subject to all applicable federal, state and local laws and regulations.

 

  1. AGREEMENT TO RULES: By participating in the Sweepstakes, the Entrant or “You” agree to be fully and unconditionally bound by these Official Rules and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Sponsor as final and binding as it relates to the Sweepstakes in all respects. By holding an account with Instagram, Twitter, Facebook or Tik Tok (the potential “Social Media Platforms”), You are bound by its/their terms and conditions. Sponsor is responsible for the collection, submission, or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by messages to its official account @KooshOriginal on the Social Media Platform on which you entered or via email at playmonster@playmonster.com.

 

 

  1. SWEEPSTAKES PERIOD: The Sweepstakes begins at the time the post calling for Entries for the Sweepstakes (the “ Sweepstakes Post”) first appears on the Social Media Platform and ends at 11:59:59 PM CT on the End Date specifically mentioned in the Sweepstakes Post (the “Sweepstakes Period”). To be eligible, Entries must be received by 11:59:59 PM CT on the end day mentioned in the Sweepstakes Post. There will be situations where technical or other issues cause the Sweepstakes to be delayed or extended.

 

  1. HOW TO ENTER: During the Sweepstakes Period, eligible Entrants (“you” and “your”) can enter the Sweepstakes online ONLY by posting a comment below the designated Sweepstakes Post and using the hashtags #KooshOriginal and #ToughMudder for the Sweepstakes. All Entrants must have an account on the Social Media Platform housing the Sweepstakes Post to enter. A potential winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the social media account associated with the winning Entry and that all eligibility requirements are met.

 

If participating via mobile device, you understand and agree that wireless Internet access and other charges may apply. You are advised to review your wireless carrier’s rate plan BEFORE participating in the Sweepstakes via mobile device.  Wireless Internet access is not available in all areas and not all mobile devices allow for wireless Internet access or are compatible with the Social Media Platform app(s).

 

By successfully completing the foregoing, and subject to the limitations detailed herein, you will receive one (1) Entry into the Sweepstakes for that Sweepstakes Post. Automated or robotic entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Sponsor may remove and disqualify any Entries it deems in its sole and absolute discretion to contain obscene, profane, or questionable material or content.  Final eligibility for the award of any Prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Sweepstakes Period on the Sweepstakes Post in order to participate. The Social Media Platform on which you entered’s clock will be the official timekeeper for this Sweepstakes. Note: Limit one (1) Entry per eligible person per Sweepstakes Post per day.

  1. PRIZE: The Prize consists of six (6) tickets for Winner and up to (5) guests to a participating 2021 Tough Mudder Event (the “Events”) which will be awarded as code (“Code”) for use on ToughMudder.com. Each Code can be redeemed for one Ticket for entry into one (1) Tough Mudder Classic, 5K, or Kids Event as a participant or spectator at Winner’s choice subject to availability. Use and redemption of the Code shall be subject to additional terms and conditions as set forth on www.toughmudder.com and/or at the time of registration. Participating in an Event entails significant physical exertion. Persons choosing to participate assume a risk of injury for which Sponsor is not liable. For a list of participating Tough Mudder Events, visit www.toughmudder.com/events. PRIZE MUST BE REDEEMED BY DECEMBER 10, 2021. The ARV varies by combination of Events selected and is up to $774 USD. Sponsor or Sweepstakes Entities are not liable for any missed events or opportunities or expenses incurred as a consequence of ground transportation unavailability or delay (through no fault of Sponsor, Sweepstakes Entities, or due to Force Majeure). Event attendance is subject to availability, change and restrictions. The ARV of the Prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. If the Winner chooses to attend the Event with less than five (5) guests, the details of the prize will be adjusted accordingly and any difference in the ARV will not be awarded in cash. In the event the Events are cancelled, rescheduled, or become unavailable for any reason including state, local, or national prohibitions due to COVID-19, Sponsor reserves the right to substitute a prize of equal or greater value.
  2. ODDS: The odds of winning will depend on the number of Eligible Entries received in response to a given influencer’s Sweepstakes Post.

 

  1. WINNER SELECTION: Approximately two (2) business days following the completion of the Sweepstakes Period, Sponsor or its designee will select the potential Prize winner(s) in a random drawing from among all eligible Entries received for a related Sweepstakes Post on influencer’s page. Entries received in response to a specific Sweepstakes Post are ONLY eligible for that influencer’s drawing and not any other which may be conducted in accordance with this Sweepstakes. Winner is subject to verification, including verification of age. Sponsor’s decisions are final and binding in all respects. Within two (2) business days of selection, the potential Prize winner will be notified by direct message or other private communication on the Social Media Platform on which they entered at the social handle contained in the Entry. Sponsor shall have no liability for potential winner’s failure to receive notification for any reason, including spam, junk e-mail or security settings, or any other technical difficulty, or incorrect or otherwise non-functioning contact information or failure to adequately monitor a Social Media Platform. It is your responsibility to make sure that your privacy settings are configured such that you can receive direct messages or similar private communications. If a potential winner cannot be contacted, is ineligible, or fails to claim the Prize by 11:59:59 PM CT ten (10) days from the conclusion of the Promotion Period, the Prize may be forfeited and an alternate potential winner may be selected from remaining eligible Entries related to the specific influencer’s Sweepstakes Post.
  2. 9. PRIZE WINNER RESPONSIBILITIES: The Prize will be awarded in the name of the Entrant. Sponsor’s sole obligation to award the prize is to provide it to the Entrant; Entrant is responsible for all paperwork, taxes, and responsibilities related to the receipt of the Prize, including but not limited to transportation for winner and any guest(s) to and from the Event. By accepting a prize (or any portion thereof) winner acknowledges and agrees to compliance with these Official Rules, which are final and binding. The potential Prize winner will be required to complete, sign and return a notarized Affidavit/Declaration of Eligibility/Liability Release, completed IRS W-9 Form and, where lawful, a Publicity Release within seven (7) business days of attempted notification or Prize may be forfeited. The potential Grand Prize winner’s failure to return all required forms in this seven (7) day time period or to comply with any other provision herein, may result in the potential Prize winner being disqualified and an alternate potential Prize winner may or may not be selected at Sponsor’s sole discretion. Prize winner’s Codes must be redeemed at least forty-eight (48) hours prior to arrival at the specific Event and in no instance later than December 10, 2021, unless otherwise agreed to by Sponsor in writing. Winner and guests must attend the same Event location but may choose to participate in different portions of the Event. Prize winner and guests must comply with all health, safety, and security requirements; such requirements will vary depending upon Event location and whether a given individual has been vaccinated against COVID-19/Coronavirus. Winner and guests must provide personal information to register for the Event, complete any Event paperwork, including an additional liability release to enter Event and must at all times conduct themselves in an appropriate and well-behaved manner during Event; if Event management determines in their sole discretion that winner and/or guest has violated this provision, winner and guest’s participation will be immediately terminated and Sponsor and OCR Holdings shall not have liability of any kind. All Minor guests (under age 18, 19 in AL and NE as of date of Event) participating or spectating at the Event must be accompanied by the Minor’s parent or legal guardian. A Minor will not be allowed to participate in any portion of the Prize without being accompanied by his or her parent or legal guardian. Winner acknowledges that decisions of Sponsor and its agencies with respect to all aspects of the Sweepstakes are final. No cash or other Prize substitution shall be permitted except at Sponsor’s sole discretion. The Prize is non-transferable. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the Prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen Prize items. Unclaimed Prizes may not be awarded.  This Sweepstakes is open to legal residents of the United States of America/D.C. and a Prize will only be awarded and/or delivered to an address within said locations. Winner will be solely responsible for all applicable federal, state, and local taxes connected with receipt of Prize, the use and enjoyment of Prize, or any other connection with this Sweepstakes unless otherwise required by law or unless this requirement is waived in writing by an authorized representative of Sponsor, in its sole discretion. Winner shall be solely responsible for all actual taxes in relation to acceptance of the Grand Prize. Winner understands that he/she will be issued an IRS 1099 Tax Form for $774 and agrees to fully cooperate with Sponsor or its designated representatives as to the filing of the IRS 1099 Tax Form. Winner must accept Prize as stated or Prize may be forfeited in its entirety and may be awarded to an alternate winner.
  3. PUBLICITY: By participating in the Sweepstakes, Entrants automatically confer on Sponsor an irrevocable, non-exclusive, perpetual, royalty-free worldwide, fully paid-up, assignable license to use his or her name, photograph, likeness, statements, Social Media profile/handle, biographical information, city and state address for advertising, publicity and promotional purposes in all media, including, without limitation, in perpetuity, without further notice, approval, attribution, or any compensation (except to the extent prohibited by law) and agree to execute specific consent to such use upon request.
  4. TERMS & CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor or its designee will post notice on the Social Media Platforms hosting the Sweepstakes Posts and on PlayMonster.com and may select the potential winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or violates these Official Rules. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
  5. LIMITATION OF LIABILITY: By submitting an entry, You waive any privacy expectations that You might have with respect to the Entry or any personal information provided. By participating, participants agree (and agree to confirm in writing) to the extent permitted by law to release and hold harmless Sponsor, the Sweepstakes Entities, the Social Media Platform(s), and any and all Internet server(s) and access provider(s) and their parent companies, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors, (collectively the “Released Parties”) from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such participation in the Sweepstakes and/or acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes or the processing of Entries. Proof of attempting to submit an Entry is not considered proof of delivery or receipt. Entries will not be acknowledged or returned and become the sole and exclusive property of Sponsor.
  6. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, You agree (and agree to confirm in writing) that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Rock County, Wisconsin having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). You further waive all rights to injunctive relief and have damages multiplied or increased. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to You.
  7. MISCELLANEOUS: If any provision of the Official Rules or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of the Official Rules, it being the intent and agreement of the parties that the Official Rules shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to give effect to Sponsor’s intent. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

  1. SPONSOR/SOCIAL MEDIA PLATFORM DISCLAIMER: The Sweepstakes is sponsored by PlayMonster LLC, 1400 E. Inman Parkway, Beloit, WI 53511 and is not sponsored, endorsed or administered by, or associated with Tough Mudder, Hasbro, Inc, OddzOn, Inc., Facebook, Instagram, Twitter or TikTok. You understand that You are providing your information to the Sponsor (with use subject to the privacy policy found at: https://www.playmonster.com/privacy-policy/) and not to Tough Mudder, any related influencer or Social Media Platform. By participating via a Social Media Platform, You are also subject to its data policy and terms of use for various Social Media Platforms are as follows: Instagram: https://help.instagram.com/519522125107875, Facebook: https://www.facebook.com/about/privacy, Twitter:  Updates to our Terms of Service and Privacy Policy (twitter.com); TikTok: https://www.tiktok.com/legal/privacy-policy?lang=en.

 

© PlayMonster LLC. All Rights Reserved. Koosh® is a registered trademark of Hasbro, Inc. Used under license.

 

 

//END OFFICIAL RULES//