“@KooshOriginal Double Paddle Set Sweepstakes”
Official Rules FINAL
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT INCREASE YOUR CHANCE OF WINNING. INTERNET CONNECTION AND INSTAGRAM ACCOUNT ARE REQUIRED TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Sweepstakes Description: THE “@KOOSHORIGINAL DOUBLE PADDLE SET SWEEPSTAKES” (THE “SWEEPSTAKES”) IS GOVERNED BY THESE OFFICIAL RULES AND PROMOTES SPONSOR’S KOOSH®-BRANDED PRODUCTS (THE “PRODUCTS”). TO LEARN MORE ABOUT THE PRODUCTS FOR FREE, VISIT WWW.PLAYMONSTER.COM.
2. Eligibility: The Sweepstakes is only open to legal residents of the fifty (50) United States of America and the District of Columbia, sixteen (16) years of age or older at the time of entry (the “Entrant”). An individual under the age of majority in his/her jurisdiction of legal residence, which is generally eighteen (18) years of age (a “Minor”) should have his or her parent’s or legal guardian’s permission before participating in the Sweepstakes. In all cases, where a Minor is an Entrant or Prize winner, Entrant/Prize winner/You/Your refers to such Minor and the Minor’s parent or legal guardian acting on his/her behalf.
All Employees of PlayMonster LLC (“Sponsor”) and each of its respective partners, parent companies, divisions, subsidiaries, licensees, distributors, advertising and promotion agencies, and suppliers (collectively, the “Sweepstakes Entities”) and immediate family members and/or those living in the same household of such individuals are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
3. 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, You are bound by its 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 Instagram page: Instagram.com/KooshOriginal.
4. Sweepstakes Period: The Sweepstakes starts at 12:00:00 AM Pacific Time (PT) on November 29, 2021 and ends at 11:59:59 PM PT on December 13, 2021, (the “Sweepstakes Period”).
5. How to Enter: During the Sweepstakes Period, eligible Entrants can enter the Sweepstakes online-only by accessing the Sweepstakes post at Instagram.com/KooshOriginal (the “Sweepstakes Post”). Entrants must tag one (1) friend in the comments, “like” the Sweepstakes Post and be following KooshOriginal on Instagram to be eligible to win.
All Entrants must have an Instagram account. A potential winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the Instagram 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 Instagram app.
By successfully completing the foregoing, and subject to the entry criteria detailed herein, you will receive one (1) Entry into the Sweepstakes. 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. The Instagram app’s clock will be the official timekeeper for this Sweepstakes. You are advised to secure the consent of your friend prior to tagging him or her in your Entry. Limit: You may enter up to ten (10) times per person per day during the Sweepstakes Period.
6. Prizes: One (1) verified Grand Prize winner will receive one (1) Koosh® Paddle Play Set (the “Prize”). The ARV of the Prize is: $14.99 USD.
7. Odds: The odds of winning depend on the number of eligible Entries received.
8. Winner Selection and Notification: At the completion of the Sweepstakes Period, on or about December 14, 2021 (the “Selection Date”), Sponsor (or its designee) will select one (1) potential winner in a random drawing from among all eligible Entries received during the Sweepstakes Period. Winner is subject to verification, including verification of age. Sponsor’s decisions are final and binding in all respects. The potential Prize winner will be notified on or about December 14, 2021 via direct message on Instagram to the social handle contained in the Entry from @KooshOrigina on Instagram. 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 Instagram. It is Entrant’s responsibility to ensure that the privacy settings on their Instagram profile are set to accept direct messages from Sponsor’s Official Account. If a potential winner cannot be contacted, is ineligible, or fails to claim the Prize by 11:59:59 PM PT on December 21, 2021, the Prize may be forfeited and an alternate potential winner may be selected from remaining eligible Entries.
9. Prize Winner Responsibilities: The Prize will be awarded in the name of the Entrant. In the event a potential Prize winner is under the age of majority in his or her jurisdiction of residence, the Prize will be awarded in the name of the Entrant’s parent or legal guardian. For avoidance of doubt, Prize will only be awarded to the Entrant or Entrant’s parent or legal guardian. A “friend” tagged in the Entry will not receive a Prize. By accepting a prize (or any portion thereof) winner acknowledges and agrees to compliance with these Official Rules, which are final and binding. 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 and may not be sold. 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. 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. 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/DC 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.
10. 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, Instagram 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.
11. 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 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 app 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.
12. 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, Hasbro, Inc., Instagram, and any and all Internet server(s) and access provider(s) and each of their respective subsidiaries, affiliates, parent companies, 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 (including without limitation, personal injury, death, and property damage); (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.
13. 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 state and local court located in Rock County, Wisconsin and the U.S. District Court for the Western District of Wisconsin in Madison, 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.
14. 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.
15. Sponsor/Instagram Disclaimer: The Sweepstakes is sponsored by PlayMonster LLC, 1400 E. Inman Parkway, Beloit, WI 53511. 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/). By participating via Instagram, You are also subject to Instagram’s data policy and terms of use which may be found at https://help.instagram.com/519522125107875.
The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Hasbro, Inc., OddzOn, Inc., or Instagram.
© PlayMonster LLC. All Rights Reserved. KOOSH is a trademark of Oddzon, Inc. and is used with permission. © 2021 Oddzon. All Rights Reserved. Licensed by Hasbro.
//END OFFICIAL RULES//
