THE TOT MEMORIAL DAY PHOTO SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN IN THE PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING IN THE PROMOTION.
OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA WHO, AS OF TIME OF ENTRY, ARE 18 YEARS OR OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Tot Memorial Day Photo Sweepstakes (“Promotion”) is sponsored and administered by The Tot Baby Corporation (“Sponsor/Administrator”), 400 S Record St., Dallas, Texas USA 75202.
- PROMOTION PERIOD: The Promotion starts May 23, 2017 at 12:01 PM Central Time (“CT”) and ends on May 30, 2017 at 11:59:59 AM CT (“Promotion Period”). At the conclusion of the Promotion Period, there will be one (1) “Drawing” as set forth in Section 4 of these Official Rules. The Promotion is subject to all applicable federal, state, provincial, territorial, and local laws and regulations. The Administrator’s computer is the official Promotion Period clock.
- ELIGIBILITY: The Promotion is open only to legal residents who are physically residing in the United States of America and who are at least eighteen (18) years of age or older as of the date of entry. Void in the United States territories and possessions, elsewhere and where prohibited or restricted by law. Officers, directors, and employees of the Sponsor, and their respective parent, subsidiary, and affiliate companies, and any other entity involved in the development, administration, promotion, or implementation of the Promotion (the “Promotion Entities”), and members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Promotion. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules as well as Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- METHODS OF ENTRY: An eligible Entrant may only enter by posting to Instagram a photo using a public profile with a caption including @thetot and hashtag #thetot. Limited to one entry per Instagram account.
- DRAWING: On or about, Sponsor/Administrator will randomly draw using an electronic random drawing service one (1) winner and subsequently three (3) runner-ups from among all eligible entries received in that Promotion Period. The Winner will be deemed a Winner pending verification of eligibility and compliance with these Official Rules and acceptance of the “Prize” as set forth in Section 4. Drawing Date, May 30, 2017 (at or around 1:00 PM CT) with Notification Date (on or about) May 31, 2017.
- PRIZES, APPROXIMATE RETAIL VALUE, AND ODDS OF WINNING:
- Prizes (The Approximate Retail Value (“ARV”) of the Prize is up to a maximum of USD $550. Includes shipping of prize to address provided by Winner within the continental United States.
- Odds of Winning: The odds of winning a Prize depend on the number of eligible entries received during the Promotion Period.
- General Prize Conditions: Prizes will not be redeemed or exchanged for cash, except where required by law. Prize will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without your permission and will be voided if altered or defaced. Limit one (1) Prize per household during the entire Promotion Period. The right to receive a Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure. Each Winner will be solely responsible for any and all federal, state, provincial, territorial, and/or local taxes imposed on the acceptance of the Prize, including any sales tax or VAT. All other costs and expenses not expressly set forth herein shall be solely the Winner’s responsibility.
- WINNER NOTIFICATION AND FULFILLMENT: Potential Winner will be notified by the Administrator on or about the dates set forth in Section 4 of these Official Rules by e-mail using the contact information provided at the time of entry (“Notification”). The Notification will include further instructions on how a Winner may claim his/her Prize. Potential Winners must respond to the Administrator within three (3) calendar days from the date the Notification is sent or the Prize may forfeited, in Sponsor’s sole discretion. If a potential Winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the Prize, does not respond to the Notification within three (3) calendar days, or if the Prize is returned as undeliverable, the Prize may be forfeited, in Sponsor’s sole discretion. If a potential Winner is ineligible for any reason, then the potential Winner will be disqualified and an alternate Winner may be selected. Federal, state, provincial, territorial and local taxes imposed on Prizes are the sole responsibility of the Winner. Sponsor will attempt to fulfill Prizes within 2 to 4 weeks from the date the Prize is claimed by a verified Winner. Sponsor is not responsible for a Winner’s privacy or spam filter settings which may divert any communication on Instagram or promotion e-mail, including the Notification e-mail, direct message, or Prize e-mail to a spam or junk folder. Promotion Entities shall not be held responsible for any delays in awarding a Prize for any reason. Each Prize will only be awarded to a verified winner.
- CONDITIONS: By entering the Promotion, each Entrant agrees for Entrant and for Entrant’s heirs, executors, and administrators (a) to release and hold harmless Promotion Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such Entrant’s participation in the Promotion and/or his/her acceptance, possession, use, or misuse of the Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Promotion and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Promotion in Sponsor’s sole discretion.
- LIMITATION OF LIABILITY: Promotion Entities are not responsible for, and shall be indemnified by the Winner against, any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of the Prize. Void where prohibited. IN NO EVENT WILL THE PROMOTION ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
- PRIVACY: Each Entrant agrees that personal data, including but not limited to, name, mailing address, telephone number, and e-mail address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Promotion. Further, this data may also be used by Sponsor to verify an Entrant’s identity, postal address and telephone number in the event an Entrant qualifies for any Prize as well as to deliver the applicable Prize, in accordance with Sponsor’s privacy policies at: http://www.thetot.com/privacy-policy/
If an Entrant does not provide the required data when requested, that entry will be ineligible for any Prize.
- ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Promotion or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other acts outside the reasonable control of Sponsor will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to Entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Promotion. Promotion Entities are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic (including but not limited to programming) error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, illegible or returned. Sponsor reserves the right to cancel, modify, or suspend the Promotion or any element thereof. In no event will more Prizes be awarded than are stated in these Official Rules. Sponsor may prohibit any Entrant or potential Entrant from participating in the Promotion, if such Entrant or potential Entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other Entrant, Sponsor, or Sponsor’s agents or representatives, including but not limited to the Promotion Entities; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion)
- DISPUTES: THIS Promotion IS GOVERNED BY THE LAWS OF The United States of America AND The State of Delaware, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Promotion). Participant further waives all rights to have damages multiplied or increased.
- WINNER ANNOUNCEMENT: For the name of the Winner, send a self-addressed, stamped business size envelope to: The Tot Memorial Day Photo Sweepstakes, 400 S. Record St., Dallas, TX, USA 75202. Requests must be received by January 30, 2018.
- NOTICE: The Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.