B. toys™ Giveaway Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. MANY WILL ENTER, ONLY ONE (1) WILL WIN. VOID WHERE PROHIBITED.
YOU MUST BE 18 YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY IN YOUR JURISDICTION, OR RECEIVE YOUR PARENTS’ PERMISSION, TO ENTER. OPEN ONLY TO RESIDENTS OR CITIZENS OF CANADA AND THE FIFTY UNITED STATES OR DISTRICT OF COLUMBIA.
AN EMAIL ACCOUNT, AN INSTAGRAM AND/OR FACEBOOK ACCOUNT, AND INTERNET REQUIRED.
Maison Battat Inc. (the “Sponsor”) is sponsoring this B. toys™ September 2023 Giveaway Sweepstakes. The Sweepstakes rules are as follows:
- ELIGIBILITY: The B. toys™ September 2023 Giveaway Sweepstakes (the “Sweepstakes”) is open to any legal resident or citizen of Canada or the fifty (50) United States or District of Columbia who is at least eighteen (18) years of age, or at least the age of majority in their jurisdiction, whichever is greater, as of the commencement of the Sweepstakes Period (defined below), or who receives their parents’ permission to enter. Individuals who are employees, officers or directors of the Sponsor, and its respective parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win. Void where restricted or prohibited, and subject to all applicable federal, state/provincial, and local laws.
- SWEEPSTAKES PERIOD: The Sweepstakes is for thirty one (31) days, beginning on September 11th, 2023 at 12:00:00 p.m. EST and ending October 11th, 2023 at 11:59:59 a.m. EST (the “Sweepstakes Period”). Sponsor is the official timekeeper for the Sweepstakes.
- HOW TO ENTER:
Entries can be made by signing up for the B. toys™ newsletter on the B. toys™ Facebook page or Instagram Page between September 11th, 2023 at 12:00:00 p.m. EST and October 11th, 2023 at 11:59:59 a.m. EST. To qualify for the Sweepstakes, the entry form must be filled out in its entirety, including full name, and email address. It is mandatory to register a valid email address.
There is no purchase necessary to participate. A purchase will not increase your chances of winning. Entries must be received before the end of the Sweepstakes Period to be eligible for Sweepstakes entry. Use of multiple Instagram accounts, Facebook accounts, and/or email addresses by the same individual to enter is prohibited and that entrant may be disqualified at Sponsor’s sole discretion. Use of computer programs and/or other automated devices to enter the Sweepstakes is prohibited and that entrant may be disqualified at Sponsor’s sole discretion. Participation constitutes the entrant’s full and unconditional agreement to these Official Rules (the “Official Rules”), and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Prize (defined below) is contingent upon fulfilling all requirements set forth herein. Entry into the Sweepstakes requires a Facebook account and/or a public Instagram account. Participants can create an Instagram and/or Facebook account by downloading the free application or program and/or accessing the platform online, and following the instructions to create an account.
- SWEEPSTAKES DRAWING NOTIFICATION:
Sponsor will randomly select one (1) winners after the Sweepstakes Period from among all eligible entries received from Instagram and Facebook during the Sweepstakes Period, and verify that the winners have:
- Signed up for the toys™ newsletter.
The winners will be contacted by email on or about October 13th, 2023 and must reply to the winner notification from Sponsor and include their full name, their mailing address and/or email address (or the mailing and/or email address of the winner’s parent/legal guardian if the winner is a minor), their phone number and must successfully answer a mathematical skill-testing question, by October 17th, 2023 at 11:59:59 p.m. EST. If the winners are not reachable at the address and/or email address provided and a forwarding address and/or email address is not made available or if the Prize notification is returned as undeliverable, or the answer to the mathematical skill-testing question is incorrect, then the Prize will be forfeited, and an alternate winner may be randomly selected at Sponsor’s sole discretion. The one (1) winner will be announced in the Sponsor’s email newsletter on or about October 23rd, 2023. The odds of winning depend on the total number of eligible entries received during the Sweepstakes Period.
- AFFIDAVIT OF ELIGIBILITY: Potential winners may be required to complete an affidavit of eligibility (an “Affidavit of Eligibility”), as well as any additional required information, releases or responses, and return the completed Affidavit of Eligibility to the email address specified in the Affidavit of Eligibility and within the designated time frame stated in the Affidavit of Eligibility. All applicable federal, state/provincial and local laws apply.
- SWEEPSTAKES PRIZE: One (1) B. toys™ prize packs will be awarded. The one (1) winners will receive one (1) B. toys™ prize pack valued at about $200 USD (collectively, the “Prize”).
No cash in lieu of the Prize will be awarded. The Prize consists only of the items described above. All costs and expenses not expressly stated in the Prize description above as being included in the Prize are the responsibility solely of the winner. Sponsor is not responsible for lost or stolen prize packs, nor for unavailability due to circumstances beyond Sponsor’s control of any component of the Prize.
The Prize and the redemption thereof are subject to terms and conditions specified by Sponsor. The Prize is awarded “as is” with no warranty or guarantee, either express or implied. Prize cannot be transferred, substituted, or used in conjunction with any other competition or offer. Sponsor reserves the right, in its sole discretion, to substitute and/or modify a prize with a prize of comparable or greater retail value, at its sole discretion. All taxes on the Prize and all costs, fees and expenses related to acceptance and use of the Prize not specified in these Official Rules as being provided are the sole responsibility of the winner. The value of the Prize won by a participant in the Sweepstakes may be taxable as income to its winner. The winner may be issued an IRS Form W-9 and a subsequent IRS Form 1099, if necessary. Upon receipt of the Prize, the winner shall be required to comply with any and all applicable federal, state/provincial and local laws, rules and regulations.
- SHIPMENT OF PRIZE: The Prize will be shipped to each winner by UPS on or about the week of October 23th, 2023. Unless stated otherwise by Sponsor, the Prize will be awarded and delivered to an address within Canada or the 50 United States or D.C. P.O. Boxes will not be accepted. If any mail is returned as undeliverable without a forwarding address, then the Prize may be forfeited and an alternate winner may be selected at Sponsor’s discretion. All prize details are at Sponsor’s sole discretion. Sponsor shall have no responsibility or obligation to a winner or potential winner who is unable to accept or utilize the Prize as described herein.
- GENERAL RULES:
- Normal Internet access and usage charges imposed by your online service will apply. If you are a potential winner, Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. By participating in this Sweepstakes, you agree: [a] to these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to the Sweepstakes; and [b] to release, waive, discharge, indemnify, defend and hold harmless Sponsor, and its respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers, Instagram, and Facebook (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to their participation in the Sweepstakes or their acceptance, use or misuse of the Prize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy.
- In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person that is first named in the Entry, as determined by Sponsor. If the identity of the person submitting an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.
- By entering the Sweepstakes, you represent and warrant as follows: [a] the Entry is your own for you to win the Prize; [b] the Entry does not contain any false information; [c] as of the date of Entry, the Entry is not the subject of any actual or threatened litigation or claim; [d] the Entry does not and will not violate or infringe other people’s or companies’ intellectual property, privacy, publicity, or other legal rights, or constitute copyright infringement; [e] the Entry does not contain any material disparaging of the Sponsor and Sponsor’s affiliates; [f] the Entry does not contain material embodying the names, images, likeness or voices identifying another person without permission; and [g] the Entry is not abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Entry that Sponsor, in its sole discretion, deems to violate these Official Rules.
- Released Parties are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, telephone, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of Entries or votes, or the unauthorized or illegal access to your personally identifiable or sensitive information or the awarding, delivery, acceptance, possession, use, or misuse of the Prize, including without limitation, death and bodily injury; [b] failed, incomplete, garbled or delayed computer transmissions; late, lost, inaccurate, delayed, stolen, garbled, misdirected or incomplete entries or votes or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement and notification of the Prize winner; or any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or [c] cancellation, postponement, delay or change of date, venue or time of any events or transportation related to the Prize or the acceptance or use thereof. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person or person’s property related to or resulting from participating in these Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes or the relevant website(s) (including, but not limited to, the use of any device to automate the entry process), who act in an unsportsmanlike or disruptive manner, or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or any portion thereof should viruses, bugs or other causes corrupt the administration, security or proper play of the Sweepstakes, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the Prize from all non-suspect, eligible entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Except where prohibited, entrant agrees that: (i) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Sweepstakes, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (ii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Sweepstakes. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
- DISCLAIMERS: Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes if it is not capable of running as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other problems beyond the control of Sponsor and award prizes from among all eligible entries received prior to cancellation.
By participating in this Sweepstakes, you agree to permit Sponsor and its designees to use your Entry, name, mailing address, social media name/account, voice, statement, image and/or other likeness for advertising, publicity and promotional purposes, in any manner, in any and all media, now or hereafter developed, including, but not limited to, within Sponsor’s website and on Sponsor’s social media pages, in perpetuity, without compensation (unless prohibited by law) or permission from, or notification to, you, and you further agree to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use.
- GOVERNING LAW/JURISDICTION: The Sweepstakes and these Official Rules shall be construed in accordance with New York state law. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts located in New York County, New York.
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
- RULES & WINNER’S ANNOUNCEMENT: The name of the winners and/or Rules will be announced in the Sponsor’s email newsletter on or about October 23rd, 2022.
- SPONSOR: The Sponsor of the Sweepstakes is Maison Battat Inc. P.O. Box # 1264 Plattsburgh, New York 12901. This Sweepstakes is not sponsored, endorsed or administered by, nor associated with, Instagram, Facebook and/or your email provider. You understand that you are providing your information to Sponsor, not Instagram, Facebook and/or your email provider, and that by entering the Sweepstakes, you release Instagram, Facebook and/or your email provider from any claim regarding the Sweepstakes.
- WINNER’S LIST/OFFICIAL RULES: To obtain any legally-required winner list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, please send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to: Maison Battat Inc., Attn: Social Media Team, P.O. Box # 1264 Plattsburgh, New York 12901 (VT residents may omit return postage) by October 11th, 2024.