“PLAYMONSTER® KOOSH® COMMERCIAL” VIDEO CONTEST
OFFICIAL RULES FINAL RELEASED
PURCHASE REQUIRED (EXCEPT FOR MARYLAND AND NORTH DAKOTA). AN INTERNET CONNECTION AND SOCIAL MEDIA ACCOUNT REQUIRED TO ENTER. THE PLAYMONSTER® #KOOSH® COMMERCIAL VIDEO CONTEST (THE “CONTEST”) IS GOVERNED BY THESE OFFICIAL RULES AND PROMOTES PLAYMONSTER LLC’S KOOSH®-BRANDED PRODUCTS (THE “PRODUCTS”). BY PARTICIPATING IN THE CONTEST, YOU (IF A MINOR IN YOUR JURISDICTION OF RESIDENCE, YOUR PARENT/LEGAL GUARDIAN) ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED IN THESE OFFICIAL RULES. DO NOT ENTER OR PARTICIPATE IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY OR PARTICIPATION. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES & D.C., 16 YEARS OF AGE OR OLDER.
- ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States & the District of Columbia, sixteen (16) years old or older at the time of entry (“Entrant”) as defined below. 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 Contest. 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”), Hasbro, Inc., OddzOn, Inc., Dude Perfect, LLC, and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, licensees, distributors, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, and representatives (collectively, the “Contest Entities”) or immediate family members (spouses, siblings, children and parents, regardless of where they live) or members of the same households of such (whether or not related), are not eligible to participate or win.
PARTICIPATION IN THE CONTEST IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE OFFICIAL RULES AND WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
CONTEST IS VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
- CONTEST PERIOD: The Contest begins on July 26, 2021 at 12:00:00 AM Central Time (“CT”) and ends on September 7, 2021 at 11:59:59 PM CT (the “Contest Period”). NOTE: All Entries must be received by September 7, 2021 at 11:59:59 PM CT (the “Entry Deadline”), except as expressly provided otherwise in Paragraph C below.
- HOW TO ENTER: During the Contest Period, Entrants (“you” and “your”) can enter on-line only by posting a video on your public social media account** with the tag @KooshOriginal and hashtag #KooshChallenge in the caption.
**Social media account (platform) consists of the following: Facebook, Instagram, TikTok, and/or Twitter.
All Entrants must have a social media account. 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 Contest 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 chosen social media App.
Your video should be original and should include your best “commercial” advertising the Koosh® rubber ball. Videos must be no longer than one (1) minute in length. Any video longer than one (1) minute will be ineligible and will not be considered. Video must be in conformity with the technological specifications set forth on the applicable social media platform. The video also must include at least one (1) Koosh® rubber ball.***
***Residents of Maryland and North Dakota only may request one (1) free Koosh® rubber ball to create their video. Between July 26, 2021 and August 16, 2021, mail a 3” x 5” card with your hand-printed name, address, email address, age and “KOOSH COMMERCIAL FREE KOOSH REQUEST” to P.O. Box 70180, Milwaukee, WI 53207. Copies of 3” x 5” cards will NOT be accepted. Beginning at 12:00:01 AM CT on August 17, 2021, send an email with your name, address and age to firstname.lastname@example.org new email, with KOOSH COMMERCIAL FREE KOOSH REQUEST in the subject line, for receipt by September 7, 2021 at 11:59:59 PM CT.† Mail requests will NOT be honored if postmarked after August 16, 2021; email requests will NOT be accepted prior to August 17, 2021. Requests will only be honored if delivery address for Koosh® rubber ball is located in Maryland or North Dakota; if mailed, request must be deposited in the mail from an address in Maryland or North Dakota as well. There is a limit of one (1) request (for a maximum of one  Koosh® rubber ball) per qualifying person. Receipt of requests will not be acknowledged by Sponsor. Submission of request is in all cases the sole responsibility of participant with Sponsor disclaiming any and all liability in conjunction therewith.
†If email request is received after August 23, 2021 (but before September 7, 2021 at 11:59:59 PM CT), individual submitting request will have until October 3, 2021 at 11:59:59 PM CT in which to submit Entry.
In addition, to be eligible, each video entry must meet all of the following criteria, as determined by Sponsor in its sole discretion:
- By uploading a video, Entrant warrants that he/she is the sole author and copyright owner of the entry or has the permission (via license or otherwise) to use or incorporate those entry portions authored or owned by third parties. DO NOT COPY (IN WHOLE OR IN PART) VIDEOS POSTED BY OTHER PERSONS ON THEIR SOCIAL MEDIA ACCOUNTS OR ELSEWHERE IN CREATING YOUR VIDEO ENTRY; DO NOT IMITATE OR RECREATE SCENES FROM TELEVISION PROGRAMS, VIDEOS OR OTHER THIRD-PARTY CONTENT IN CREATING YOUR VIDEO ENTRY;
- All participants in the video must understand and agree that the video will be shared publicly on the applicable social media platform (and perhaps on other online platforms) and that everyone in the video must be least 16 years of age. Anyone between the ages of 16 and the age of majority in your state, must have permission from their parents or legal guardians to participate (whether as an Entrant or just being included in a video).
- The video must not contain brand names or trademarks other than that of Koosh® or PlayMonster. This includes any branded apparel, such as hats or t-shirts, with company names or logos on them. For the purposes of the contest, Entrants are granted a non-exclusive, limited license to utilize the Koosh® and PlayMonster® name and trademarks solely in their Entry as contemplated herein. Nothing herein confers to Entrant or any participants in the contest any right, title, or interest in or to the Koosh® or PlayMonster® trademarks. Any goodwill vested therein shall inure to PlayMonster and the respective underlying rights holders of the trademarks and not to Entrant or participants under any circumstance.
- Entrant cannot have overly relied on social media filters/effects or video editing software or the like in creating the video, including but not limited to the use of such filters/effects/software to distort or manipulate the properties or performance of Koosh® Product. The video must depict the actual performance of Koosh® Product in real life and entrant must be able to document same if requested by Sponsor.
- Video must not have been published on any social media platform prior to being entered in this Contest.
- Videos may not have been entered into any other contest or won any other award.
- Videos cannot include dangerous stunts or acts of violence. DO NOT ENGAGE IN ANY BEHAVIOR WITH A RISK OF INJURY IN CONJUNCTION WITH CREATION OF VIDEO.
- The video must not contain material that is inappropriate, indecent, obscene, hateful, defamatory, slanderous or libelous. Do NOT include any political or controversial content in the video.
- The video must not contain any material that is unlawful, in violation of or contrary to the laws or regulations in any state where the video is created.
- The video must not include personally identifiable information (e.g., phone number or e-mail address) of entrant, participants or any other persons.
- The video must show the Koosh® rubber ball being used in accordance with the instructions accompanying the Koosh® Product.
- The Koosh® rubber ball may only be used in the video in its original form and cannot have been modified or altered prior to use in the video. This includes but is not limited to the removal or obscuring of any branding on the Koosh® rubber ball.
- The video cannot reflect negatively on the Koosh® trademark or the business reputation of Sponsor.
- The video must be in compliance with Community Guidelines or other like policy of the applicable social media platform. (However, even if a video fully complies with the Community Guidelines/other like policy of the applicable social media platform, Sponsor/Administrator may still determine that it is ineligible as it does not comply with the preceding restrictions.
You grant to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the video without further notice or any compensation to you. (For clarity, you will NOT receive any compensation except for a prize [if your entry is selected and thereafter confirmed as a prize winner, as set forth below] even if Sponsor should decide to use your video for commercial purposes in either original or modified form, and in any such case Sponsor will determine if the video is attributed to you (and, if so, the nature of such attribution). Upon request and without compensation, you agree to provide Sponsor and its designees with a similar grant of rights from other participants involved in the creation of the video. You further waive any “Droit Moral,” “Moral Rights of Authors” or similar natural rights of ownership you may have in the video and agree, upon the request of Sponsor and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this section.
You further understand and agree that (a) Sponsor has wide access to ideas, stories and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/literary/artistic materials may be competitive with, similar to, or even identical to the content of the submitted video and that Sponsor shall have no liability to you or any third party in conjunction therewith; and (b) Sponsor does not have any duty of confidentiality or other fiduciary duty to you relative to your video.
You also agree upon Sponsor’s request and without compensation of any kind to respond to Sponsor’s inquiries from time to time as to whether (or not) you still hold the same opinions concerning PlayMonster LLC’s Koosh® products as communicated in your video.
By successfully completing the foregoing and subject to the entry criteria and limitations detailed herein, you will receive one (1) “Entry” in the Contest. Note: Limit one (1) Entry per person per social media platform for the duration of the Contest.
Once submitted, Entry cannot be updated, revised or supplemented by entrant.
- WINNER SELECTION AND NOTIFICATION: At the completion of the Contest Period, on or about October 5, 2021 (the “Selection Date”), Sponsor will judge each of the Entries and will assign a point-value between zero (0) (lowest) and one hundred (100) (highest) for each Entry. The top five (5) Entries (with the most points) shall be deemed the potential Grand Prize winners (subject to verification, including verification of age).
Each eligible Entry will be judged based on the following criteria:
- Content: 0 – 25 points: Did the video contain a commercial or “sales pitch” mentioning at least one reason the Koosh® ball is a great product?
- Creativity: 0 – 25 points: Was there an unexpected or innovative use of the Koosh product?
- Effectiveness: 0 – 25 points: Was the video engaging? Was there a wow-factor?
- Technical Quality: 0 – 25 points: Lighting, Sounds, Editing of the video
An Entrant is a potential winner only if he/she has been notified by Sponsor to such effect. Sponsor’s decisions are final and binding in all respects. Sponsor is not responsible for any loss or derogation of quality of the Entry due to technological limitations or any other reason. The potential Grand Prize winners will be notified by Direct Message (or similar private communication) under which they entered on the applicable social media platform within seven (7) days of the Selection Date and will be required to execute and return required documents as detailed below. If any Prize correspondence is returned as non-deliverable, Prize may be forfeited and an alternate winner selected from the Entry(ies) with the next highest point total. IT IS THE SOLE RESPONSIBILITY OF ENTRANT TO CONFIGURE HIS/HER SOCIAL MEDIA PRIVACY SETTINGS SO AS TO ACCEPT DIRECT MESSAGES (OR SIMILAR PRIVATE COMMUNICATIONS) FROM PLAYMONSTER’S OFFICIAL ACCOUNT(S) ON THE APPLICABLE SOCIAL MEDIA PLATFORM(S) USED BY THE ENTRANT TO ENTER THE CONTEST.
- PRIZES: Five (5) verified Prize winner(s) will each receive a Koosh® Video Contest prize pack consisting of: One (1) 3” Koosh® Ball, One (1) Mondo Koosh® Ball, One (1) 3pk Mini Koosh® Balls, One (1) Koosh® Flingshot, One (1) Koosh® Woosh (signed by at least one current member of Dude Perfect), One (1) Koosh® Paddle Playset (signed by at least one current member of Dude Perfect), One (1) Koosh® Hoops, One (1) Koosh® Sharp Shot, and One (1) $200 Target Gift Card (subject to terms and conditions provided therewith). The ARV of each Prize is: $312.92. Winner shall be solely responsible for all actual taxes in relation to acceptance of a Prize as well as for any and all unspecified expenses in conjunction with acceptance and use of Prize. The Total ARV of all Prizes is: $1564.60
- RULES/WINNERS LIST: For a copy of these Official Rules or the Winners List, send a self-addressed, stamped envelope to: Koosh Commercial Contest – Rules and/or Winners List (please specify which), P.O. Box 70180, Milwaukee, WI 53207. All requests must be received by October 29, 2021.
- GENERAL CONDITIONS: Any attempt by the Entrant to enter more than the number of times authorized herein, using multiple names, multiple usernames/accounts on one or more social media platforms, and/or systematic entering from the same IP address, and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the Entrant or Entries in Sponsor’s reasonable discretion. Automated Entries, including but not limited to, Entries submitted using any robot, crypt, macro, or other automated service are not permitted and will be disqualified. Sponsor is not responsible for lost, late, stolen, damaged, misdirected, inaccessible, corrupted, jumbled or incomplete Entries. Sponsor is not responsible for incorrect or inaccurate Entry information whether caused by Internet users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Entries in the Contest, the announcement or notification of the Prize winners, or in any Contest-related materials. Sponsor is not responsible for any operation of any social media platform (including such social media platform’s App) during the Contest Period which in any way interferes with or interrupts the Contest being offered as originally intended by Sponsor, including any technical malfunction of any computer online systems, servers, access providers, applications, computer equipment, software, failure of any email or Entry to be received on account of traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer or mobile device (or any information stored thereon) related to or resulting from downloading any material related to the Contest, all of which may affect a person’s ability to participate in the Contest. The preceding includes but is not limited to any technological malfunction, failure or error affecting the operation of one or more of the social media platforms as well as any filtering of content by operator(s) of such social media platform(s).
The database clock of the social media platform used by a given entrant to enter the Contest (be it Facebook, Instagram, TikTok or Twitter, as the case may be) will be the official timekeeper for this Contest with respect to entries made on that social media platform. For purposes of this Contest, “receipt” of an Entry occurs when the applicable social media platform’s servers record the Entry information resulting from the Entrant posting the Entry. All Entries must be received by September 7, 2021 at 11:59:59 PM CT (subject to Paragraph C above); Illegible or incomplete Entries and Entrants who do not meet the eligibility requirements are void. All Entries become the property of the Sponsor and will not be returned. Entrants who do not follow all of the instructions, provide all of the required information in their Entry, or abide by these Official Rules or other instructions of the Sponsor will be disqualified.
- 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, anyone besides the Entrant who may appear in a video with Entrant will not receive a Prize. Sponsor’s sole obligation to award the Prize is solely to provide it to the Entrant. By accepting a Prize, winner acknowledges and agrees to comply with these Official Rules, which are final and binding and Prize is non-transferable. Sponsor reserves the right to award Prize via multiple shipments. No substitution of Prize is offered, except at the sole discretion of the Sponsor. Prize is not redeemable or exchangeable for cash. Prizes will only be awarded to addresses within the United States. 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 Contest, unless otherwise required by law or unless this requirement is waived in writing by an authorized representative of Sponsor, in its sole discretion. The potential Prize winner will be required to complete, sign and return a notarized Affidavit/Declaration of Eligibility/Liability Release, and, where lawful, a Publicity Release within seven (7) business days of attempted notification or Prize may be forfeited. The aforementioned winner document will include a confirmation of winner’s grant of rights in the video to Sponsor. A potential 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 Grand Prize winner being disqualified and an alternate potential Grand Prize winner may be selected at Sponsor’s sole discretion.
- RELEASES: The Contest Entities, the operators of the social media platforms , Target Brands, Inc. and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotion agencies, and all of their officers, directors, shareholders, employees and agents, (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer or mobile device (or information stored thereon) relating to or resulting from participation in the Contest; any injuries, liability, losses and damages of any kind resulting from participant’s participation in the Contest (including while performing in or editing the video) or any violation of these rules by them, and/or use or misuse of the Prize, including without limitation, personal injury, death and property damage; inability to access the social media platform website or App; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website or application for any other reason whatsoever; typographical, printing or other errors; any mail/email requests (as appropriate) which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, undeliverable or postage due, or any combination thereof. Proof of attempting to submit an Entry is not considered proof of delivery or receipt. Illegible, incomplete and Entries in excess of the limits stated above will be disqualified. All Entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible; this includes any misstatement or misrepresentation made in Entrant’s video regarding the Koosh® Product. By entering the Contest, Entrants affirm that they have read and accepted these Official Rules.
- 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 the Entrants and Releasees in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of Wisconsin. By entering, participants consent to the jurisdiction and venue of the state and local courts for Rock County, Wisconsin and the U.S. District Court for the Western District of Wisconsin in Madison, Wisconsin and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
As a condition of participating, participants agree (and agree to confirm in writing), to the extent permitted by law: (a) that under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses (if any); (b) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any) but in no event will attorneys’ fees be awarded or recoverable and (d) Entrant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions to not allow the limitations or exclusion of liability, so the above may not apply to you.
- FORCE MAJEURE: Releasees shall not be liable to winners or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, pandemic/epidemic, any action(s), regulations(s), order(s) or request(s) by any governmental entity, equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption, work slow-down, civil disturbance, riot, network or computer problems, Internet problems, hacking, computer viruses, unauthorized computer access, tampering or any other cause beyond Sponsor’s sole control.
- GENERAL: Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should fraud, viruses, bugs, or other causes beyond the control of Sponsor corrupt the administration, security or proper operation of the Contest. In the event of cancellation/modification/suspension, Sponsor will award the Prizes from among all eligible, non-suspect Entries received prior to cancellation modification/suspension of the Contest or otherwise in a manner of Sponsor’s sole choosing which is fair, appropriate and consistent with these Official Rules. If such cancellation, modification or suspension occurs, notification will be posted on Sponsor’s official account on all social media platforms as well as on www.playmonster.com. Releasees are not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness or proper conduct of the Contest. Entrants or winners will be disqualified by Sponsor, in its sole discretion, for any attempt to cheat or tamper with any aspect of the Contest to act in a non-sportsmanlike or disruptive manner, to threaten, abuse or harass any other person, or to circumvent these Official Rules. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW (IN ADDITION TO DISQUALIFICATION FROM THE CONTEST, IF APPLICABLE).
In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. Releasees are not responsible for electronic communications that are undeliverable as a result of any active or passive filtering of any kind or insufficient space in Entrant’s social media account to receive direct messages (or other private communications).
- NOTE: Entry must be made by the Entrant only as detailed herein. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. Entries made on social media platforms other than Facebook, Instagram, TikTok and Twitter will be declared invalid and disqualified for this Contest. The use of any device or software to automate the entry process is prohibited.
- PUBLICITY: By participating in the Contest, 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, biographical information, voice, voice likeness, city and state address, and to use, reproduce, display, modify and create derivative works of all or any portion of the video Entry for advertising, publicity and promotional purposes in all media, including, without limitation, on air and within playmonster.com as well as on Sponsor’s social media accounts in perpetuity, without further notice, approval, or any compensation (except to the extent prohibited by law) and agree to execute specific consent to such use upon request. Entrant further agrees, upon Sponsor’s request and without compensation, to use best efforts to assist Sponsor in obtaining a similar grant of rights from other persons included in his/her video, if applicable.
- SPONSOR: PlayMonster LLC, 1400 E. Inman Parkway, Beloit, WI, 53511
The Contest is in no way sponsored, endorsed, administered by or associated with Hasbro, Inc., OddzOn, Inc., Target Brands, Inc., or Dude Perfect, LLC.
© PlayMonster LLC. All Rights Reserved. Koosh® is a registered trademark of Hasbro, Inc. Used under license.