OFFICIAL RULES FINAL
ENTRY DEADLINE EXTENDED TO OCTOBER 29, 2021 AT 11:59:59 PM
PURCHASE REQUIRED. VOID IN MD AND SD. AN INTERNET CONNECTION AND SOCIAL MEDIA ACCOUNT REQUIRED TO ENTER. THE PLAYMONSTER® SNAP SHIPS® BUILDTOBER CONTEST (THE “CONTEST”) IS GOVERNED BY THESE OFFICIAL RULES AND PROMOTES PLAYMONSTER LLC’S SNAP SHIPS® – 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 (EXCEPT MARYLAND AND SOUTH DAKOTA) AT THE TIME OF ENTRY OR PARTICIPATION. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES & D.C. (EXCEPT MARYLAND AND SOUTH DAKOTA), 16 YEARS OF AGE OR OLDER.
- ELIGIBILITY: The Contest is open only to legal residents of the United States & the District of Columbia (with the exception of MD and SD, which are void), 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”), Snap Ships 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 MARYLAND, SOUTH DAKOTA, PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
- CONTEST PERIOD: The Contest begins on October 8, 2021 at 12:00:00 AM Eastern Time (“ET”) and ends on November 3, 2021 at 11:59:59 PM ET (the “Contest Period”). NOTE: All Entries must be received by October 29, 2021 at 11:59:59 PM ET (the “Entry Deadline”). After the Entry Deadline, the Entry portion of the Contest will close and no further Entries will be accepted. After the Entry Deadline, participants may vote for the finalist Entries between November 1, 2021 and the end of the Contest Period (See Section D). All Contest votes must be received by 11:59:59 PM ET on November 2, 2021, the end of the Contest Period.
- HOW TO ENTER: During the Contest Period, Entrants (“you” and “your”) can enter the Contest on-line only by: posting a photo of your original, custom Snap Ships build (using the pieces from one  or more Snap Ships® Products) configured in your most creative way (the “Design”), on either your Facebook and/or Instagram social platform(s), (the “Social Platforms”) with the tag @SnapShips and hashtag #PickMyShip in the caption by the Entry Deadline of October 29, 2021.
All Entrants must have an account on at least one (1) of the Social Platforms. 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 on the Social Platform 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 Platform app.
Your Snap Ships design should be original and your photo Entry should include Your actual Snap Ships product configured in Your most creative way.
In addition, to be eligible, each Entry must meet all of the following criteria, as determined by Sponsor in its sole discretion:
- By uploading a photo, 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) IMAGES POSTED BY OTHER PERSONS ON THEIR SOCIAL MEDIA ACCOUNTS OR ELSEWHERE IN CREATING YOUR ENTRY; DO NOT IMITATE OR RECREATE SCENES FROM TELEVISION PROGRAMS, IMAGES OR OTHER THIRD-PARTY CONTENT IN CREATING YOUR PHOTO ENTRY.
- All participants appearing in the photo Entry, if any, must understand and agree that the photo will be shared publicly on the applicable Social Platform (and perhaps on other online platforms) and that everyone in the photo 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 photo).
- The photo must not contain brand names or trademarks other than that of Snap Ships® 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 Snap Ships® 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 Snap Ships® 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 photo editing software or the like in creating the photo Entry, including but not limited to the use of such filters/effects/software to distort or manipulate the properties or performance of Snap Ships® Product.
- Photo must not have been published on any social media platform prior to being entered in this Contest.
- Photos may not have been entered into any other contest or won any other award.
- Photos cannot include dangerous stunts or acts of violence. DO NOT ENGAGE IN ANY BEHAVIOR WITH A RISK OF INJURY IN CONJUNCTION WITH CREATION OF PHOTO.
- The photo must not contain material that is inappropriate, indecent, obscene, hateful, defamatory, slanderous or libelous. Do NOT include any political or controversial content in the photo.
- The photo must not contain any material that is unlawful, in violation of or contrary to the laws or regulations in any state where the photo is created.
- The photo must not include personally identifiable information (e.g., phone number or e-mail address) of entrant, participants or any other persons.
- The Snap Ships® Product may only be used in the photo in its original form and cannot have been modified or altered prior to use in the photo. This includes but is not limited to the removal or obscuring of any branding on the Snap Ships® Product.
- The photo cannot reflect negatively on the Snap Ships® trademark or the business reputation of Sponsor.
- The photo must be in compliance with Community Guidelines or other like policy of the applicable Social Platform. (However, even if a photo fully complies with the Community Guidelines/other like policy of the applicable Social 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 photo or Design for commercial purposes in either original or modified form, and in any such case Sponsor will determine if the Design 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 any other participants involved in the creation of the photo and Design. You further waive any “Droit Moral,” “Moral Rights of Authors” or similar natural rights of ownership you may have in the photo and Design 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 photo and/or Design 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 photo or Design.
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: You may enter the Contest as many times as you like, but each Design can only be entered one (1) time on each Social Platform for the duration of the Contest.
Once submitted, Entry cannot be updated, revised or supplemented by entrant.
- WINNER SELECTION AND NOTIFICATION: There are two (2) phases to the Winner Selection Process: 1) Sponsor Judging and 2) Consumer Voting.
- Sponsor Judging: At the completion of the Entry Period, on or about October 29, 2021 (the “Sponsor Judging Date”), Sponsor and its designees will judge each of the Entries and will assign a point-value between zero (0) (lowest) and fifty (50) (highest) for each Entry. Each eligible Entry will be judged based on the following criteria:
- Essential Elements of a Snap Ships® Product: 0 – 10 points: Does it contain essential elements of a Snap Ships(R) Product such as wings and a fuselage?
- Aesthetic Appeal: 0 – 20 points: Does the ship look sleek and battle worthy?
- Uniqueness of Design: 0 – 20 points: Was there an unexpected, fun, or innovative use of the Snap Ships® Product?
The top two (2) Entries (with the most points) shall be named the “finalists” for the purpose of the Contest and will be included in the Consumer Voting phase.
- Consumer Voting: Between November 1, 2021 and November 2, 2021 (the “Consumer Voting Period”), the two (2) finalists’ Entries will be featured in a “Stories Poll” on each of the Social Platforms. Consumers will be encouraged to view and vote for their favorite one (1) of the finalist’s Entries in the Stories Poll. The Sponsor will determine the Grand Prize winner based on which finalist’s Entry received the most votes in total in the Stories Poll (combining both Social Platforms) during the Consumer Voting Period.
The Entry with the most votes in the Stories Poll at the conclusion of the Consumer Voting Period shall be deemed the potential Grand Prize winner (subject to verification, including verification of age). Votes are accrued when consumers push the “Vote” button for the specific Entry in the Stories Poll on a Social Platform. Votes may only be cast during the Consumer Voting Period and must be cast on the official Stories Poll on one (1) or both of the Social Platforms. Comments made to a finalist’s Entry post do not count as votes. Rankings of votes displayed on a Stories Poll are not binding upon Sponsor and may be modified at any time without notice prior to Prize award. An Entrant is a potential winner only if he/she has been notified by Sponsor to such effect; the vote count for an Entry on the counts in a Stories Poll is NOT proof of winning. Sponsor’s decisions are final and binding in all respects and Sponsor reserves the right to discount votes and disqualify Entrants outright should acts of fraud or manipulation of any kind of the Consumer Voting Period of the Contest be suspected. Manipulation is any act with the intention of undermining the integrity and legitimate operation of the Contest and includes but is not limited to Entrants promising a benefit in exchange for a vote for his/her photo (or for NOT voting for another Entrant’s video.) Sponsor is not responsible for any loss or derogation of quality of the Entry due to technological limitations or any other reason when it is posted in the Stories Poll and has the right to control the placement and orientation of the Entry in the Stories Poll (including rotation of the position of Entries in the Stories Poll during the Consumer Voting Period.)
The potential Grand Prize winner will be notified by Direct Message (or similar private communication) on the applicable Social Platform on which they entered on or about November 3, 2021 (the “Notification 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. 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 SPONSOR’S OFFICIAL ACCOUNT(S) ON THE SOCIAL PLATFORM(S) USED BY THE ENTRANT TO ENTER THE CONTEST.
- PRIZES: One (1) verified Grand Prize winner will receive a limited physical sample of their Design complete with custom build instructions and retail quality Snap Ships® packaging. In addition, the build instructions for the Design will be posted on Sponsor’s website and the winner’s Design will be included in a cinematic video created by Sponsor which will be shared on Sponsor’s YouTube channel, Facebook page, Instagram page and website. The ARV of the Prize is $499.00. 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.
- RULES/WINNERS LIST: For a copy of these Official Rules or the Winners List, send a self-addressed, stamped envelope to: Snap Ships Buildtober Contest – Rules and/or Winners List (please specify which), P.O. Box 70180, Milwaukee, WI 53207. All requests must be received by December 22, 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 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 or Votes, including but not limited to, Entries or Votes 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 Grand Prize winner, or in any Contest-related materials. Sponsor is not responsible for any operation of any Social Platform (including such Social 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 Platforms as well as any filtering of content by operator(s) of such Social Platform(s).
The database clock of the Social Platform used by a given entrant to enter the Contest (be it Facebook or Instagram, as the case may be) will be the official timekeeper for this Contest with respect to entries made on that Social Platform. For purposes of this Contest, “receipt” of an Entry occurs when the applicable Social Platform’s servers record the Entry information resulting from the Entrant posting the Entry. All Entries must be received by October 29, 2021 at 11:59:59 PM ET; 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 the instructions, provide all 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, the non-winning finalist will not receive a prize, nor will anyone who may appear in the photo with Entrant. Sponsor’s sole obligation to award the Prize is solely to provide it to the Entrant. By accepting a Prize, the winner acknowledges and agrees to comply with these Official Rules, which are final and binding and the Prize is non-transferable. No substitution of Prize is offered, except at the sole discretion of the Sponsor. Prize is not redeemable or exchangeable for cash. Prize 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 Grand 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 Grand Prize may be forfeited. The aforementioned winner document will include a confirmation of winner’s grant of rights in the photo and Design to Sponsor. A 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 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 Platforms, 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 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 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. 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 Releases 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, epidemic/pandemic, 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 Prize 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 the Social 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 an unsportsmanlike 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/contest 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 and Instagram, 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 first name and last initial, photograph, city and state address, and to use, reproduce, display, modify and create derivative works of all or any portion of the photo 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 and YouTube channel 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 photo, if any.
- ODDS OF WINNING: The odds of winning the Grand Prize depend on the quality of the various entries and the popularity of a given Entrant’s submission as compared to that of the other finalist.
- SPONSOR: PlayMonster LLC, 1400 E. Inman Parkway, Beloit, WI, 53511
© PlayMonster LLC. All Rights Reserved.
END OFFICIAL RULES