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 IS REQUIRED TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Sweepstakes Description: THE “@PLAYMONSTERFUN MY FAIRY GARDEN SWEEPSTAKES” (THE “SWEEPSTAKES”) IS GOVERNED BY THESE OFFICIAL RULES AND PROMOTES THE MY FAIRY GARDEN TOY LINE. (THE “TOYS”). TO LEARN MORE ABOUT THE TOYS FOR FREE, VISIT WWW.PLAYMONSTER.COM.
- 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.
Employees of PlayMonster LLC (“Sponsor”), and their affiliates, subsidiaries, 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.
- 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 official Instagram page: Instagram.com/PlayMonsterFun.
- Sweepstakes Period: The Sweepstakes starts at 12:00:00 PM Pacific Time (PT) on April 9, 2021 and ends at 11:59:59 PM PT on April 16, 2021, (the “Sweepstakes Period”).
- How to Enter: During the Sweepstakes Period, eligible Entrants can enter the Sweepstakes online-only by accessing the Sweepstakes post at Instagram.com/playmonsterfun (the “Sweepstakes Post”). Entrants must tag one (1) friend/family member (as defined below) in the comments and follow @PlayMonsterFun on Instagram to be eligible to win.
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 limitations 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. Sponsor’s database clock will be the official timekeeper for this Sweepstakes. You are advised to secure the consent of any friend/family member prior to tagging them in your Entry. Limit: There is a limit of one (1) Entry per person per day during the Sweepstakes Period. For the avoidance of doubt, a person may be included in another Entrant’s Entry as a tagged friend and still submit his/her own Entry without violating the preceding entry limit.
- Prizes: One (1) Grand Prize winner will be awarded a prize pack consisting of: two (2) copies of My Fairy Garden Light Treehouse, two (2) copies of My Fairy Garden Nature Cottage, and two (2) copies of My Fairy Garden Unicorn Paradise on behalf of him/herself and his/her one (1) tagged friend/family member in their Entry. The ARV of the Prize is $135.94 USD.
- Odds: The odds of winning will vary and depend on the number of eligible Entries received.
- Winner Selection and Notification: At the completion of the Sweepstakes Period, on or about April 17, 2021, 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 April 17, 2021 via direct message on Instagram at the social handle contained in the Entry from @PlayMonsterFun. 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. If a potential winner cannot be contacted, is ineligible, or fails to claim the Prize by 11:59:59 PM PT on May 1, 2021, the Prize may be forfeited and an alternate potential winner may be selected from remaining eligible Entries.
- Prize Winner Responsibilities: The Prize will be awarded in the name of the Entrant. While the Entrant has entered on behalf of himself and his/her one (1) friend/family member (“Friend”), the Prize will be awarded in the name of the Entrant on behalf of himself and his/her one (1) Friend (and NOT to the Entrant him/herself personally). 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. Entrant is responsible for all paperwork, taxes, and responsibilities related to the receipt of the Prize. Sponsor’s sole obligation to award the prize is to provide it to the Entrant; and should Friend have any objection or claim as to receipt of the Prize (or any portion thereof), the sole recourse of such Friend is against the winning Entrant and NOT Sponsor. By accepting a prize (or any portion thereof) winner and Friend acknowledge and agree 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. 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 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.
- 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. 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 Friend.
- 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 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.
- 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, Instagram, and any and all Internet server(s) and access provider(s) and their subsidiaries, affiliates, 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; (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.
- 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 court located in Rock County, 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 or being tagged in an Entry). 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.
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// END OFFICIAL RULES //