October Birthday Giveaway
YOTTOY’s SEPTEMBER BIRTHDAY GIVEAWAY – OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”) OR INSTAGRAM, LLC, (“INSTAGRAM”).
- SWEEPSTAKES PERIOD: YOTTOY’S SEPTEMBER BIRTHDAY GIVEAWAY (“Sweepstakes”) begins on THURSDAY, OCTOBER 4 at 12 a.m. Eastern Standard Time, and ends TUESDAY, OCTOBER 9 at 11:59 p.m., Eastern Standard Time (“Sweepstakes Period”).
The sponsor of this Sweepstakes is YOTTOY PRODUCTIONS, INC. (“Sponsor”). By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. 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 email at email@example.com during the Sweepstakes Period. All entries must be received prior to the close of the Sweepstakes Period. Sponsor’s computer is the official time keeping device for this Sweepstakes. The Sweepstakes consists of ONE (1) draw date, which will occur by 11:59 pm, Eastern Standard Time, on (i) TUESDAY, OCTOBER 9 (“First Draw Date”).
- ELIGIBILITY: Open to legal residents of 50 United States and the District of Columbia (excluding residents of Puerto Rico and US territories and possessions) who are 18 years of age or older (the “Entrant”). Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (the “Promotion Entities”), are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
- . PRIZES:
Grand Prize for (TUESDAY, OCTOBER 9, 2018): One (1) winner will receive one (1) DUCKLING SOFT TOY and one (1) "THE DUCKLING GETS A COOKIE" HARDCOVER BOOK. For entries submitted at the beginning of the Sweepstakes Period and ending on the First Draw Date.
Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a 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. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
This Sweepstakes is open to legal residents of 50 United States (excluding residents of Puerto Rico and US territories and possessions), and Prize will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
- HOW TO ENTER: Enter the Sweepstakes during the Sweepstakes Period online via Instagram and/or Facebook. All other social media platforms are ineligible for participation and official entry.
In order to enter for eligibility, during the Sweepstakes Period applicants must complete the following:
- FOLLOW @YottoyProductions (Facebook) and/or @YottoyProductions (Instagram);
- LIKE this photo (Instagram) or post (Facebook); and
- COMMENT by telling us how you plan to celebrate yours or your child's birthday!
- BONUS entries for tagging friends
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than ONE (1) ENTRY by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Sweepstakes Period in order to participate for each prize for the time periods noted above. Sponsor’s database clock will be the official timekeeper for this Sweepstakes.
- WINNER SELECTION: The Winner(s) of the Sweepstakes will be selected in a random drawing from among all eligible Entries received prior to each Draw Date during the Sweepstakes Period. The random drawing will be conducted within 24 hours after each Draw Date during the Sweepstakes Period by Sponsor (YOTTOY Productions, Inc.) or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received.
- WINNER NOTIFICATION: Winner will be notified by direct message at the Instagram and/or Facebook account provided in the Entry Information within 24 hours after the random drawing. Potential Winner must accept the prize offered as directed by Sponsor within 24-hours after notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive Instagram and/or Facebook account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any Instagram and/or Facebook account.
Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively “the Prize Claim Documents”). No substitution or transfer of a prize is permitted except by Sponsor (YOTTOY Productions, Inc.).
- RELEASE: RELEASE, INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO DISCHARGE AND RELEASE SPONSOR, FACEBOOK, INSTAGRAM, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RELATING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S YOUR PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (B) TECHNICAL OR HUMAN ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; (C) LATE OR UNDELIVERED MAIL OR EMAIL; (D) TECHNICAL ERRORS OF ANY KIND, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN CELLULAR NETWORKS, PHONE LINES, OR NETWORK HARDWARE OR SOFTWARE; (E) INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; OR (F) INJURY OR DAMAGE TO PERSONS OR PROPERTY RELATED TO PARTICIPATION IN THE SWEEPSTAKES OR RECEIVE RECEIPT OR MISUSE OF ANY PRIZE. YOU WAIVE THE RIGHT TO CLAIM ANY ATTORNEYS FEES AND ANY DAMAGES WHATSOEVER AGAINST THE RELEASED PARTIES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. IF FOR ANY REASON AN ENTRANT'S ENTRY IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, ENTRANT’S YOUR SOLE REMEDY IS ANOTHER ENTRY IN THE SWEEPSTAKES, IF IT IS POSSIBLE. NO MORE THAN THE STATED NUMBER OF PRIZES WILL BE AWARDED. IN THE EVENT THAT PRODUCTION, TECHNICAL, SEEDING, PROGRAMMING OR ANY OTHER REASONS CAUSE MORE THAN THE STATED NUMBER OF PRIZES AS SET FORTH IN THESE OFFICIAL RULES TO BE AVAILABLE AND/OR CLAIMED, SPONSOR RESERVES THE RIGHT TO AWARD ONLY THE STATED NUMBER OF PRIZES BY A RANDOM DRAWING AMONG ALL LEGITIMATE, UN-AWARDED, ELIGIBLE PRIZE CLAIMS.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR, FACEBOOK, INSTAGRAM, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (A) YOUR PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE, AND (B) YOUR BREACH OF THESE OFFICIAL RULES OR YOUR REPRESENTATIONS AND WARRANTIES IN THESE OFFICIAL RULES.
9.LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.
- SOCIAL NETWORK DISCLAIMER
A Facebook and/or Instagram account is required to enter.
11.NO WARRANTIES: SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. ALL MATERIALS AND INFORMATION PROVIDED BY SPONSOR OR THE ADMINISTRATOR AND EVERYTHING ON SPONSOR’S WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHER, NEITHER SPONSOR NOR ADMINISTRATOR MAKE ANY REPRESENTATIONS THAT THE MATERIALS RELATING TO THE SWEEPSTAKES ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL LOCATIONS AT ALL TIMES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ACCESSING THE SWEEPSTAKES WEBSITE AND ENTERING THE SWEEPSTAKES IS LEGAL AND NOT PROHIBITED BY THESE OFFICIAL RULES OR THE LAWS OF THE JURISDICTION IN WHICH YOU ARE A LEGAL RESIDENT.
- Dispute Resolution: All claims and disputes of any nature, whether at law or equity, in any way related to or arising out of the Sweepstakes, or these Official Rules, will be resolved in accordance with the provisions set forth in this Dispute Resolution section. This Dispute Resolution section applies to all claims and disputes whenever arising, including those arising prior to an entrant’s acceptance of these Official Rules.
Written notices of claims or disputes (“Demand”) shall be sent to the Sponsor at the following address (the “Notice Address”): YOTTOY PRODUCTIONS cc: OCTOBER BIRTHDAY GIVEAWAY at 226 East 54th Street, 9th Floor, New York, NY 10022. If the claim or dispute contained in the Demand is not resolved to Entrant’s satisfaction within 10 business days after Sponsor’s receipt, the Entrant shall file a Demand for Arbitration with the American Arbitration Association (AAA) (the “Arbitrator”). For any such filing of a demand for arbitration, Entrant must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute with Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
Entrant will not file a class action or collective action against Sponsor, and will not participate in a class action or collective action against either or both of them. Entrant agrees that he or she will not join his or her claims to those of any other person. Under no circumstances does Administrator or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
13.WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to YOTTOY PRODUCTIONS cc: SEPTEMBER BIRTHDAY GIVEAWAY at 226 East 54th Street, 9th Floor, New York, NY 10022. Requests for the names of the winners must be received no later than NOVEMBER 1, 2018 after the Sweepstakes Period has ended.
- SPONSOR: YOTTOY Productions, Inc., 226 East 54th Street, 9th Floor, New York, NY 10022. For more details or questions please e-mail firstname.lastname@example.org.