2023 Sun’s Out, Fun’s Out Giveaway {Full Contest Rules}
NO PURCHASE NECESSARY OR PAYMENT.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
The Toy Insider’s Sun’s Out, Fun’s Out Toy Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are 18 years or older at the time of entry.
Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Entrants must either be the legal guardian of children depicted in the entry picture or have consent from the child’s legal guardian to submit. Employees of Adventure Publishing, Hachette Filipacchi Media, Inc. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules (the “Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Promotion (that of a parent/legal guardian, if, entrant is a minor ). Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a Sweepstakes (the “Sweepstakes”).
2. Sponsor
Adventure Publishing New York, NY, 307 7th Avenue, Suite 501, New York, NY, 10001.
Adventure Publishing is the prize sponsor of Promotion. Individual toy names and logos are used for purposes of promotion and/or prize only.
3. Timing
The Promotion begins on April 19, 2023 at 12:00 a.m. Eastern Standard Time (“EST”) and ends on Friday, July 14, 2023 at 11:59 p.m. EST (the “Promotion Period”). Timestamp on Wufoo.com entry form will be the official time keeping device for this Promotion.
4. How to Enter
To qualify to a The Toy Insider’s Sun’s Out, Fun’s Out Toy Sweepstakes during the Promotion Period, (a) April 19-July 14, 2023 entrants must fill out the embedded sweepstakes form on thetoyinsider.com
Any form of entry other than those described herein is void. Limit: Limit one (1) entry per person, per user name, per email address, during the Promotion Period. Multiple participants are not permitted to share the same email address or username. Any attempt by any participant to obtain more than the stated number of entries by using multiple/ different usernames, email addresses, identities, registrations, logins, or any other methods will void that participant’s plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations or entries, which will be disqualified. Sponsor is not responsible for lost internet connections resulting in invalid entries. In the event of a dispute as to any registration or entry, the authorized Instagram account holder of the username used to register or enter the Sweepstakes will be deemed to be the registrant or entrant. Potential winners may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.
5. Winner Selection
On the dates set forth below, Sponsor or an independent judging agency will select one (1) entry for the prize described below in Section 8 based on all valid entries received and chosen at random. The winning entrant(s) will be contacted Adventure Publishing via email and may be awarded the prize(s) (subject to verification of eligibility and compliance with the terms of these Rules.) Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Winners will be notified by email approximately one (1) day(s) after the drawing. Failure to respond to the initial verification email within 48 hours of notification or return of email notification as undeliverable after 3 attempts will result in disqualification.
6. POTENTIAL SWEEPSTAKES WINNER(S) IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. Verification of Potential Winner (s)
Potential winner(s) must continue to comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. The potential winner(s) will be notified by email after the date of winner announcement. The potential winner(s) may be required to sign and return to Sponsor, within three (3) days of the date notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited by law) in order to claim his/her prize(s). If a potential winner of any prize cannot be contacted, fails to reply to contact efforts or prize notification is returned as undeliverable within 48 hours, the potential winner forfeits the prize. In the event that a potential winner of a sweepstakes prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner based on the creativity among all remaining eligible entries.
8. Prize
Winner will be selected on the Sweepstakes Drawing Date, July 17, 2023 and notified by July 21, 2023.
For all Prizes: No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Within 3 days after of receiving the winner’s affidavit of eligibility and liability/publicity release, Sponsor will mail the winner’s prize(s) via UPS to the address provided therein (if winner is a minor, his/her prize(s) will be delivered care of a parent/legal guardian). Sponsor is not responsible for any delay in prize delivery. Winners (or their parent/legal guardian, as applicable) are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
9. Entry Conditions and Release
By entering, each participant (a parent/legal guardian on behalf of participant, if participant is minor) agrees to: (a) comply with and be bound by these Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor, its parent, subsidiary and affiliated companies, prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes and Promotion, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Sweepstakes and Promotion and/or entrant’s acceptance, use or misuse of prize.
10. Publicity
Except where prohibited by law, participation in the Promotion constitutes each winner’s consent (that of a parent/legal guardian, if participant is a minor) to Sponsor’s and its agents’ use of winner’s name, likeness,
photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. All uses of a winner’s information are in accordance with our
Privacy Policy and in compliance with the Children’s Online Privacy Protection Act (“COPPA ”).
Prize Description
Prize pack of various toys from The Toy Insider’s 2023 Spring & Summer Gift Guide toy list. Products and styles may vary. Prize pack valued at $1,500.
Quantity 1
Approximate retail value $1,500.
11. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper
functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes play, provided that if it is not possible to award another entry due to discontinuance of the to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes among all legitimate, unawarded, eligible prize claims.
13. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York and that by participating in the Sweepstakes, you agree to the jurisdiction and venue of such courts; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iv) under no circumstances rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Entrant’s Personal Information
Information collected from entrants will be kept private by the Sponsor. Only entrants who opt-in to receive news and information from the Sponsors official newsletter will receive future emails from Sponsor ONLY.
15. Promotion Results
For Promotion results, send a hand-printed, self-addressed, stamped envelope to Winners List –
Adventure Publishing, New York, NY, 307 7th Avenue, Suite 501, New York, NY, 10001.
Requests for the winner list must be received by July 21, 2023.
