THE HAPPIEST BABY Activision Survey May 2020 Gift Card GIVEAWAY
OFFICIAL SWEEPSTAKES RULES
THIS SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS, 18 YEARS OF AGE OR OLDER, OF THE UNITED STATES (EXCEPT RESIDENTS OF PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND OVERSEAS MILITARY INSTALLATIONS). VOID WHERE PROHIBITED. DO NOT ENTER UNLESS YOU MEET THE ELIGIBILITY CRITERIA DESCRIBED BELOW.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: These official rules (the “Official Rules”) govern The Happiest Baby Activision Survey May 2020 Gift card Giveaway (the “Sweepstakes”) offered by Happiest Baby, Inc. (the “Sponsor” or “Happiest Baby”), located at 3115 S. La Cienega Blvd., Los Angeles, CA 90016 USA. The Sweepstakes begins on May 12th, 2020 at 7:00 p.m. PST and ends at 11:59 p.m. PST on May 25th, 2020 (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted by Sponsor to select one (1) potential “Grand Prize” (as defined below) winner from among all eligible entries received during the Promotion Period, as more fully set forth below. Entry in the Sweepstakes will not be carried over to, or included in, any other precedent or subsequent Sweepstakes that may be offered by the Sponsor, and will not constitute entry into any other promotion, contest or Sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. The Sweepstakes is not in any way sponsored, endorsed, administered by, or conducted in association with, Twitter Inc., Facebook Inc., Instagram or any other entity.
ELIGIBILITY: Only legal residents in the United States of America at the time of entry (except residents of Puerto Rico, all U.S. territories and possessions and overseas military installations) are eligible to participate. You must be eighteen (18) years of age or older at the time of entry to be eligible to enter. Directors, officers and employees of the Sponsor, and its respective parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, financers, printers and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “Sponsor”) and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to win the Grand Prize.
HOW TO ENTER: No purchase is necessary to enter or win the Sweepstakes.
You must have a valid and active email address in order to participate in the Sweepstakes. You can enter the Sweepstakes for a chance to win by:
- Completing the survey and submitting your email address https://www.surveymonkey.com/r/SNOO-Activision (“Submission”)
Limit one (1) entry per person.
ALTERNATIVE METHOD OF ENTRY BY MAIL: To enter the Sweepstakes without providing a Submission, send a 3” x 5” card or piece of paper handwritten with your name, address, email address and date of birth, in an envelope with proper postage affixed to: Happiest Baby Sweepstakes, 3115 S. La Cienega Blvd., Los Angeles, CA 90016. Mail-in entries must be postmarked by May 18th, 2019 and received no later than five (5) days thereafter to be eligible. All entries become the property of Sponsor and will not be acknowledged or returned. Postage due entries will not be accepted. Sponsor is not responsible for lost, damaged, misdirected, forged, illegible, incomprehensible, torn, mutilated, destroyed, tampered with, incomplete, stolen, postage-due, or late mail.
VALIDITY OF ENTRY: The Sponsor is the official timekeeper for the Sweepstakes. Proof of sending entrant’s Submission is not considered proof of delivery to or receipt by the Sponsor of the Submission. All entries must be received, or if applicable, postmarked, before the end of the Promotion Period in order to participate. Should multiple users of the same Instagram account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. Entry must be made by the entrant. Entries made by any other individual or any entity, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will, if detected, be declared invalid and disqualified from the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including, but not limited to, the use of any device to automate the entry process, is prohibited and any entries deemed by the Sponsor, in its sole discretion, to have been submitted in this manner will be void. The Sponsor reserves the right in its sole discretion to disqualify any entrant who is acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event a dispute regarding the identity of the entrant who actually submitted an entry cannot be resolved to the Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Sponsor shall not be 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 Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, loss, or unauthorized access to, or alteration of, entries. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic or libelous, to constitute hate speech or that is otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Any communication or information transmitted to Sponsor by the Entrant’s internet service provider or otherwise is and will be treated as non-confidential and nonproprietary.
MOBILE ENTRY: If available, and if you opt to enter or receive the Sponsor’s messages via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging and/or data rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging and data rate plans and charges relating to your participation in any independent Sweepstakes. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.
PRIZE: The Grand Prize shall consist of one (1) $150 Amazon gift card. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except at the Sponsor’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of winner (the “Winner”). Acceptance of prize constitutes permission for the Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Sponsor expects many entrants to enter the Sweepstakes, but only one (1) entrant will win the Grand Prize. Odds of winning depend on the number of eligible entries. The Grand Prize will be sent to the Winner upon receipt of all required Prize Claim Documents (defined below). Execution and submission of the Prize Claim Documents to the Sponsor is a condition precedent to being named a winner of the Grand Prize.
WINNER SELECTION AND NOTIFICATION: After the Promotion Period, by May 29th, 2020, one (1) potential Grand Prize winner will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. Potential Winners will be contacted either by direct message to his or her Instagram account, in person, by phone, or by email. The Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential Grand Prize winner for any reason.
RIGHTS GRANTED BY YOU: By providing a Submission, each entrant into the Sweepstakes hereby grants to the Sponsor an irrevocable, perpetual, non-exclusive, transferable, worldwide license and right to reproduce, modify, publicly perform, publicly display, distribute and otherwise use entrant’s name and information, likeness, voice and other attributes in all forms of media now known or hereafter developed for any lawful purpose pertaining to promoting the Sponsor’s products and services, including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes, without further consideration, notification or permission of such entrant or any third party. Each entrant who enters the Sweepstakes represents and warrants that (a) the Submission does not contain any harmful computer code and is not otherwise corrupted; (b) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (c) the Submission does not and will not violate or infringe other people’s intellectual property (including, without limitation, copyright and trademark), privacy, publicity or other legal rights; and (d) the Submission: (i) is not abusive, harassing, harmful to any person’s reputation, disparaging of Sponsor or its products, services or events; (ii) is not pornographic, immoral, offensive, sexually explicit, indecent, profane, obscene, hateful, racist, unnecessarily violent, derogatory of any ethnic, racial, gender, religious, professional or age group, encouraging of alcohol, illegal drugs, tobacco or firearms/weapons (or the use of any of the foregoing) or any activity that may appear unsafe or dangerous or otherwise objectionable; (iii) does not contain trademarks, logos or trade dress owned by others, without permission, any personal identification, such as full personal names, e-mail addresses or street addresses, copyrighted materials owned by others (including photographs, sculptures, paintings or other works of art or images published on or in websites, television, movies or other media) or any material inconsistent with Sponsor’s image or the positive goodwill or images with which Sponsor wishes to associate. Each entrant hereby agrees to indemnify and defend the Sponsor and each of its respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agent from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of such entrant hereunder.
GENERAL PRIZE CONDITIONS: The Grand Prize Winner may not substitute the Grand Prize for any other prize or award. Sponsor reserves the right in its sole discretion to substitute the Grand Prize with a prize of comparable value if the Grand Prize is unavailable, in whole or in part, for any reason. No more than the advertised number of prizes will be awarded. All portions of the prize(s) with its terms and conditions are non-assignable and non-transferable. All details and other restrictions of the Grand Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each potential Grand Prize Winner may be required to execute an affidavit or declaration of eligibility, a liability release and (where imposing such condition is legal) a publicity release releasing Sponsor and each of its respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, contracts, agreements, causes of action, costs, expenses and obligations of every kind and nature whatsoever in and in connection with any Grand Prize an entrant may win (collectively, “Prize Claim Documents”). The execution and submission of the Prize Claim Documents to Sponsor shall be a condition precedent to the potential Grand Prize Winner actually becoming a Grand Prize Winner. If a potential Grand Prize Winner fails or refuses to sign and return all Prize Claim Documents within seven (7) calendar days of Sponsor’s provision of such documents, such Grand Prize Winner may be disqualified, and an alternate Grand Prize Winner may be selected from among the remaining eligible entries received for the Sweepstakes. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents. By entering the Sweepstakes, all entrants understand and agree that all Submissions are posted on the Internet (and any other media as designated by the Sponsor in its sole discretion) for public view and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
GENERAL CONDITIONS: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should any virus, bug, non-authorized human intervention, fraud, or other cause beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, the Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The 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. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by the Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering.
RELEASE AND LIMITATION OF LIABILITY: By entering, you agree to release and hold harmless the Sponsor and its parent, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors and related entities (collectively, “Releasees”) from any liability or claims or actions of any kind whatsoever for illness, injury, death, loss, litigation, claim, or damage (including without limitation, direct, indirect, incidental, consequential, or punitive damages) that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion or substitution thereof (including, without limitation, to any product or service purchased with a prize (including the use or misuse of the product or service)); (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; and (v) electronic or human error in the administration of the Sweepstakes or the processing of entries.
FORCE MAJEURE: The failure of the Releasees to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of the Releasees (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
GOVERNING LAW/JURISDICTION: All disputes arising from the Sweepstakes shall be governed by the laws of the state of California without giving effect to any choice of law/conflict of law doctrines. Subject to the arbitration clause below, all disputes arising from this Sweepstakes shall be resolved in the exclusive venue of the appropriate court sitting in the County of Los Angeles, California. By participating in the Sweepstakes, you consent and submit to the personal jurisdiction of such court, including for entry of judgment on any arbitration or attorney fee award.
ARBITRATION AND WAIVER: By participating in the Sweepstakes, you (i) waive the right to trial by jury and the ability to participate in a class action; (ii) agree that all claims related to the Sweepstakes (collectively, “Claims”) will be will be resolved by confidential arbitration administered by the Judicial Arbitration and Mediation Services in Los Angeles County and conducted before a sole arbitrator; and (iii) waive the right to seek attorney’s fees, indirect, punitive, incidental and consequential damages and any other damages (other than actual out-of-pocket expenses) and any all rights to have damages multiplied or otherwise increased, and the arbitrator will have no authority to award such damages. The arbitrator will follow California law in adjudicating the dispute without regard to conflict of law/choice of law doctrines. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, the Claims will be joined to an arbitration involving any other party subject to these rules whether through class arbitration proceedings or otherwise. Unless the Sponsor and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding. To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against the Sponsor in any court, or in arbitration, with respect to any claims.
NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between such entrant and the Sponsor is not a confidential, fiduciary or other special relationship, and that such entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Sweepstakes does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant acknowledges that, with respect to any claim by such entrant relating to or arising out of any Sweepstakes, including but limited to a Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
COPY OF OFFICIAL RULES OR WINNER LIST: To receive a copy of these Official Rules or any legally required copy of the name(s) of Grand Prize winner of the Sweepstakes, please send an e-mail to email@example.com or send a written request with a self-addressed stamped envelope to Happiest Baby Sweepstakes, 3115 S. La Cienega Blvd., Los Angeles, CA 90016 USA. Vermont residents may omit return postage. All such requests must be received within 30 days after the end of the Promotion Period.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law and signed by a duly authorized representative of the Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
All Rights Reserved.