Tangible Play – Byju Learning Home For The Holidays – Win (VISA Gift Card $500 BYJU’S Premium Learning Kit ARV $199) Four First Prizes ARV $199.00 each (BYJU’s Premium Learning Kit ARV $199).
Tangible Play Inc. SWEEPSTAKES (the “Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR: The sponsor of the Sweepstakes is Tangible Play Inc. (“Sponsor”).
SWEEPSTAKES DESCRIPTION: The Sweepstakes begins at [12:00:00 a.m. Pacific Time on December 8 2021, and ends at 11:59:59 p.m. Pacific Time on December 21 2021, shall begin immediately after the earlier of the time that Sponsor posts the Sweepstakes Question (as defined herein) on the official Sponsor Facebook® page located at [https://www.facebook.com/byjuslearning.usa] (“Sponsor Facebook Page”), the official Sponsor Instagram® page located at: [https://www.instagram.com/byjuslearning.usa/] (“Sponsor Instagram Page”), and shall conclude at 11:59 p.m. the following day] (the “Sweepstakes Period”). The Sweepstakes involves posting a short response to the question (“Sweepstakes Question”) included on Sponsor’s Facebook® Page, Sponsor’s Instagram® Page as explained in more detail below. Each entrant shall answer the questions “How do you help your child keep their learning skills sharp over the winter break?” Participants will enter via a landing page on the BYJU’S Learning website for a chance to win one of five prize packages as described more fully below. At the end of the Sweepstakes Period, a random drawing will be conducted from among all eligible Entries (as defined below) received during the Sweepstakes Period to select one (1) Prize (as defined below) winner, as described more fully below. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Tangible Play Inc.Sweepstakes Official Rules (“Official Rules”) and the decisions of Sponsor, which shall be final and binding in all respects. Please review the Official Rules carefully. If you do not agree to the Official Rules in their entirety, you are not permitted to enter the Sweepstakes.
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. By entering the Sweepstakes, you agree to fully release and hold harmless Facebook and Twitter, as further detailed in the “General Liability Release/Force Majeure” Section below.
ELIGIBILITY: The Sweepstakes is open only to residents of the 50 United States of America and the District of Columbia who are  years of age or older as of their date of entry. [Entrants under the age of majority must receive prior permission from a legal parent or guardian to enter and their legal parent or guardian must also agree to these Official Rules. If an entrant under the age of majority wins a prize, the prize will be awarded to the parent or legal guardian upon receipt of all required documents.] The Sweepstakes is void in Puerto Rico and all other locations where otherwise prohibited by law. Employees of Sponsor, its Prize providers and licensors, and each of the foregoing entities’ affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.
HOW TO ENTER: (a) Facebook® Entry. In order to enter the Sweepstakes during the Sweepstakes Period via Facebook®, you must log in to your Facebook® account, or create a new Facebook® account where you do not already have one, and then follow the instructions set forth below. After you log in to your Facebook® account, you must post a response to Sponsor’s official Sweepstakes Question (each a “Response”). Each response must include the hashtag “#sweepstakes” in order to be considered a valid Response. By submitting a Response, you represent that you have read and agreed to the terms and conditions of these Official Rules. Subject to any limitations, terms and conditions set forth in these Official Rules, upon submitting a response on the Sponsor Facebook® account page, you will receive one (1) entry in the Sweepstakes (each, a “Facebook® Entry”). The Sponsor Facebook Page is the official timekeeper for Facebook Entries submitted in connection with the Sweepstakes.
(b) Instagram® Entry. In order to enter the Sweepstakes during the Sweepstakes Period via Instagram®, you must log in to your Instagram® account, or create a new Instagram® account where you do not already have one, and then follow the instructions set forth below. After you log in to your Instagram® account, you must post a Response to Sponsor’s official Sweepstakes Question. Each response must include the hashtag “#sweepstakes” in order to be considered a valid Response. By submitting a Response, you represent that you have read and agreed to the terms and conditions of these Official Rules. Subject to any limitations, terms and conditions set forth in these Official Rules, upon submitting a response on the Sponsor Instagram® account page, you will receive one (1) entry in the Sweepstakes (each, a “Instagram® Entry”). The Sponsor Instagram Page is the official timekeeper for Instagram Entries submitted in connection with the Sweepstakes.
(c) General Social Media Entry Terms. Proof of submission is not considered proof of delivery or receipt of a Response in connection with Social Media Entries. In the event that a dispute regarding the identity of an individual who actually submitted a Response cannot be resolved to Sponsor’s satisfaction, the affected Response will be declared invalid and disqualified. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Response that Sponsor, in its sole discretion, deems to violate these Official Rules. Without limiting the foregoing, any Response that is considered by Sponsor, in its sole and absolute discretion, to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified. All Social Media Entries must be recorded prior to the end of the Sweepstakes Period to be considered valid Social Media Entries. Each entrant may receive only one (1) Social Media Entry. Multiple Responses submitted on the various Sponsor social media account pages, as applicable, are strictly prohibited. Any Social Media Entry(ies) submitted by the same individual in excess of the aforementioned limit of one (1) entry will be discarded.
Each entrant must ensure that her/his Response complies with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (the “FTC Guidelines”) by including any necessary caveats and disclaimers. In connection with Social Media Entries, entrants must at all times comply with Facebook’s® Terms of Service, Twitter’s® Terms of Service and Instagram’s® Terms of Service.[PLEASE NOTE, THESE TERMS CHANGE FREQUENTLY AND SHOULD EACH BE CHECKED PRIOR TO EACH NEW SWEEPSTAKES OR CONTEST]
ENTRANTS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL AND/OR SEPARATE SOCIAL MEDIA ACCOUNTS, OR OTHERWISE SUBMIT SOCIAL MEDIA ENTRIES UNDER ALIASES, IN ORDER TO OBTAIN ADDITIONAL SOCIAL MEDIA ENTRIES (“ALIAS ENTRIES”). SPONSOR RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE SOCIAL MEDIA ENTRY WHERE SPONSOR DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE PROSPECTIVE SOCIAL MEDIA ENTRY IS AN ALIAS ENTRY, WAS OBTAINED USING ANY FRAUDULENT OR DECEPTIVE METHOD, WAS OBTAINED IN BAD FAITH OR WAS OTHERWISE OBTAINED IN VIOLATION OF THESE RULES.
(e) Alternative Means of Entry. As an alternative means of entry in the Sweepstakes, prospective entrants may submit e-mail Responses to [firstname.lastname@example.org] (each, an “AMOE Entry E-mail”). The information that you must provide in the AMOE Entry E-mail in order to submit an entry (each, an “AMOE Entry,” and together with the Social Media Entries, the “Entries”) includes your: (i) full name; (ii) e-mail address; and (iii) Response (“AMOE Registration Data”). Where an entrant submits a valid AMOE Entry E-mail during the Sweepstakes Period, that entrant will automatically receive one (1) AMOE Entry. All AMOE Entries must be received by Sponsor prior to the end of the Sweepstakes Period to be considered valid AMOE Entries. Entrants must update their AMOE Registration Data, as necessary, to remain eligible to win a Prize. Any improperly submitted AMOE Entry E-mails (i.e. any potential AMOE Entry E-mails having invalid or incomplete AMOE Registration Data) will be VOID. Limit: Each entrant may receive only one (1) AMOE Entry in the Sweepstakes, and any AMOE Entry(ies) submitted by the same individual in excess of that AMOE Entry limit will be discarded.
SPONSOR IS NOT RESPONSIBLE FOR REGISTRATIONS, RESPONSES, SOCIAL MEDIA ENTRIES, AMOE ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN ENTRY DURING THE SWEEPSTAKES PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS FACEBOOK®, INSTAGRAM® OR TWITTER®, YOU WILL NOT QUALIFY FOR A PRIZE.
SPONSOR IS NOT RESPONSIBLE FOR ENTRIES AND/OR RESPONSES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN RESPONSE PRIOR TO THE EXPIRATION OF THE SWEEPSTAKES PERIOD INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SPONSOR SOCIAL MEDIA ACCOUNT PAGES FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR A PRIZE.
GRANT OF RIGHTS. Each entrant shall be deemed the owner of the Response submitted in connection with the Sweepstakes. Notwithstanding the foregoing, by submitting a Response in connection with the Sweepstakes: (a) each entrant hereby grants to Sponsor an unrestricted, perpetual, non-exclusive, fully-paid and royalty-free, license to use, copy, perform, display, and distribute such Response throughout the world including, but not limited to, on Sponsor’s Facebook Page and on byjuslearning.com; and (b) each person who enters the Sweepstakes represents and warrants that: (i) the Response is the entrant’s own, original work; (ii) the Response does not contain any harmful computer code and is not otherwise corrupted; (iii) the Response is not the subject of any actual or threatened litigation or claim; and (iv) the Response does not and will not violate or infringe upon any third party’s intellectual property rights, privacy, publicity, or other legal rights. By submitting a Response and entering the Sweepstakes, you are providing your information to Sponsor and not to any of the applicable social media entities.
PRIZE: [One Grand Prize ARV: $699.00 (Visa Gift Card: $500 + BYJU’S Premium Learning Kit ARV: $199); Four First Prizes ARV: $199.00 each (BYJU’s Premium Learning Kit ARV: $199). The Prizes will be delivered only to an address in the United States. **] IDENTIFICATION OF ENTRANTS: Entrants who submit AMOE Entries will be identified by their respective e-mail addresses, and Entrants who submit Social Media Entries will be identified by their respective e-mail addresses associated with applicable social media used to submit the subject Social Media Entries (collectively, “Entry E-mail Addresses”).
HOW TO WIN A PRIZE: Within thirty (30) days of the end of the Sweepstakes Period, Sponsor will randomly select one (1) winner from the database of Entries (“Winner Selection”). Attempts to notify the potential Prize winner will be made using the message function on Facebook® if the Entry was submitted via Facebook and Direct Message service on Instagram. If the potential winning Entry was an AMOE Entry, Sponsor will attempt to notify the potential Prize winner using the e-mail address associated with the winning AMOE Entry. Sponsor is not responsible for communication problems of any kind. If, despite reasonable efforts, a potential Prize winner does not respond, using the contact information provided by Sponsor in its notification, within five (5) days of the first notification attempt (or such shorter time as exigencies may require), or if the Prize or Prize notification is returned as unclaimed or undeliverable to such potential Prize winner, such potential Prize winner will forfeit her or his rights to the Prize and an alternate winner may be selected.
The potential Prize winner may be required to execute: (a) an Affidavit of Eligibility; (b) a Liability Release; (c) where imposing such condition is legal, a parent/guardian affidavit of eligibility and release if the potential Prize winner is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction of residence); and (d) a Publicity Release (collectively, “Prize Claim Documents”). If the potential Prize winner is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction of residence), then a parent or legal guardian must execute all Prize Claim Documents and accept the Prize on the potential Prize winner’s behalf. If any potential Prize winner (or a parent or legal guardian of any potential Prize winner, if and as applicable) fails or refuses to sign and return all Prize Claim Documents within five (5) days of Prize notification (or such shorter time as exigencies may require), the potential Prize winner may be disqualified and an alternate winner may be selected.
All information of the applicable potential Prize winner must match the records maintained by Sponsor in order for the subject Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Each Response will be deemed submitted by the person under whose Entry E-mail Address the Response was submitted, regardless of who actually submitted the Response.
GENERAL PRIZE CONDITIONS; TAXES: All Prize selection results are final and binding, subject to these Official Rules. In the event an Entry is discovered to be invalid for any reason whatsoever or the person who submitted the Entry fails to comply with these Official Rules prior to delivery of the Prize, the Prize may be forfeited and awarded to an alternate potential Prize winner as selected randomly by Sponsor. No cash alternative or substitution of Prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute Prize(s) of comparable value, in whole or in part, for any reason. All details of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any Prize pictured in advertising and other Sweepstakes-related materials is for illustrative purposes only. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY LOCAL, STATE AND/OR FEDERAL INCOME TAXES OR OTHER TAXES THAT MAY APPLY IN CONNECTION WITH ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. SPONSOR RESERVES THE RIGHT TO WITHHOLD TAXES FROM THE WINNING PRIZE, AS APPROPRIATE. Sponsor reserves the right to file a form 1099-MISC for the Prize winner.[YOU MUST FILE A FORM 1099-MISC FOR EACH PRIZE WINNER WHERE THE PRIZE IS ABOVE THE DOLLAR AMOUNT THRESHOLD]
ODDS OF WINNING: The odds of winning depend on the total number of eligible Entries received.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Sweepstakes Entities, Facebook® and Twitter® (collectively, the “Released Parties”): (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession, use, or misuse of any Prize; and (b) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any Prize including, without limitation, regarding such Prize’s quality or fitness for a particular purpose. Entrants hereby release the Released Parties from and against any liability including, without limitation, liability for any property damage, property loss, bodily injury, or death resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession, use, or misuse of any Prize. Entrants will indemnify, defend and hold harmless the Released Parties from and against all third party claims arising from or relating to entrant’s participation in the Sweepstakes. Sponsor assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing Sweepstakes-related websites or participating in the Sweepstakes, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for: (i) incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen Entries or Prize notifications; (ii) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; (iii) miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, cable transmissions or other communications; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or (iv) for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right, in its sole discretion, to disqualify any individual who is found to be: (A) tampering with the Entry process or the operation of the Sweepstakes or Sweepstakes-related websites; (B) acting in violation of these Official Rules; (C) acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten, or harass any other person; and (D) Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible Entries are received or Sponsor is prevented from awarding Prize(s) or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, Covid-19 or any similar virus, pandemic or disease, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated for Force Majeure before the end of the Sweepstakes Period, Sponsor will (if possible) select winners from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. 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.
PUBLICITY RELEASE: Other than for residents of the State of Tennessee and where otherwise prohibited by law, By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Sweepstakes, each entrant irrevocably grants the Sweepstakes Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, image, and biographical information in any and all media for any purpose including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes and hereby releases the Sweepstakes Entities from any liability with respect thereto.
INTELLECTUAL PROPERTY: The Official Rules and all related web pages and content are the property of the Sponsor or authorized third party. The copy or unauthorized use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
CHOICE OF LAW/DISPUTE RESOLUTION: These Official Rules shall be treated as though they were executed and performed in Tangible Play Inc., 195 Page Mill Road #105 Palo Alto, CA 94306 and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Sweepstakes and/or these Official Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Sweepstakes, the Prizes, the terms and conditions of these Official Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in Tangible Play Inc., 195 Page Mill Road #105 Palo Alto, CA 94306, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here[INSERT HYPERLINK TO DOCUMENT][this should be a simple form that the user can print out and send to you. if you like, we can draft this for you. it should only take me about 15 minutes]. The Released Party(ies) named in your Initial Dispute Notice may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Released Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Released Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. [PLEASE NOTE, THE WORD “HERE” IS HYPERLINKED TO THE APPROPRIATE AAA FORM] For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Released Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Released Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Released Party(ies) may have a right to an award of attorneys’ fees and expenses if Released Party(ies) prevail(s) in arbitration, the Released Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Released Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Released Party(ies) incur(s) in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Sweepstakes.
WINNERS LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Sweepstakes Period) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: [Tangible Play Inc., 195 Page Mill Road #105 Palo Alto, CA 94306]. Please specify “winners list” or “Official Rules” and the name of the Sweepstakes in your request.