Tangible Play – Osmo Learning Fund – Win $10000 awarded in the form of a check to the winner

THE OSMO LEARNING FUND SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS
WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIODS: The Osmo Learning FUNd Sweepstakes (The
Sweepstakes) begins at 12:00:00 AM Pacific Time (“PT”) on Monday, October 3, 2022 and ends at
11:59:59 PM PT on Sunday, November 13, 2022 (the “Sweepstakes Period”).
Within the Sweepstakes Period, there are six (6) Entry Periods (each, an “Entry Period”) and (6) six
corresponding Random Drawings (each, a “Drawing”) as defined in the “Entry Periods & Drawings
Schedule” below. Entries must be received during an Entry Period to be eligible for that Entry
Period’s drawing and prize. Non-winning entries for an Entry Period will not roll over to subsequent
Entry Periods. Sponsor’s computer is the official timekeeping device for this Sweepstakes.
ENTRY PERIODS & DRAWINGS SCHEDULE
Entry
Period
#
ENTRY PERIODS
All eligible entries must be
received between: Drawing Date:
On or about:
# of Weekly
Prizes per
Entry Period
Entry Period
Start:
12:00:00 AM
PT on:
Entry Period
End:
11:59:59 PM
PT on:
1 10/03/22 10/09/22 10/11/22 2
2 10/10/22 10/16/22 10/18/22 2
3 10/17/22 10/23/22 10/25/22 2
4 10/24/22 10/30/22 11/01/22 2
5 10/31/22 11/06/22 11/08/22 2
6 11/07/22 11/13/22 11/15/22 2
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the
District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, the
U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Tangible
Play Inc. (the “Sponsor”), Votigo, Inc. (the “Sweepstakes Administrator”) and their respective
subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members
(spouses, parents, children, and siblings and their spouses) of, and/or those living in the same
household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state
and local laws and regulations.
HOW TO ENTER: During the Sweepstakes Period, visit http://playosmo.com/sweepstakes (the
“Website”) and follow all entry instructions to complete the entry form, correctly answer each of the
questions based on the video on the Website, and submit (the “Online Entry”) to receive one (1)
entry into the current Entry Period’s drawing and one (1) entry into the Grand Prize drawing.
Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy
Policy, which can be found at https://www.playosmo.com/en/privacy-policy/.
Upon submitting an Online Entry, entrants will have the opportunity to share the Sweepstakes with
friends using a personalized URL provided on the submission confirmation screen (each, a
“Sweepstakes Share”). For every new individual that enters the Sweepstakes by clicking through
the shared link within the Sweepstakes Share and completing and submitting the entry form, the
referring entrant will receive one (1) bonus entry into the drawing for the Entry Period
corresponding to the time the bonus entry is recorded and one (1) bonus entry into the Grand Prize
drawing (each, a “Bonus Entry”). Note: Distribution to strangers, or any other promotion of the
share post in a manner that would constitute or appear to constitute unsolicited commercial email
or “spam” is expressly prohibited and may be grounds for disqualification from the Sweepstakes
and all associated entries will be void.
Limit: One (1) Online Entry per person during the Sweepstakes Period regardless of
whether entrant has more than one email address. Limit: Ten (10) Bonus Entries per person
throughout the Sweepstakes Period. All entries become the property of the Sponsor and will not
be acknowledged or returned.
Online Entry and Bonus Entry collectively referred to herein as “Entry” or “Entries”.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. Grand Prize consists of $10,000
awarded in the form of a check to the winner. The ARV of the Grand Prize: $10,000.
Weekly Prizes: There are twelve (12) Weekly Prizes available to be won, two (2) per Entry
Period. Each Weekly Prize includes one (1) tablet computer and one (1) Osmo kits and games
package (contents to be determined by Sponsor in its sole discretion). The ARV of the Weekly
Prize: $599 each.
The total ARV of all prizes available to be won: $17,188.
There is a limit of one (1) Weekly Prize per person. Odds of winning a Weekly Prize will depend
upon the total number of eligible entries received for each Entry Period. Odds of winning the Grand
Prize will depend upon the total number of eligible entries for the Grand Prize drawing received
during the Sweepstakes Period.
RANDOM DRAWING: Random Drawings will be conducted by the Sweepstakes Administrator, an
independent representative of the Sponsor, whose decisions are final. The potential Weekly Prize
winners will be selected in a series of random drawings from among all eligible Entries received
within the corresponding Entry Period on or about the corresponding Random Drawing Date
indicated in the Entry Periods & Drawings Schedule in the “Sweepstakes Entry Periods” section of
these Official Rules. The potential Grand Prize winner will be selected in a random drawing on or
about Sunday, November 13, 2022 from among all eligible Entries received during the
Sweepstakes Period.
WINNER NOTIFICATION AND VERIFICATION: Potential Grand Prize winner will be notified by
email and/or phone, and will be required to sign and return, within seven (7) days of notification, an
Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release
(collectively, “the Releases”). These Releases will require the winner to furnish his/her Social
Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will
result in disqualification and an alternate winner may be selected. The prize package will be
awarded within approximately 45 days after the winner is verified.
Potential Weekly Prize winners will be notified via email and required to confirm their mailing
address within 48 hours via return email. Noncompliance will result in disqualification and an
alternate winner may be selected. Prizes will be sent to the address provided within 4-6 weeks of
winner being verified.
If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in
his or her state of primary residence, the prize will be awarded in the name of winner’s parent or
legal guardian who will be required to execute and return the Releases on minor’s behalf, as
applicable.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not
in compliance with these Official Rules, that winner will be disqualified, and the prize may be
awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine
and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a
sufficient number of entries to correspond to the number of prizes available to be awarded,
Sponsor reserves the right to not award such prize(s).
PRIZE CONDITIONS: Prizes are not redeemable for cash, assignable, transferable and may not
be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize
of equal or greater value at its discretion. Any other incidental expenses on prize not specified
herein are the winner’s sole responsibility.
Winner is responsible for all federal, state, local and income taxes associated with winning prize.
Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose
of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use
winner’s name, prize won, hometown, likeness, video recordings, photographs, and statements for
purposes of advertising, promotion and publicity (including online posting) in any and all media now
or hereafter known throughout the world in perpetuity, without additional compensation, notification
or permission.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes
and their agents do not make, nor are in any manner responsible for any warranty, representations,
expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability
of any aspect of the prize being offered, except that each merchandise prize shall be subject to its
manufacturer’s standard warranty (if any). Once the prize has been delivered to the winner’s
provided address, the prize is considered awarded.
GENERAL: Although subsequent attempts to enter on a given day may be received, only the first
complete entry received from a particular entrant will be eligible; subsequent attempts by the same
person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the
Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their
affiliated companies, and all other businesses involved in this Sweepstakes, as well as the
employees, officers, directors and agents of each (the “Released Parties”), from all claims and
liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the
prize offered. Participating entrants assume all liability for and Released Parties shall be held
harmless against any liability for any injury, losses or damages of any kind to persons, including
personal injury or death, or injury to property caused or claimed to be caused in whole or in part,
directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse
of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or
merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing
of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the
“Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account
Holder means the natural person who is assigned to an e-mail address by an Internet access
provider, online service provider, or other organization that is responsible for assigning e-mail
addresses for the domain associated with the submitted e-mail address. Sponsor may ask any
entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party
is the authorized account holder of the email address associated with the entry. Entry
materials/data that have been tampered with or altered, or mass entries or entries generated by a
script, macro or use of automated devices are void. The Released Parties are not responsible for:
(i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion,
defect, delay in operations or transmission, theft or destruction or unauthorized access to or
alterations of entry materials, or for technical, network, telephone equipment, electronic, computer,
hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive
entry information by Sponsor on account of technical problems or traffic congestion on the Internet
or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other
person’s computer related to or resulting from participating in the Sweepstakes. By participating in
the Sweepstakes, entrant (i) agree to be bound by these official rules, including all eligibility
requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes
Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to
comply with these official rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if
any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity
or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the
Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals
from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and
modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner
that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from
among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE
ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO
CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF
GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL
DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A
GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE
BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS
SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND,
INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND
USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING
FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE.
FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS,
DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR
FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE
CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES;
LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT
PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING
ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS,
OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND
EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING
THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO
DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE
OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL
REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY
LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official Rules or the rights and
obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will
be governed by and construed in accordance with the internal laws of the State of California,
without giving effect to any choice of law or conflict of law rules or provisions that would cause the
application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED
BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION
ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED,
WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION;
(B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN
DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR
RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO
OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES
ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET
EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE
LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY
WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT
APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration;
provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the
state and federal courts in Santa Clara County, CA and any other court with jurisdiction over the
parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and
award is final and binding, with limited exceptions, and judgment on the award may be entered in
any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action
or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding
arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc.
(“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date
within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to
have the arbitration administered by the American Arbitration Association (“AAA”) or any other
mutually agreeable arbitration administration service. If an in-person hearing is required, then it will
take place in Santa Clara, CA. The federal or state law that applies to these Official Rules will also
apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be
consolidated with any other proceedings that involve any claims or controversy of another party,
including any class actions; provided, however, if for any reason any court or arbitrator holds that
this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply
and the dispute must be brought in a court of competent jurisdiction in Santa Clara, CA. Sponsor
agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but
specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either
party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to
obtain and deliver his or her name, address and other information to third parties, including
Sweepstakes Administrator, for the purpose of administering this Sweepstakes and to comply with
applicable laws, regulations and rules, including, without limitation, the storing of your personal
information for purposes of complying with state record retention requirements. Any information
entrant provides to Sponsor may be used to communicate with entrant in relation to this
Sweepstakes or on a Sweepstakes winner’s list. Personal information collected from entrants are
subject to the Sponsor’s Privacy Policy, which can be found at
https://www.playosmo.com/en/privacy-policy/.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see
http://playosmo.com/sweepstakes or send a self-addressed, stamped envelope by November 15,
2022, to: The Osmo Learning FUNd Sweepstakes Official Rules Request, PO Box 654, Social
Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after
November 15, 2022), send a stamped, self-addressed envelope (no later than December 13,
2022), to: The Osmo Learning FUNd Sweepstakes Winner Confirmation Request, PO Box 654,
Social Circle, GA 30025-0654.
SPONSOR: Tangible Play Inc., 195 Page Mill Road #105, Palo Alto, CA, 94306.
SWEEPSTAKES ADMINISTRATOR: Votigo, Inc., 1630 30th Street, Suite A 593, Boulder, CO
80301.
Void outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and wherever else
prohibited by law.
All trademarks used herein are the property of their respective owners in the United States and
abroad. All rights reserved.