Viacom – Nickelodeon Toy Run Family Style At Walmart Sweepstakes
“Nickelodeon Toy Run: Family Style at Walmart”
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A purchase will not increase your chances of winning. Void outside the forty-eight (48) contiguous United States and the District of Columbia, and void in Alaska, Hawaii, Puerto Rico and where prohibited or restricted by law. You must have your parent or legal guardian’s permission prior to entering. Many will enter, few will win.
Sponsor: Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.
Administrator: Marden Kane, Inc., 575 Underhill Boulevard, Suite 222, Syosset, NY 11791.
The Sweepstakes begins at 12:00:01 a.m. (Eastern Time [“ET”]) on October 15, 2018 and ends at 11:59:59 p.m. ET on November 4, 2018 (the “Sweepstakes Period”). Sponsor’s computer will be the official time keeping device for the Sweepstakes.
To enter the Sweepstakes, you must be: (i) a legal resident of one (1) of the forty-eight (48) contiguous United States or the District of Columbia (the “Eligibility Area”), and (ii) either between the ages of six (6) and twelve (12) years old at the time of entry or the parent or legal guardian of a child between the ages of six (6) and twelve (12) (“Parent”) at the time of entry (each an “Entrant”, collectively the “Entrants”). All Entrants who have not reached the age of majority in their state of residence (a “Minor”) must have the permission of his/her Parent prior to entry and such entry shall be deemed submitted by the Parent and shall be treated as if the Parent had made such entry and if chosen as a winner, the prize will be awarded in the name of his/her Parent. Employees of Sponsor, Administrator, Walmart Inc. (“Walmart”) all prize providers associated with the Sweepstakes, and all of their respective affiliates, parent, and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies (collectively, the “Sweepstakes Entities”), and each of their respective officers, directors, licensors, employees, representatives and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those winners who have won a prize in any Sponsor-related sweepstakes and/or contest in the twelve (12) months prior to the start of the Sweepstakes Period are ineligible to participate in this Sweepstakes. Eligibility will be determined by Sponsor and/or Administrator in its/their sole discretion. By participating in the Sweepstakes, each Entrant and his/her Parent agrees to these Official Rules and all the decisions of Sponsor or Administrator, which are final and binding in all respects.
3.HOW TO ENTER
4.LIMITATION ON ENTRIES
Limit one (1) entry per calendar day per person/household/email address. A “calendar day” is defined as the 24 hours between 12:00:00 a.m. ET and the following 11:59:59 p.m. ET. Any attempt by any Entrant to obtain more than the stated number of entries by using same or multiple/different email accounts or any other method of entry will void all of that Entrant’s entries and that Entrant will be disqualified. Entries that have been tampered with or altered shall be rendered void. Sponsor is not responsible for any problems or technical 1155799v1B 2 malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer on-line systems, servers or providers, computer equipment, software, failure of Entrants on account of technical problems or traffic congestion on the internet or at any web site or any combination thereof, including injury or damage to Entrants or to any other person’s computer related to or resulting from participating or downloading materials contained in this Sweepstakes. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at their sole discretion to cancel, terminate, modify or suspend the online portion of the Sweepstakes. Should the Sweepstakes be terminated or cancelled prior to the stated expiration date, notice will be posted on the Sweepstakes Site, and any entries received prior to the termination or cancellation will be included in the drawing. In the event that there becomes a dispute over who submitted a winning entry, entries will be declared made by the authorized account holder of the e-mail address used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the e-mail address. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. It is solely the responsibility of the Entrant to notify Sponsor in writing if the Entrant changes his or her e-mail address during the Sweepstakes Period. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Multiple Entrants are not permitted to share the same email address. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s and/or Administrator’s discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules will be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.
Opt out: The Parent of any Minor Entrant will be sent an initial e-mail notification advising Parent that his/her child has registered at the Sweepstakes Site for entry into the Sweepstakes, and will be provided with the option to withdraw the entry. If the option to withdraw is not exercised within the time period indicated on such notice, the entry will be deemed submitted.
5. DRAWING AND NOTIFICATION
Administrator will conduct a random drawing on or about November 5, 2018 to select three (3) potential Grand Prize and ten (10) potential First Prize (as both preceding capitalized terms are defined below) winners (each a “Potential Winner”, collectively the “Potential Winners”). Each Potential Winner will be notified by email on or about November 5, 2018 and must respond to the notification within twenty-four (24) hours or be subject to disqualification and another Potential Winner will be selected from the remaining eligible entries received during the Sweepstakes Period, if time permits. Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period.
6. QUALIFICATION OF WINNER
Before a Potential Winner will be deemed an official Sweepstakes winner (each an “Official Winner”, collectively the “Official Winners”), he/she (and his/her Parent if such Potential Winner is a Minor) will be required to execute and return an Affidavit of Eligibility, a Liability Release/Publicity Release (except where prohibited) (collectively referenced herein as the “Affidavit/Release”) and any other legal documents that Sponsor and/or Administrator may require, including, but not limited to, a W-9 tax form, within two (2) days from the date Administrator sends such documents to the Potential Winner or be subject to disqualification. The Potential Winner must be able to provide proof that the Potential Winner is eligible to be deemed an Official Winner to Sponsor and/or Administrator’s satisfaction. If the documents are not returned within that time, or Potential Winner or Official Winner is found to be ineligible, or does not comply with the Official Rules, then he/she will be disqualified and an alternate Potential Winner may be selected. A prize notification being returned as undeliverable will result in disqualification of such entry. All travelers must sign an Affidavit/Release prior to ticketing. 1155799v1B 3 As condition for Winner, Participant (as defined below) and/or Guest to participate in the Toy Run (as defined below) portion of the Grand Prize: (a) Winner and/or Participant (and Participant’s Parent if Participant is a Minor) must complete and submit certified employment eligibility documentation in compliance with applicable laws and regulations (e.g., obtaining a California work permit for a minor prior to accepting the Grand Prize, etc.) and obtain all necessary permissions and permits to work; (b) Winner and/or Participant (and Participant’s Parent if Participant is a Minor) will be required to fill out, sign and agree to all of the terms and conditions contained in Sponsor’s required forms including, but not limited to, Sponsor’s on-camera appearance release and parental agreement (and Winner/Participant and his/her Parent must agree that the forms may be court approved); and, (c) Winner and/or Participant must follow all directions given by Toy Run producers, stage managers and other production personnel at all times while on set so that production can proceed safely and smoothly. Notwithstanding anything to the contrary set forth in these Official Rules, Sponsor shall have no obligation to (x) use or continue to use the Winner’s and/or Participant’s services or appearance in connection with the on-camera portion of the Toy Run and the Winner and/or Participant shall not be entitled to any damages in the event Sponsor makes such election; and/or (y) develop, produce, exhibit, distribute, advertise or otherwise exploit recordings of the Toy Run or the Winner’s and/or Participant’s appearance and the Winner and/or Participant shall not be entitled to any damages in the event Sponsor makes such election.
Three (3) grand prizes (each a “Grand Prize”, collectively the “Grand Prizes”) and ten (10) first prizes (each a “First Prize”, collectively the “First Prizes”) are available to be awarded in this Sweepstakes. The Grand Prizes and First Prizes are respectively described in detail as follows:
Each Grand Prize includes a trip package (“Trip Package”) for the Grand Prize winner (each a “GP Winner”, collectively the “GP Winners”) and up to three (3) guests (one of whom must be: [i] GP Winner’s Parent if GP Winner is a Minor, or [ii] GP Winner’s child between the ages of six  and twelve  years old [“Child”] if GP Winner is a Parent) (each, a “Guest”, collectively the “Guests”) to a Walmart location (as solely determined by Sponsor) in order for the GP Winner (or GP Winner’s Child if GP Winner is a Parent) (the “Participant”) to participate in a limited time and capped value toy run as further described below (the “Toy Run”). Any Minor Guest must be accompanied by their parent or legal guardian, whether it is the GP Winner or the remaining Guest. The Grand Prize shall consist of the following components: (i) roundtrip ground transportation for GP Winner and up to three (3) Guests to a Walmart location (as solely determined by Sponsor) in order for Participant to participate in the Toy Run; (ii) opportunity for Participant to participate in a timed Toy Run up to three minutes (3:00) in duration and capped at a maximum value not to exceed Three Thousand Dollars ($3,000.00), provided Participant shall be afforded two (2) power-up opportunities as follows (A) additional five second (:05) increment added to total Toy Run time upon each of Participant’s acquisition of one (1) of five (5) specially marked items during the Toy Run, and (B) a fifteen second (:15) tag-in period for one (1) Guest (or GP Winner if they are Participant’s Parent) to assist Participant in the Toy Run at Participant’s request. All rules governing the conduct and administration of the Toy Run are subject to change and shall be relayed to Participant by Sponsor’s on-site representative at the Toy Run; (iii) five hundred dollars ($500.00) in spending money for GP Winner in the form of a check, and (iv) free shipping of Toy Run acquired toys to GP Winner’s residence.
Total Approximate Retail Value (“ARV”) of each Grand Prize is $6,200.00; the total ARV for all Grand Prizes this Sweepstakes is $18,600.00.
Each First Prize winner (each a “FP Winner”, collectively the “FP Winners”) shall be awarded one (1) five hundred dollar ($500.00) Walmart gift card (subject to the terms and restrictions of Walmart as the gift card issuer).Total ARV for each First Prize is $500.00; the total ARV for all First Prizes is $5,000.00.
The GP Winners and FP Winners may be collectively referenced herein as the “Winners.” The Grand Prizes and First Prizes may be collectively referenced herein as the “Prizes.” The total ARV for all Prizes in the Sweepstakes is $23,600.00.
8. PRIZE RESTRICTIONS. Each GP Winner and his/her Guests must be able to travel between December 3, 2018 and December 12, 2018 or GP Winner agrees to forfeit the Grand Prize in its entirety and Sponsor may elect to award the Grand Prize to another Potential Winner, time permitting.
Each GP Winner and his/her Guests must be able to travel on dates to be determined by Sponsor. Exact dates of travel to be determined at Sponsor’s sole discretion. Sponsor may change travel dates at its sole discretion.
If a GP Winner resides outside a fifty (50) mile radius of the nearest Walmart location or at Sponsor’s sole determination, in lieu of the round trip ground transportation portion of the Trip Package, such GP Winner(s) and Guests may receive (as solely determined by Sponsor) round-trip airfare transportation of Sponsor’s choice for GP Winner(s) and Guests from the major airport nearest to GP Winner’s residence (as solely determined by Sponsor) to a Sponsor determined Walmart location within the Eligibility Area (the “Air Travel Option”). An IRS Form 1099 may be issued in the name of GP Winner (or GP Winner’s Parent if Winner is a Minor) for the actual value of the Grand Prize received. ARV of the Trip Package may vary depending on point of departure, travel dates and fare/rate fluctuations. Trip Package is subject to certain restrictions and exact travel times and arrangements are subject to capacity controls, availability, blackout dates and certain other restrictions, all of which are subject to change. Any person that participates in a Trip Package that is not deemed a Guest must pay his/her own expenses. The difference between the ARV and the actual value of a Trip Package will not be awarded.
In the event the Air Travel Option is exercised by Sponsor, each GP Winner and his/her Guests must possess United States government-approved travel documents and be willing to sign (along with his/her Parent if GP Winner is a Minor) any other legal documents required by Sponsor and/or Administrator. Trip Package is subject to certain restrictions and exact travel times and arrangements are subject to availability. The Released Parties (defined below) are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to a Trip Package. Any and all applicable federal, state, and local taxes (including but not limited to income taxes) and all fees and expenses related to delivery, acceptance, and use of a Trip Package not specifically identified in these Official Rules, including but not limited to, all meals, taxes, gratuities, travel insurance, bag check fees, parking fees, laundry service, food, alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, souvenirs, and other expenses are solely the responsibility of the GP Winner and Guests.
Released Parties (defined below) are not responsible for any mechanical difficulties or failure connected with the Trip Package, or any act or omission whatsoever. Winners may not transfer, give, barter, sell, substitute, or exchange the Prizes for a cash equivalent except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute a Prize or a Prize component with one of equal or greater value if a Prize or a Prize component cannot be awarded as described for any reason. Unused components of a Grand Prize have no redeemable cash value. Sponsor will not replace any lost or stolen Prizes or components of a Prize. Actual value of Trip Package may vary based on form of travel provided and point of departure. Any difference between the ARV and the actual value, if any, of any component of Grand Prize will not be awarded. All airline tickets issued in connection with a Trip Package are not eligible for frequent flyer miles, upgrades and cannot be used in conjunction with any other promotion or offer.
In the event that a Potential Winner chooses not to accept his/her prize, or is unable to be notified, an alternate Potential Winner will be randomly selected from all of the remaining eligible entries submitted during the Sweepstakes Period, if time permits. If GP Winner elects to travel or participate in the Trip Package with fewer than three (3) Guests, no additional compensation will be awarded. If a GP Winner elects to travel or participate in the Trip Package with more than three (3) Guests, such additional guest(s) shall be responsible for any and all costs associated with such travel. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. Lost or stolen tickets, travel vouchers or certificates or similar items, once they are in a GP Winner’s possession, will not be replaced. Travel must be roundtrip. No stopovers are permitted on tickets issued in the Trip Package. If a stopover occurs, the Trip Package will terminate and GP Winner and his/her Guests will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Airline and flight itinerary will be determined by 1155799v1B 5 Sponsor in its sole discretion. All airline tickets issued in conjunction with a Trip Package are not eligible for upgrades. Any unclaimed and/or unused Trip Package or element thereof will be forfeited and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. In the event GP Winner and/or his or her Guest(s) engage in behavior during prize travel and/or other applicable experience that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the Trip Package or other applicable experience early, in whole or in part, and send GP Winner and/or his or her Guests home with no further obligation or compensation whatsoever to GP Winner or his/her Guests. In the event GP Winner or any Guest engages in behavior during travel and/or other applicable experience that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects GP Winner or Guest(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by GP Winner or Guest(s) as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF THE GP WINNER’S OR ANY GUEST’S ACCEPTANCE OR USE OF THE GRAND PRIZE.
9. SWEEPSTAKES CONDITIONS
By submitting an entry in the Sweepstakes, each Entrant (whether they are declared an Official Winner or not and his/her Parent if Official Winner is a Minor) agree (and agree to affirm to such in writing) to: (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this Sweepstakes which decisions are final and binding in all respects; (ii) waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (iii) grant Sponsor (where permitted by law) the right to use Winner’s name, address (city and state only), and biographical information on a worldwide basis, in all forms of media, in perpetuity and for advertising or promotional purposes without review or further compensation; and, (iv) warrant and represent that the use of the materials submitted in this Sweepstakes will not violate the rights of any third parties. Entries must be in keeping with Sponsor’s positive image, as determined by Sponsor and Administrator in their sole discretion. Any materials containing obscenity, crude language, or descriptions of a violent or sexual nature (as defined solely by Sponsor or Administrator) will not be accepted and the associated entry will be disqualified. All federal, state or other tax liabilities (including income taxes) arising from the Prizes contained in this Sweepstakes will be solely the responsibility of the Winners (and his/her Parent if such Winner is a Minor). Receipt of any of the prize components of this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification.
If for any reason the Sweepstakes is not capable of running as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sweepstake Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and conduct a random drawing and select the Winners from among the eligible entries received up to the time of the impairment. In the event a Potential Winner or Official Winner is disqualified for any reason under the provisions of these Official Rules, such Potential Winner or Official Winner and all rights to any Prizes will be forfeited in its entirety and a random drawing will be conducted in order to select an alternate Potential Winner, if time permits.
10. LIMITATIONS OF LIABILITY/RELEASES
By submitting an entry in the Sweepstakes, each Entrant (whether declared an Official Winner or not along with his/her Parent if Entrant is a Minor) agree (and agree to affirm to such in writing) to forever and irrevocably release, discharge, indemnify and hold harmless the Sweepstakes 1155799v1B 6 Entities, and each of their respective officers, directors, licensors, employees, representatives, contractors, and agents (the “Released Parties”) from any liability, claims, demands, and causes of action from personal injury, loss or damage of any kind, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes or the use, misuse or acceptance or possession of the Prizes or any portion thereof, or participation in any Sweepstakes-related activity, access to and use of each website associated with this sweepstakes and/or downloading from such site, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. By participating in this Sweepstakes, Entrants (and Entrant’s Parent if Entrant is a minor) agree that the Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from: (i) any typographical or other error in the publication or printing of the Official Rules, and/or the offering or announcement of any prize; (ii) lost, late, stolen, misdirected, damaged, incomplete or garbled entries; (iii) any error in the collection or retention of entry information, including, but not limited to, incorrect or inaccurate transcription, receipt or transmission of any part of the entry due to human error; (iv) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees; (v) the Sweepstakes and any elements thereof, and the participation or inability to participate in any Sweepstakes-related activity or participation in this Sweepstakes, including, but not limited to, any damage to Entrant’s (or any third person’s) telephone system and/or its contents related to or resulting from any part of the Sweepstakes; (vi) any malfunction of the telephone system, whether technical or due to human error in nature, lost/delayed data transmission, omissions, interruptions, deletion, defect, line failures, postponement, cancellation, or modification of the Sweepstakes, including, but not limited to, interruption or inability to access the Sweepstakes due to hardware or software compatibility problems of any telephone network (TSP), computer online systems (ISP), servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to participants or to any other person’s telephone system related to or resulting from participating; (vii) acceptance, receipt, possession, attendance at, travel related to, defects in, misuse, inability to use, or use of any component of the Prizes including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed prize (or any element thereof); (viii) any change in the prizing (or any components thereof) due to unavailability, any of which is due to reasons beyond Sweepstakes Entities’ control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure including but not limited to overloading of the Sweepstakes Site due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ sole and reasonable control, or as otherwise permitted in these Official Rules; (ix) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (x) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. 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 Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes at random from all legitimate, un-awarded, eligible entries received during the Sweepstakes Period.
In addition, Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by any performer(s)/event(s), air carrier(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the GP Winner’s and his/her Guests’ transportation and such contracts shall be solely between the GP Winner, his/her Guests and such transportation companies. Sweepstakes Entities shall not be parties to such contracts and shall assume no responsibility in such connection. Released Parties shall not be liable for any loss or damage to baggage or the loss, 1155799v1B 7 theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. GP Winner and his/her Guests assume all liability for any injury or damage caused, or claimed to be caused, by participating in this Sweepstakes or use or redemption of a Grand Prize. The Released Parties are not responsible if entry or participation is prevented, or if any Prize cannot be awarded, due to cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism.
WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS
Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor or Administrator find to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserve 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
EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON ANY FORM OF MEDIA) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE SWEEPSTAKES ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE SWEEPSTAKES ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prizes awarded, or the determination of the Official Winner shall be resolved individually, without resort to any form of class action. Entrant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys’ fees and/or experts’ fees and costs. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and Entrant further waives all rights to have damages multiplied or increased.
13. USE OF INFORMATION
14. RULES/ WINNERS LIST
To receive the name of the Winners or a copy of these Official Rules, send a selfaddressed, stamped envelope to: “Nickelodeon Toy Run: Family Style at Walmart” c/o, Marden Kane, Inc., 575 Underhill Boulevard, Suite 222, Syosset, NY 11791 for receipt by January 4, 2019. Please specify “Rules” or “Winners’ Info”. You may also view the Official Rules by visiting the Sweepstakes Site during the Sweepstakes Period.