World Kindness Day Promotion
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOKTM, TWITTERTM, OR INSTAGRAMTM. FAILURE TO COMPLY WITH THESE RULES AND/OR APPLICABLE FACEBOOK, TWITTER, OR INSTAGRAM RULES, POLICIES AND PROCEDURES WILL VOID AN ENTRY.
You (“You”, “Entrant”, or “NOMINEE”) agree that, by completing an entry form, YOU ARE ENTERING THE PROMOTION AND AGREEING TO BE BOUND BY THESE OFFICIAL RULES, THE ELIGIBILITY REQUIREMENTS, AND THE DECISIONS OF SPONSOR, WHICH ARE FINAL.
Promotion Period. The entry period for the World Kindness Day Promotion (the “Promotion”) begins November 13th, 2020 at 09:00:00 am (Pacific Time) and ends on November 15th, 2020 at 11:59:59 pm (Pacific Time) or while Prizes last (the “Promotion Period”). The Sponsor’s time clock will be the official time keeping device for this Promotion. All entries must be received by 11:59:59 pm (Pacific Time) on November 20th, 2020.
Sponsor. This Promotion is sponsored by Sanrio, Inc. (“Sanrio” or “Sponsor”), 2050 W. 190th Street, Suite 205, Torrance, CA 90504.
Eligibility. This Promotion is open to current legal residents of the United States and the District of Columbia (excluding Puerto Rico, Guam and all other U.S. and foreign territories and possessions not mentioned herein), who are at least eighteen (18) years of age or older and above the age of majority in their home state of residence as of November 13th, 2020 Employees of Sanrio, Inc., and any affiliates, agents, or any promotion or advertising company doing business with any of the above or involved in the administration of the Promotion, and their immediate family members (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses) and persons living in the same household with them (whether or not related), are not eligible to enter or win. VOID WHERE PROHIBITED.
By participating in the Promotion You (a) acknowledge compliance with these Official Rules; (b) represent and warrant that You meet all the eligibility criteria set forth in these official rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to indemnify, defend, release, and hold harmless Released Entities from and against any and all damages, claims and liability (including attorney’s fees and costs) arising out of or relating in any way to entrant’s participation in Promotion and acceptance or use of any Gift (hereinafter defined) and to release all rights to bring any claim, action or proceeding against Released Entities. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or damage of any kind, or any other harm, suffered directly or indirectly arising from or in connection with Entrant’s participation in and/or entry into the Promotion or the receipt or acceptance, redemption, possession, use or misuse of the Gift, and for any claim including claims based on merchandise delivery, defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related or other cause of action.
How To Enter. During the Promotion Period, Entrants shall visit https://www.sanrio.com/pages/world-kindness-day and follow these instructions:
Step 1: You (the “Nominee”) complete the form in its entirety.
Step 2: Once the completed form is received, the Nominee will receive a small gift from Sanrio.
Limit. A Nominee may only enter one (1) time. Nominee’s Promotion Entry will be determined as received according to Sponsor’s time clock. No entries will be accepted except by the means outlined above. Use of false identifying information, multiple accounts, or a false email account will disqualify Entry upon discovery by Sponsor. The use of scripts or any automated system to enter is strictly prohibited. Sponsor, in their sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of Sponsor’s social media webpages or other websites, or who otherwise violates these rules.
Selection of Gift Recipient. The first 500 Nominees to complete the entry form with valid information will receive a Gift. Sanrio reserves the right, but is not obligated, to deliver Gifts to additional Nominees if available. The distribution of Gifts will be conducted by Sponsor or its designee, whose decision is final and binding. All Gifts will be awarded.
Prize (aka Gift). The Gift will consist of a Hello Kitty® Vinyl Figure. (Gift is not intended for retail; product intended for promotional use only) A maximum of 500 Gifts will be distributed. The Prize is non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded. Prize may not be exchanged for cash value or substituted, except that Sponsor reserves the right in its sole discretion to substitute with either the cash value of the prize, or a prize or prizes of equal or greater value. All Prizes will be awarded. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
GENERAL CONDITIONS FOR PROMOTION
Use of a false email account or other inaccurate entry information will disqualify an Entry upon discovery by Sponsor. ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBPAGES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BY A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM YOU TO THE FULL EXTENT ALLOWED BY LAW. Sponsor further reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Promotion, or with the intent to annoy, abuse, threaten or harass any other person, and to seek damages or other remedies to the full extent allowed by law.
General Conditions/ Releases/ Disputes. Sponsor may, to the maximum extent permitted by applicable law and in its sole discretion, cancel, suspend, terminate or modify this Promotion if it cannot be completed as planned due to computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures, Force Majeure, or other conditions beyond Sponsor's control, and, if feasible, to select a winner from eligible, salvageable and non-suspect entries received on or before the termination date. Inclusion in such modified procedure shall be each entrant’s sole and exclusive remedy under such circumstances. In no event will more than the stated number of Prizes be awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. The invalidity or enforceability of any provision of these Official Rules shall not affect the validity or enforcement of any other provision.
Entrants acknowledge that Sponsor and/or the other Released Entities do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the Promotion or any Prizes. All prizes are awarded AS IS. All Entrants acknowledge that the Released Entities are not responsible for and shall not be liable for: (i) Entries that are lost, misdirected, unintelligible, corrupted, incomplete, late, or otherwise not in compliance with these rules; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an Entrant’s or other person’s computer related to or resulting from participating in the Promotion, or accessing or downloading materials relating to the Promotion; (iv) any conditions caused by events beyond the control of the Released Entities (as defined herein) that may cause the Promotion to be disrupted or corrupted; (v) any losses, injuries, or damages of any kind resulting directly or indirectly from participation in the Promotion and/or acceptance, use, or misuse of any prize awarded in the Promotion or any prize-related activity; or (vi) any printing or typographical errors in any materials relating to the Promotion.
BY PARTICIPATING IN THIS PROMOTION, ALL ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR, FACEBOOK, TWITTER, AND INSTAGRAM, AND EACH OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, DISTRIBUTORS, DEALERS, AND VENDORS, AND THE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES OF ALL SUCH COMPANIES (COLLECTIVELY “THE RELEASED ENTITIES”) FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS OR PROCEEDINGS OF ANY KIND AND FROM ANY AND ALL LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (A) YOUR PARTICIPATION IN THIS PROMOTION, (B) ANY BREACH OR ALLEGED BREACH BY THE ENTRANT OF ANY OF THE WARRANTIES, REPRESENTATIONS, AGREEMENTS, REQUIREMENTS, OR TERMS OF THESE OFFICIAL RULES, OR (C) ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE OR PRIZE-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
AS A CONDITION OF ENTERING THE PROMOTION, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR SELECTED BY AND IN ACCORDANCE WITH THE EXPEDITED RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), WHICH MAY BE FOUND ON AAA’S WEBSITE AVAILABLE AT HTTPS://WWW.ADR.ORG/SITES/DEFAULT/FILES/COMMERCIALRULES_WEB_FINAL_1.PDF. IF AAA IS NOT AVAILABLE FOR ANY REASON OR REFUSES TO ADMINISTER THE ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE TO SELECT AN ARBITRATOR UNDER THE RULES OF ANOTHER ALTERNATIVE DISPUTE RESOLUTION PROVIDER; (III) AT ENTRANT’S REQUEST, SPONSOR WILL ADVANCE THE COST OF THE INITIAL FEES ASSOCIATED WITH ARBITRATION, PENDING THE ARBITRATOR’S DETERMINATION OF ENTRANT’S ABILITY TO PAY AND THE APPROPRIATE DISTRIBUTION OF FEES; (IV) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES; (V) ANY ARBITRATION UNDER THIS ARBITRATION CLAUSE SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET. SEQ.), AND NOT BY ANY STATE LAW CONCERNING ARBITRATION, EXCLUSIVE OF ANY CONFLICT OR CHOICE OF LAW RULES. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA IN RENDERING AN AWARD; (VI) THE PARTIES CONSENT TO EXCLUSIVE PERSONAL JURISDICTION IN CALIFORNIA; (VII) ANY AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AS A JUDGMENT IN ANY FEDERAL DISTRICT COURT WHERE EITHER THE ENTRANT OR SPONSOR RESIDES; AND (VIII) IF ANY PART OF THIS ARBITRATION CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHT IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION CLAUSE SHALL BE UNENFORCEABLE.
No Endorsement from Instagram, Facebook, and Twitter (collectively, “Social Media Sites”). This Promotion is in no way sponsored, endorsed or administered by, or associated with the Social Media Sites. Other than applying for an Instagram, Facebook, or Twitter account, any information you provide in connection with the Promotion is to Sponsor and not to Social Media Sites. Please see section below. You understand that by using and interacting with the Social Media Sites, you are subject to the terms, conditions, and policies that govern the use of that site. You should therefore review the applicable terms and policies for Instagram and the other Social Media Sites, including privacy and data gathering practices, before using or interacting with these sites.
Privacy. Other than an application for an Instagram, Facebook, or Twitter account and any information publicly posted by Entrant in connection with an Entry, all information submitted in connection with this Promotion will be treated in accordance with these Official Rules. You understand that you are providing your Entry information to Sanrio and not to Social Media Entities. The information you provide will only be used by Sponsor and/or the Promotion Administrators to administer this Promotion, including for verification of eligibility to participate in the promotion and for prize fulfillment purposes as needed.
Publicity: By participating in this Promotion and/or accepting a prize, each entrant gives permission to Sponsor to use his or her name, photograph, voice, biographical information, and likeness, in any and all media, for advertising and promotional purposes, without further compensation or notice, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line, unless prohibited by law.
Name of Winner and/or list of Official Rules. For the list of winners and/or a copy of these official rules, send a self-addressed envelope for receipt by December 31st, 2020 to: “World Kindness Day Promotion: Rules and Winners List”, Sanrio, Inc. 2050 W. 190th Street, Suite 205, Torrance, CA 90504. Vermont residents may omit return postage.
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