NO PURCHASE NECESSARY TO ENTER OR WIN OR TO CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Toothhugger Giveaway (the “Promotion”) is sponsored by Fridababy LLC, with a principal place of business at 82 NE 26th Street, Suite 101, Miami FL 33137. (“Sponsor”). By entering the Promotion, each participant agrees to be bound by these Official Rules (the “Rules”).
1. PROMOTION PERIOD. The Promotion begins on November 28, 2020 (the “Promotion Start Date”) and ends at 11:59pm EST on December 11, 2020 (the “Promotion End Date”) (collectively, the “Promotion Period”).
2. ELIGIBILITY. The Promotion is only open to legal residents of the United States who are at least 18 years old at the time of entry (or such other age of majority in such individual’s state). Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Promotion, each participant accepts these Rules, agrees to be bound by the decisions of Sponsor and warrants that s/he is eligible to participate in the Promotion. Employees, independent contractors, officers, and directors of Sponsor and its affiliates, subsidiaries, agencies, suppliers, retailers, representatives, and legal advisors, and their immediate family members and persons living in the same household as the foregoing are not eligible to participate in the Promotion. PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
3. HOW TO ENTER. To enter: (1) create a photo or video of your child’s tooth brushing routine (the “Content”), and (2) publicly post the Content to Instagram or TikTok using #ToothhuggerGiveaway, all during the Promotion Period. Limit one (1) entry per person.
4. PRIZES. Each winner will receive a prize consisting of four (4) SmileFrida Toothhugger toothbrushes. Total approximate retail value of all prizes is $32.00. Sponsor reserves the right to substitute prizes of equal or greater value; no other substitution, cash equivalent or transfer of prizes allowed. Sponsor is responsible only for prize delivery, and is not responsible for prize utility, quality or otherwise. Winners will be solely responsible for all other expenses not specifically set forth herein.
5. WINNERS. There will be four (4) winners. All winners will be chosen at random among all eligible entries received during the Promotion Period and will be notified in Sponsor’s Instagram stories on December 12, 2020 at 6pm EST. Odds of winning will depend on the number of eligible entries received. In the event a winner does not respond to Sponsor’s notification within seven (7) days or does not accept the prize, the winner is ineligible, or the prize or prize notification is not deliverable, then the winner will forfeit his/her prize and an alternate winner will be selected. Winners agree to Sponsor’s use of the winners’ name, address, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.
6. WINNERS LIST. To obtain the first name, last initial, city and state of the Promotion winners after the Promotion End Date, send a separate self-addressed, stamped envelope marked “SmileFrida Giveaway Winners List” to the Sponsor at the address listed at the beginning of these Rules, Attn: Marketing (Vermont and Washington residents do not need to include return postage). Requests for winners list must be received no later than 90 days after the Promotion End Date.
7. RIGHT TO USE CONTENT. By entering the Promotion, each participant (a) grants Sponsor, for no further consideration, a royalty-free, irrevocable, worldwide, perpetual license to copy, modify, distribute, perform, and display the Content on Sponsor’s owned and controlled digital platforms, including Sponsor’s websites and social media platforms, and (b) represents and warrants that Sponsor’s use of the Content pursuant to subsection (a) will not violate or infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party.
8. RIGHT TO CANCEL. Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Promotion should any unauthorized human intervention or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. By participating in the Promotion, each participant acknowledges that Sponsor’s decisions are final on all matters relating to the Promotion, including any decisions to suspend, modify, or cancel the Promotion, or disqualify a participant or winner pursuant to Section 8 below.
9. DISQUALIFICATION. A participant or winner will be disqualified and ineligible to receive a prize (or will be obligated to return a prize, as applicable), if Sponsor reasonably suspects or becomes aware (as decided by Sponsor in its sole discretion) that the participant/winner (a) does not meet the eligibility requirements under Section 2 of these Rules, (b) is interfering with the administration, security, or fairness of the Promotion, (c) acts in an unsportsmanlike or disruptive manner, or with any intent to annoy, abuse, threaten or harass any other participant or person, or (d) is otherwise violating these Rules, the policies or rules of Instagram or TikTok, or applicable law. Any attempt to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil law, and Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Rules and/or criminal and/or civil law. Sponsor’s failure to enforce any terms of these Rules shall not constitute a waiver of the preceding sentence.
10. DISCLAIMERS. Sponsor and its agents, directors, officers, shareholders, employees, insurers, servants, affiliates, predecessors, successors, representatives, contractors, agencies, and legal advisors (the “Released Entities”) are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to (a) any condition caused by events beyond the control of Sponsor, or (b) the Promotion, including without limitation: (i) lost or stolen entries, (ii) malfunctions, failures, or difficulties of any kind, whether human or technical, (iii) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion, or (iv) any printing or typographical errors in any materials associated with the Promotion. The promotion is in no way sponsored, endorsed, administered by, or associated with Instagram or TikTok, and Participant hereby releases Instagram and TikTok from any liability in connection with the Promotion.
11. RELEASE. By participating in the Promotion, participants and winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, the prize, or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity.
12. DISPUTES. Any disputes relating to this Promotion shall be resolved individually (without resort to any form of class action), and shall be governed by Florida law, without giving effect to any choice of law or conflict of law rules. The state or federal court in Miami-Dade County, Florida will be the jurisdiction in which any suits should be filed if they relate to the Promotion or these Rules.
(c) 2020 Fridababy, LLC. All rights reserved. FRIDABABY and its logos and other trademarks are registered trademarks of Fridababy, LLC. Any other trademarks and logos in these Rules are used for identification purposes ONLY and are the properties of their respective owners.