“B. Quote of the Summer” Official Contest Rules and Regulations
NO PURCHASE NECESSARY TO ENTER OR WIN. Having funny kids helps, though. Sponsor: Battat Incorporated, 1560 Military Turnpike, Plattsburgh, New York 12901.
ELIGIBITLITY: Legal residents of the 50 States of the United States, and the District of Columbia, 18 years of age or older. Employees, officers and directors of the Sponsor and their immediate family members are not eligible to participate. We’re all happy the people who wrote these rules won’t be entering quotes. Void where prohibited.
REQUIREMENTS: No jumping on the bed! Wait, wrong rules. Entrants agree to be bound by these Official Contest Rules (hereafter “the Rules”). Submitted Quotes must not contain material that violates or infringes the rights of another, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Quotes must not contain trade names (other than B. toys of course) or trademarks of others. By entering, you agree that your Quote and Submission does not violate or infringe the rights of another and that Sponsor’s use, for any and all commercial purposes, with and without your name or that of the child whose Quote is submitted, is not an infringement of intellectual property rights, rights of privacy, publicity, copyright, trademark or rights of attribution. Sponsor reserves the right, in its sole discretion, to reject and/or disqualify any Quotes that Sponsor deems, in its sole discretion, to be obscene, defamatory, profane, offensive, lewd, false, misleading, deceptive, or otherwise inconsistent with Sponsor’s standards or reputational interests or that Sponsor believes may violate any applicable law or regulation or the rights of Sponsor or any third party. Or if it’s just not nice. We’ll throw all of those out, too.
Sponsor also reserves the right in its sole discretion to disqualify any Quote or submission that Sponsor finds to be acting in violation of these official rules or in an unsportsmanlike, unfair, or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest may be a violation of criminal or civil law, and , should such an attempt be made, Sponsor reserves the right to seek damages from any person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision with respect to another violation.
PRIZE: Three Hundred Dollars ($300) US worth of B. toys to the Quote which has the most number of Likes (“the Winner”) as determined by Facebook and Three Hundred Dollars ($300) US worth of B. toys to the Winner for giving to a qualified US charitable organization (which must be listed on www.irs.gov/charities/article/0..id=96136.00.html.) In other words, it can’t be your cousin’s friend. It has to be a real charity. The charitable organization must be located in the U.S. and registered as a 501(c)(3) organization which is defined as an organization that is charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and/or preventing cruelty to children or animals. No substitutions, cash redemption or transfer of a prize by a Winner is permitted. Prizes are awarded “as is” with no warranty or guarantee, express or implied. Entrants understand that Sponsor is not liable for injuries, losses, or damages of any kind arising from participation in this contest and acceptance, possession and use of prize. All federal, state and local taxes are the sole responsibility of the Winner(s).
GOVERNING LAW/JURISDICTION: If you’re the type who likes to tell on others, read this part. The contest and these Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York without giving effect to any principles of conflicts of law of any jurisdiction. The New York courts (state and federal) shall have sole jurisdiction of any controversies regarding the Contest and interpretation and application of these Rules. Each Quote submitter waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of those courts. Except where prohibited, by participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or the awarding or failure to award any and all prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (c) under no circumstances will any entrant, submitter, and participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and also waives any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
RELEASES: Submitters of Quotes, Entrants and Winners, by participating in this contest, hereby waive and release, and agree to hold harmless Sponsor, its affiliated companies, advertising, promotion or production agencies and all of their respective officers, directors, representatives, agents and employees (collectively, “Released Parties”) from and against, any and all rights, claims and causes of action whatsoever that they may have or which may arise against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, and/or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of any prize, or their participation in this contest, or any prize-related activity. Submitter of Quotes, Entrants and Winners agrees that Sponsor may use their first name, prize information and/or Quotes submitted and have the same attributed to Entrant, Quote Submitter or Winner and/or relating to Sponsor or to this Contest for advertising, publicity and promotional purposes in any and all media without further notice, permission and/or compensation. If you’re in the Witness Protection Program, you might not want to enter.
WINNER NOTIFICATION: Sponsor will determine the Winner by the arithmetic most number of LIKES entered on B. Toys Facebook page as of 11:59 p.m. September 6, 2010. (Of course, as stated in the shorter version of the Contest Rules, if there is a equal number of LIKES for 2 or more quotes, the Prize will be divided equally between all winners.) The winner will be notified within five (5) business days via the email address entered with the winning quote. The Winner must respond to such Notice by Sponsor and notify Sponsor of Winner’s selected qualifying charitable organization (as set forth above) within five (5) business days. If the Winner does not respond within such period of time, such Winner may be disqualified and another winner may be selected or Sponsor will select a qualifying charitable organization of its own choice. Further, if a Winner is found to be ineligible or not in compliance with these Rules, the Prize(s) will be forfeited and may be awarded to an alternative winner as selected by random or by the second most number of LIKES, as Sponsor solely determines.
OTHER: Sponsor assumes no responsibility for those entries for which it is unable to process due to network, length of Quote, font, hardware or other technical failures; or any other reason. Sponsor reserves the right, in its sole discretion to disqualify any person tampering with the entry process or otherwise in violation of these Rules. It’s like the smoke detector in the airplane lavatory. No tampering. If for any reason the Contest is not capable of proceeding or running as planned by Sponsor, including but not limited to any technical difficulties or any other cause beyond the reasonable control of the Sponsor, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and to give any qualified charitable organization all Prizes otherwise intended to be distributed hereunder. The B. Quote of the Summer Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants in the B. Quote of the Summer Contest agree to fully and unconditionally release and hold Facebook harmless for all claims and causes of action.
Any questions, comments or complaints regarding the Contest should be directed to B. by email at moderator@justb-byou.com
PLEASE: Submit quotes that are shorter and cuter than these rules.