Ultimate Summer Giveaway Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. Eligibility: The Ultimate Summer Giveaway (“The Giveaway”) is open only to legal residents of the United States, and is void where prohibited by law. Entrants must be 18 years of age to enter. Entrants under 18 should obtain permission from a parent or guardian before entering the giveaway. Employees of YAYOMG!, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of YAYOMG! as final and binding as it relates to the content of this Giveaway.
3. Giveaway Period: Entries will be accepted online starting on June 25, 2018 at 11:00am ET and ending on July 2, 2018 at 11:59pm EST. All online entries must be received by June 2, 2018 at 11:59pm.
4. How to Enter: You may enter the Giveaway by (a) Following @yayomgofficial’s Instagram accounts for the duration of the giveaway. (b) Posting a comment on the Giveaway Instagram post tagging a friend who might like to win between June 25, 2018, at 11:00am ET and July 2, 2018, at 11:59pm ET. The entry must fulfill all Giveaway requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of YAYOMG!. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple Instagram accounts, identities, or devices in an attempt to circumvent the rules. No mechanically reproduced entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of YAYOMG!.
5. Prizes: ONE Winner(s) of the Giveaway (the “Winner”) will receive a Ultimate Summer Prize Pack including (1) DIY Backpack from OMY, (1) Phone Wallet from Monet, (1) Unicorn Pool Float from Big Mouth, (1) Cupcake Beach Blanket from Big Mouth, (3) Tubes of Unicorn Snot Glitter Sunscreen, and (2) Packs of Brooklyn and Bailey Scrunchies. Retail value of the prize approximately $184.47 USD. Actual/appraised value may differ at time of prize award. DIY Backpack from OMY and Phone Wallet from Monet was provided to YAYOMG! by the brands for this giveaway. The prize pack will be mailed to the winner by YAYOMG!The specifics of the prize shall be solely determined by YAYOMG!. No cash or other prize substitution shall be permitted except at YAYOMG!’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for YAYOMG! to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by random drawing under the supervision of YAYOMG!. Winner will be notified by direct message on Instagram within five (5) days following selection of Winner. Prize must be accepted by parent or legal guardian of minor if minor is a prize winner. To claim the prize, the winner must follow the instructions contained in the notification, including submitting the winner’s physical address, phone number, and email address (or, if a minor, their parent’s or legal guardian’s physical address, phone number and email address) to YAYOMG! within 48 hours following notification in the form of an winners affidavit. YAYOMG! will only contact minors once and all giveaway entries, email addresses, and information provided by Entrants will be destroyed and deleted within 5 days of mailing out prize to the Winner.
YAYOMG! shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 5 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT YAYOMG!’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
The winner will also be required to submit a signed Winner’s Affidavit within 48 hours of notification to the address below or as otherwise communicated by YAYOMG! or its designee. If a winner does not submit the required information and a signed Winner’s Affidavit, if applicable, within 48 hours, that winner may be deemed to have forfeited the Giveaway, and YAYOMG! may, in its sole discretion, select the next eligible winner. Further, in the event that YAYOMG! is unable to successfully contact or communicate with the winner, YAYOMG! may award the prize to the next eligible entrant. YAYOMG!, in its sole discretion, may require (i) copies of the winner’s government-issued photo identification (or, if a minor, their parent’s or legal guardian’s identification), or (ii) if a minor, the consent of winner’s parent or legal guardian in connection with receipt of the prize. Awarding of a prize does not constitute the respective prize-providing entities’ affiliation with, sponsorship, or endorsement of, the Giveaway. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. The prize will be awarded provided there are sufficient qualified entries. The prize is not transferable.No substitutions or exchanges (including for cash) of the prize will be permitted, except that YAYOMG! reserves the right to substitute a comparable prize in its sole discretion.The prize is awarded “AS IS.” YAYOMG! may provide a federal 1099 financial reporting form. If so provided, the form must be executed and returned to YAYOMG! per the instructions provided by YAYOMG!
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that YAYOMG!, anyone acting on behalf of YAYOMG!, and YAYOMG!’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Giveaway, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of YAYOMG!. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless YAYOMG! from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which YAYOMG! may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: YAYOMG! reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond YAYOMG!’s control corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. In such case, YAYOMG! may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by YAYOMG!. YAYOMG! reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or website or violates these Terms & Conditions. YAYOMG! has the right, in its sole discretion, to maintain the integrity of the Giveaway, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Giveaway rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. Should such attempt be made, YAYOMG! reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless YAYOMG! and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Giveaway IS GOVERNED BY THE LAWS OF the United State of America AND Pennsylvania, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Pennsylvania having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to:
1430 Walnut Street
Philadelphia, PA 19102
Requests must be received no later than 12/31/18 at 11:59pm EST. You can always contact YAYOMG! via email with any questions or concerns: [email protected]