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NO PURCHASE NECESSARY. Only one prize will be awarded per family or address. All rules and full category prize details are shown below.
The “America Votes for TOTY 2022” Sweepstakes (“Sweepstakes” or “Promotion”) is open and offered only to legal residents of the 50 United States or the District of Columbia at least 13 years of age at time of entry. Employees, officers and directors of The Toy Association (“Sponsor”) and The Toy Foundation, members of the immediate family (spouse, children, siblings, parents) and persons living in the same household (whether or not related) of each said employee, officer or director are ineligible. By participating, entrants (and each entrant’s parent/legal guardian if entrant is a minor) agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Void where prohibited.
The Promotion begins on Monday, November 8, 2021, at 10:00 am ET and ends on Tuesday, January 4, 2022 at 11:59 pm ET. The Promotion computer is the official time keeping device for the Promotion.
(“Web site”), where you will be able to indicate your favorite toy, game or property finalists in each of sixteen (16) categories. Register by entering your name and email address and confirming that you have read and agree to the Official Rules. Proceed by completing one, some, or all the ballot categories. If you vote in at least one category, you will then have the opportunity to vote for the People’s Choice Award from among the toys you’ve voted for in your chosen category(ies). Once you make your choice, you will be asked to “Submit” your entry. Each entry received and recorded by the Promotion computer during the Promotion Period qualifies as one (1) entry into the Promotion.
Winners will be selected in a random drawing under the supervision of Sponsor. The drawing will be held on or after February 18, 2022 from all eligible entries received. Winners will be notified by email no later than February 28, 2022.
Sixteen (16) Prizes: Only one winner will be selected in each category. The selected winner will win the winning toy in that category. Prize winner will be contacted via email and have 48 hours to respond. If prize winner cannot accept prize as stated or fails to respond to email from Sponsor within 48 hours, the prize will be forfeited. Prizes are subject to any conditions, restrictions, and limitations therewith. Expenses not stated are the sole responsibility of the prize winner. Prize cannot be transferred, assigned, substituted, or redeemed for cash, but Sponsor reserves the right to substitute a prize of comparable or greater value should the prize become unavailable. If the winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner’s parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and awarded to an alternate winner. Winner will be able to designate one (1) shipping address to which the prize product will be delivered. All federal, state, and local taxes are the sole responsibility of the winner. Odds depend on the number of eligible entries received. Sponsor reserves the right not to award the prize if an insufficient number of qualified entries are received.
By entering, entrants (and entrants’ parent/legal guardian, if entrant is a minor) release and agree to indemnify and hold harmless Sponsor, Members, and their parent organizations; companies; affiliates; subsidiaries; advertising, public relations and promotion agencies; and all of their respective officers, employees, directors, representatives and agents (individually and collectively “Releasees”) from and against all liability, claims, actions, or proceedings, losses, injuries and damages (whether due to negligence or otherwise) to person(s), including death and property, or violation of intellectual property or personal rights (such as but not limited to copyright, patent, trade name/trademark, and/or rights of privacy or publicity, or defamation, slander or libel, or portrayal in a false light) due in whole or in part, directly or indirectly, to the acceptance, possession, misuse or use of the prize, or participation in this Promotion or any Promotion-related activity. By accepting the prize, each winner (and winner’s parent/legal guardian if winner is a minor) consents (and agrees to confirm that consent in writing upon request) to Sponsor and those acting pursuant to the authority of Sponsor, the right, in perpetuity, to the use of his/her name, biographical information, statements, voice, photo, picture, and likeness at any time or times and in all media now known or hereafter discovered, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade, and promotional purposes without additional compensation (unless prohibited by law), and without notice, review or approval. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages, excepting only for actual out-of-pocket expenses. Each potential winner (and his/her parent/legal guardian if winner is a minor) may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of receipt of the documents. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if the winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize may be forfeited.
LIMITATIONS OF LIABILITY:
Releasees are not responsible for lost, late, stolen, illegible, misdirected, postage due, separated or non-delivered mail, entries or e-mails; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), email, Web site or other connections’ availability, accessibility or traffic congestion, or miscommunication, or failed computer, network, telephone, satellite, email or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind, whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry, email or other information or the failure to capture, or loss of, any such or similar information. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, or by any equipment or programming associated with or utilized in this Promotion, and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of emails or the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or operation of the Promotion or Web site, to be acting in violation of the terms of the Web site or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any use of robotic, automatic, macro, programmed, third party or like entry methods, will disqualify all entries using such methods and any participant using any such method. Releasees are not responsible for injury or damage to participants’ or any other person’s computer related to or resulting from participating in this Promotion or downloading or copying materials from or use of the Web site. If, for any reason, Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Promotion. In such event, Sponsor reserves the right, at its sole discretion, to determine the winners from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute regarding Internet/email entries, the authorized subscriber of the e-mail account used to enter the Promotion at the actual time of entry will be deemed to be the participant and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet Access Provider, online service provider or other organization which is responsible for assigning email addresses. Any attempt to deliberately damage any Web site or undermine the legitimate operation of the Promotion is unlawful and subject to legal action by Sponsor or its agents.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF 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.
DISPUTE RESOLUTION/CHOICE OF LAW:
Except where prohibited, participants (and participants parent/legal guardian if participant is a minor) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of New York, County of New York and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees or disbursements; and (c) entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and/or Releasees in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of New York without regard for conflicts of law doctrine of any jurisdiction.
WINNERS' LIST/RULES REQUEST:
For the names of the Grand Prize winners, available after February 28, 2022, mail a self-addressed, stamped envelope to: The Toy Association, America Votes for TOTY Sweepstakes-Winners, 1375 Broadway, 10th Floor, New York, NY 10018 for receipt by February 28, 2022. For a copy of the Official Rules, mail a self-addressed, stamped envelope to: The Toy Association, America Votes for TOTY Sweepstakes-Rules, 1375 Broadway, 10th Floor New York, NY 10018 for receipt.
The Toy Association, Inc., 1375 Broadway, 10th Floor, New York, NY 10018.