SOCIAL PROMOTION RULES
From time to time sweepstakes (each, a “Promotion”, together the "Promotions") will be conducted on the Maxi Cosi Facebook® or Instagram® page (a “Platform”). These General Social Promotion Rules (“General Promotion Rules”) apply to sweepstakes sponsored by Dorel Juvenile Group, Inc. ("Sponsor") and offered via a Platform. Specific details and terms of each Promotion will be supplied via the Platform to entrants including the following: (a) entry period(s) and time zone; (b) what action to take in order to enter; (c) entry limits per person/Platform account; and (d) prize descriptions, values and restrictions (collectively, the “Promotion-Specific Terms” and together with the General Promotion Rules, the “Official Rules”).
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING A PROMOTION.
Eligibility
Promotions are open to any individual who: (a) is eighteen (18) years of age or older at the date of entry; (b) is a legal resident of (and residing at the time of entry in) one of the 50 United States or the District of Columbia (“D.C.”); and (c) has a valid account on Facebook or Instagram, as applicable. Entrants who are eighteen (18) years of age or older but have not yet reached the age of majority in their jurisdiction of residence (each, a “Minor”) should seek permission from their parents/legal guardians before participating. The following individuals are NOT eligible to enter or win a prize: employees of Sponsor; employees of a Platform; employees of the parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies of Sponsor or a Platform; employees of any other entities affiliated with the administration of the Promotions (aforementioned individuals and organizations, the “Promotion Parties”); the immediate family members (parent, child, sibling, spouse) of each such employee; and persons living in the same household as each such employee (whether related or not). All determinations of eligibility will be made by Sponsor in its sole discretion, at any time. The Promotions are void outside the 50 United States and D.C., and wherever prohibited.
Agreement
Participation in a Promotion constitutes each entrant’s (and if a Minor, such entrant’s parents’/legal guardians’) full and unconditional agreement to and acceptance of the Official Rules, including the Promotion-Specific Terms set by Sponsor, and the decisions of the Promotion Parties, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in the Official Rules. Any entrant may be disqualified in Sponsor’s sole discretion if he/she (and if a Minor, his/her parent/legal guardian) fails to comply with any of the terms of the Official Rules.
Entry
Occasionally, posts will appear on the Maxi Cosi Facebook or Instagram page, directing you to take an action such as, but not limited to, sharing a photo on a particular post or posting a piece of content while tagging a particular brand handle or using a specific hashtag. Completing the specified actions, in accordance with any applicable Promotion-Specific Terms set by the Sponsor, will enter you in a random drawing to win a particular prize specified in the Promotion-Specific Terms (a “Prize”). Alternatively, you may follow the instructions included in the Promotion-Specific Terms set by the Sponsor for submitting an Alternative Means of Entry Form, which will also enter you in the drawing to win the Prize.
Entries and other material submitted in connection with a Promotion become the property of Sponsor and will not be acknowledged or returned. All Entries for each Promotion must be received during the applicable entry period specified in the Promotion-Specific Terms. Entries submitted in excess of entry limits stated in Promotion-Specific Terms will be void. Entries generated by a script, macro or other automated means, as determined by Sponsor in its sole judgment, will result in disqualification at Sponsor’s sole discretion. Any attempt by any entrant to obtain more than the maximum number of entries stated in Promotion-Specific Terms by using multiple/different Platform accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries, and that entrant may be disqualified in Sponsor’s discretion. All terms and conditions of the hosting Platform apply. Multiple entrants are not permitted to share the same Platform account. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person who is the “authorized account holder” assigned by the Platform to the Platform account in question.
Entry Requirements/Conduct
By submitting an Entry, you represent and warrant that your Entry: (a) is not sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, nor does it describe any materially dangerous activity; (b) does not promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;(c) is not obscene or offensive, nor does it endorse any form of hate or hate group; (d) does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (e) does not contain trademarks or logos owned by others (except trademarks and logos owned by Sponsor), or advertise or promote any brand or product of any kind (other than those owned by Sponsor); (f) does not otherwise infringe any third party’s intellectual property or privacy rights, or contain any personal identification, such as license plate numbers, e-mail addresses or street addresses; (g) does not contain copyrighted materials owned by others; (h) does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without such person’s explicit advance permission; and (i) does not violate any law. Sponsor's determination as to whether any Entry potentially violates the rights of any third party is final. In Sponsor’s sole discretion, Entries that do not include all information specified in the Official Rules (including the Promotion-Specific Terms), or that do not adhere to the foregoing requirements or other parts of the Official Rules will be considered void.
Winner Determination/Odds of Winning:
Winner(s) will be determined at the time stated in the particular Promotion-Specific Terms. Unless otherwise stated in the Promotion-Specific Terms, winner(s) will be chosen via random drawing from among all eligible Entries received for that Promotion (or entry period, as applicable), and odds of winning will depend on the total number of eligible Entries received for that Promotion (or entry period, as applicable).
Winner Notification
Each potential winner will first be notified via the applicable Promotion Platform or by email if he/she entered via the Alternative Means of Entry Form. To claim a Prize, each potential winner will be required to respond within forty-eight (48) hours after transmission of the notification message and provide his/her full name, email address, physical mailing address, date of birth, and phone number. Subsequently, each winner will receive additional Prize claim instructions by mail and/or email and may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release. All requested documents must be returned to Sponsor by the date specified in winner’s notification message. Prizes do not include any items other than what is listed in Promotion-Specific Terms, and any Prize details not specified will be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No other substitutions may be made, except by the Sponsor, who reserves the right to substitute a Prize (or component thereof) with another prize (or component thereof) of equal or greater value if the Prize is not available for any reason as determined by the Sponsor in its sole discretion. Winners are solely responsible for all applicable federal, state, and local taxes and for any expenses, costs or fees associated with acceptance and/or use of Prizes not specified by Sponsor as being included. A winner of a Prize valued at more than $600 must provide Sponsor with a valid taxpayer identification number or social security number before such Prize will be awarded, and the winner will receive an IRS form 1099 (or comparable form) at the end of the calendar year (with a copy of such form filed with the IRS). Limit one Prize per entrant, per Promotion. Winners should allow 4 to 6 weeks from notification for delivery of Prizes. At the sole discretion of the Sponsor, an entrant will be disqualified with his/her prize forfeited and Sponsor will select an alternate winner in the event of the following situations,: (a) a potential winner’s failure to respond to initial notification within forty-eight (48) hours after transmission of such notification; (b) a Prize notification cannot be delivered or if a Prize is returned as undeliverable or declined; (c) potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency or requested tax information; (d) potential winner’s failure to complete and return required documents by the date specified in winner’s notification message; and (e) any other non-compliance with the Official Rules of a Promotion.
Winners List
Unless a different method is specified in applicable Promotion-Specific Rules, the winners of a Promotion will be announced via the Platform within a reasonable time after determination.
General Conditions
In the event that the operation, security, or administration of a Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Promotion to address the impairment and then resume a Promotion in a manner that best conforms to the spirit of the Official Rules; (b) award prizes according to the specific Promotion details from among the eligible Entries received up to the time of the impairment; or (c) to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. If, due to a human, typographical, mechanical or other error, the number of potential winners notified is greater than the listed number of Prizes at any level, such listed number of Prizes will be awarded in a random drawing from among all eligible entrants who submit a legitimate Prize claim for that level. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a Promotion or to be acting in violation of the Official Rules or in an un-sportsman-like or disruptive manner. Any attempt by any person to undermine the legitimate operation of a Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of the Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of the Official Rules shall not affect the validity or enforceability of any other provision and the remaining provisions shall remain in effect. The parties agree that any invalid provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under law consistent with the original intent and economic terms of the invalid provision.
Release And Limitations Of Liability
By participating in a Promotion, entrants agree to release and hold harmless the Sponsor, the Platforms, their respective parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies, and any other entities affiliated with the administration of the Promotions, together with the respective officers, directors, employees, and agents of each (collectively, the "Releasees") from and against any claim or cause of action arising out of participation in a Promotion or receipt or use/misuse of any Prize, including, but not limited to: (a) unauthorized human intervention in a Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of a Promotion; (d) errors in the administration of a Promotion or the processing of entries; (e) changes to Platform policies and procedures that may interfere with the operation of a Promotion; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in a Promotion or receipt or use of any Prize. Entrants further agree that in any cause of action, the Releasees’ liability will be limited to the cost of entering and participating in a Promotion, and in no event shall the Releasees be liable for attorney’s fees. Entrants waive the right to claim any damages whatsoever in connection with a Promotion, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, a Promotion, all prizes, and all materials provided on or through any Promotion-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Indemnification
You agree to indemnify and hold the Releasees harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Releasees due to or arising out of your Entry, or your conduct in creating an Entry or otherwise in connection with a Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
Publicity and Use of Entry
By submitting an Entry, you grant to Sponsor and its affiliated companies and representatives the irrevocable right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Entry contents, and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. The foregoing shall include the right to print, publish, broadcast, distribute, modify and use the contents of your Entry (including any posted photographs) in any media or format now known or hereafter developed. You agree to execute any additional documents Sponsor may deem necessary to evidence or effectuate the foregoing grant. You waive all moral rights and similar rights that may bar, or require your consent to, use of any part of your Entry. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, moral right, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or Entry.
Privacy
Information submitted in connection with a Promotion will be treated in accordance with the Official Rules and Sponsor’s Privacy Policy (as may be amended from time to time), currently located at https://www.maxicosi.com/us-en/privacy/; provided, that in the event of any conflict between the Official Rules and such Privacy Policy, the terms and conditions of the Official Rules shall prevail. By entering a Promotion, you agree that Sponsor may share your personal information with the Promotion Parties for the purpose of winner verification and prize fulfillment in the event that you are chosen as a potential winner.
Arbitration/Choice Of Law
Except where prohibited, entrants agree that any and all disputes, claims, and causes of action arising out of or connected with a Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration before a single arbitrator pursuant to the Rules of the American Arbitration Association, then effective. The foregoing shall not limit any right to seek injunctive or equitable relief in any court with jurisdiction over the parties or to bring qualifying claims in small claims court. The arbitrator’s decision and award will be final and binding and judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act and federal arbitration law apply to the Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and/or Releasees in connection with a Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without regard for conflicts of law doctrine of any jurisdiction. If for any reason a claim proceeds in court rather than in arbitration (including claims involving the determination of the scope or applicability of the foregoing arbitration provisions), you and Sponsor each waive any right to a jury trial, agree that such claims shall be litigated exclusively in the federal or state courts located in the Commonwealth of Massachusetts, County of Boston, agree that such courts are convenient forums, and submit to the jurisdiction and venue of such courts.
Sponsor
Dorel Juvenile Group, Inc. 25 Forbes Boulevard Suite 4 Foxboro, Massachusetts 02035 (“Sponsor”)
The Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants are providing information to Sponsor and not to the Platform. Facebook® is a registered trademark of Facebook, Inc. Instagram® is a registered trademark of Instragram LLC.
Any questions, comments or complaints regarding this Promotion should be directed to the Sponsor, not the Platform.