NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, FACEBOOK OR TWITTER. FAILURE TO COMPLY WITH THESE RULES AND/OR APPLICABLE INSTAGRAM, FACEBOOK AND TWITTER RULES, POLICIES AND PROCEDURES WILL VOID AN ENTRY.
YOU (“YOU” OR “ENTRANT”) AGREE THAT, BY SUBMITTING AN ENTRY, YOU ARE ENTERING THE SWEEPSTAKES AND AGREEING TO BE BOUND BY THESE OFFICIAL RULES, THE ELIGIBILTY REQUIREMENTS, AND THE DECISIONS OF SPONSOR, WHICH ARE FINAL.
Promotion Period. The entry period for the Hello Kitty “Small Story, Big Smile” Sweepstakes (the “Sweepstakes”) begin at 09:00:00 am (Pacific Time) on November 12th, 2019 and ends at 11:59:59 pm (Pacific Time) on November 30th, 2019 (the “Promotion Period”). The Sponsor’s time clock will be the official time keeping device for this Sweepstakes. All entries must be received by 11:59:59 PM PT on November 30th, 2019.
Sponsor. This Sweepstakes is sponsored by Sanrio, Inc. (“Sanrio” or “Sponsor”), 2101 E. El Segundo Blvd. Suite 503, El Segundo, CA 90245.
Eligibility. This Sweepstakes is open to current legal residents of the United States and the District of Columbia (excluding Rhode Island, Puerto Rico, Guam and all other U.S. and foreign territories and possessions not mentioned herein), who are at least eighteen (18) years of age or older and above the age of majority in their home state of residence as of November 5th, 2019. Employees of Sanrio, Inc. and any affiliates, agents, or any promotion or advertising company doing business with Sponsor or involved in the administration of the Sweepstakes, and their immediate family members (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses) and persons living in the same household with them (whether or not related), are not eligible to enter or win. VOID WHERE PROHIBITED. Sanrio, Inc., its respective parent company, subsidiaries and affiliates, and each of their respective employees, officers, members, directors and shareholders will be collectively referred to as the “Sweepstakes Entities”.
By participating in the Sweepstakes You (a) acknowledge compliance with these Official Rules; (b) represent and warrant that You meet all the eligibility criteria set forth in these official rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to indemnify, defend, release, and hold harmless Sweepstakes Entities from and against any and all damages, claims and liability (including attorney’s fees and costs) arising out of or relating in any way to entrant’s participation in Sweepstakes and acceptance or use of any Prize (hereinafter defined) and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or damage of any kind, or any other harm, suffered directly or indirectly arising from or in connection with Entrant’s participation in and/or entry into the Sweepstakes or the receipt or acceptance, redemption, possession, use or misuse of the Prize, including but not limited to traveling to, preparing for and/or participating in any Sweepstakes Prize related activity, and for any claim including claims based on merchandise delivery, defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related or other cause of action.
How To Enter. Before entering the Sweepstakes, Entrant’s Instagram account must have their privacy settings set to public and the "Photos Are Private" option must be set to "OFF". During the Sweepstakes Period, Entrant must (a) follow Hello Kitty(@hellokitty), (b) post a photo (“Photo”) of you and Hello Kitty, and (c) caption your post describing how Hello Kitty inspires you to spread kindness including the hashtag #SmallStoryBigSmile. Hello Kitty’s official Instagram account may be accessed here: www.instagram.com/hellokitty. To follow @hellokitty on Instagram, visit www.instagram.com/hellokitty and click on the “follow” icon.
PLEASE NOTE that participation in the Sweepstakes requires an Instagram account, which is free, and the Entrant must comply with all terms and conditions of Instagram registration and participation. No purchase or payment is necessary to join Instagram. An Instagram account is not controlled by and cannot be controlled or guaranteed by Sponsor. Entrant must be following Sponsor’s Instagram account (www.instagram.com/hellokitty) to receive a direct message from Sponsor should their Entry be selected as a possible winner. Posting on Instagram requires a mobile device and therefore message and data rates may apply. Check with your carrier for additional details.
Limit. One (1) Entry per Instagram account per natural person. Multiple Entries (including photos) by a single Entrant will be disqualified. Entrant’s Sweepstake Entry will be determined as received according to Sweepstakes administrator’s time clock. No entries will be accepted except by the means outlined above. Use of multiple Instagram accounts or of a false email account will disqualify Entry upon discovery by Sponsor. The use of scripts or any automated system to enter is strictly prohibited. Sponsor, in their sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of Sponsor’s Instagram webpages or other websites, or who otherwise violates these rules.
Photo Guidelines and Rights Granted. To qualify for a Sweepstakes Entry, any Photo posted to Sponsor’s Instagram account must include Entrant and comply with the following terms and conditions: Entries must be your own original work and must not: (a) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable; (b) depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate; (c) contain any content that is protected by copyright, trademark (including, without limitation, any logo that appears on an article of clothing or elsewhere), trade secret, right of publicity or other proprietary right, without the express prior written consent of the owner of such right; (d) contain any personally identifying information about any individual other than you; (e) depict any individual other than you, unless you have received the written permission of such individual (or of his/her parent or legal guardian in the event that he/she is a minor) to submit a photo of him/her for Sponsor’s use as set forth in these Official Rules; (f) contain any confidential information, or any material, non-public information about any company; or (g) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software or network. Photos must not have been entered into any other contest, promotion or exhibition, or otherwise published or distributed. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Photo for any reason.
Rights Granted to Sponsor: By posting a Photo and/or Comment, Entrant grants to Sponsor (and Sponsor’s licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display Entrant’s Photo and Comment in whole or in part, and otherwise exploit the Photo/Comment including, but not limited to, entertainment, promotional, advertising and/or marketing purposes in connection with this Sweepstakes, including by re-posting on Sponsor’s website, and social media pages. If necessary, Entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Photo/Comment.
All Entries and postings may be initially screened by Sponsor to ensure compliance with the guidelines noted above. Any Entry, or portion thereof that is, in Sponsor’s sole discretion is determined to be obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable or not in the spirit of the Sweepstakes, will not be considered and may disqualify the Comment as a Sweepstakes entry. Entrant may not copy or otherwise plagiarize the Comment from any source. Incomplete or unintelligible Entries will be disqualified. Sponsor reserves the right to determine in their sole discretion which Photos and Comments have satisfied the requirements. In the event of a third-party claim alleging infringement or violation of rights by the Entrant, Sponsor may, at their sole discretion, prevent the Photo/Comment from the being displayed on Sponsor’s Instagram page and disqualify the Entrant from the Sweepstakes. Each Entrant hereby agrees to indemnify and hold Sponsor, Instagram, Facebook, Twitter and the Sweepstakes Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach by the Entrant of any of the warranties, representations, agreements, requirements, or terms of these Official Rules.
Drawing: Forty-five (45) potential winners will be determined by a random drawing on or about December 2nd, 2019 from all eligible entries received. The drawing will be conducted by Sponsor or its designee, whose decision is final and binding. All Prizes will be awarded.
Odds of Winning. Odds of winning depend on the number of eligible entries received.
Prize. Subject to compliance with these Official Rules, forty-five (45) Winners will receive a Hello Kitty 45th Anniversary Plush (“Prize”). The Prize is non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded. Prize may not be exchanged for cash value or substituted, except that Sponsor reserves the right in its sole discretion to substitute with either the cash value of the prize, or a prize or prizes of equal or greater value. The Prize will be awarded. The retail value of Prize is $40 USD. The total approximate value of all Prizes in the Sweepstakes is $1,800 USD.
Additional Prize Terms. The potential Winner(s) will be notified by direct message via the Entrant’s Instagram account. Entrants must be following Sponsor’s Instagram account to receive a direct message from Sponsor should their Entry be selected as a possible winner. The potential Winner(s) will be required to acknowledge notification within 48 hours, and complete and return paperwork, including an Affidavit of Eligibility and Liability, and a Publicity Release, within five (5) days of initial notification. If the potential winner does not respond within 48 hours of the date of the prize notification, fails to comply with the instructions contained in the prize notification within that time period, is ineligible for the Prize, or refuses to accept the Prize, Sponsor reserves the right to randomly choose an alternate potential winner from the pool of remaining eligible entries. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate potential winner. In the event of a dispute concerning the identity of the person submitting an entry online, the Entry will be deemed to be submitted by the person in whose name the Instagram account is held. Potential winner may be required to provide a driver's license and/or other evidence of identity in connection with claiming the Prize. An Entrant is not a winner unless and until the Entrant's eligibility and has been verified and Entrant has complied with all Sweepstakes requirements.
GENERAL CONDITIONS FOR SWEEPSTAKES
Use of a false email account or other inaccurate entry information will disqualify an Entry (Sweepstakes) upon discovery by Sponsor. ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBPAGES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BY A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM YOU TO THE FULL EXTENT ALLOWED BY LAW. Sponsor further reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Sweepstakes, or with the intent to annoy, abuse, threaten or harass any other person, and to seek damages or other remedies to the full extent allowed by law.
Entrants acknowledge that Sponsor and/or the other Released Entities (as defined below) do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the Sweepstakes or any Prizes. All prizes are awarded AS IS. All Entrants acknowledge that the Released Entities are not responsible for and shall not be liable for: (i) Entries that are lost, misdirected, unintelligible, corrupted, incomplete, late, or otherwise not in compliance with these rules; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an Entrant’s or other person’s computer related to or resulting from participating in the Sweepstakes, or accessing or downloading materials relating to the Sweepstakes; (iv) any conditions caused by events beyond the control of the Released Entities (as defined herein) that may cause the Sweepstakes to be disrupted or corrupted; (v) any losses, injuries, or damages of any kind resulting directly or indirectly from participation in the Sweepstakes and/or acceptance, use, or misuse of any prize awarded in the Sweepstakes or any prize-related activity; or (vi) any printing or typographical errors in any materials relating to the Sweepstakes.
BY PARTICIPATING IN THIS SWEEPSTAKES, ALL ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR, FACEBOOK, TWITTER, AND INSTAGRAM, AND EACH OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, DISTRIBUTORS, DEALERS, AND VENDORS, AND THE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES OF ALL SUCH COMPANIES (COLLECTIVELY “THE RELEASED ENTITIES”) FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS OR PROCEEDINGS OF ANY KIND AND FROM ANY AND ALL LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (A) YOUR PARTICIPATION IN THIS SWEEPSTAKES, (B) ANY BREACH OR ALLEGED BREACH BY THE ENTRANT OF ANY OF THE WARRANTIES, REPRESENTATIONS, AGREEMENTS, REQUIREMENTS, OR TERMS OF THESE OFFICIAL RULES, (C) CREATION OR DISTRIBUTION OF YOUR PHOTO, IN WHOLE OR IN PART, OR (D) ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE OR PRIZE-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
AS A CONDITION OF ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR SELECTED BY AND IN ACCORDANCE WITH THE EXPEDITED RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), WHICH MAY BE FOUND ON AAA’S WEBSITE AVAILABLE AT HTTPS://WWW.ADR.ORG/SITES/DEFAULT/FILES/COMMERCIALRULES_WEB_FINAL_1.PDF. IF AAA IS NOT AVAILABLE FOR ANY REASON OR REFUSES TO ADMINISTER THE ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE TO SELECT AN ARBITRATOR UNDER THE RULES OF ANOTHER ALTERNATIVE DISPUTE RESOLUTION PROVIDER; (III) AT ENTRANT’S REQUEST, SPONSOR WILL ADVANCE THE COST OF THE INITIAL FEES ASSOCIATED WITH ARBITRATION, PENDING THE ARBITRATOR’S DETERMINATION OF ENTRANT’S ABILITY TO PAY AND THE APPROPRIATE DISTRIBUTION OF FEES; (IV) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES; (V) ANY ARBITRATION UNDER THIS ARBITRATION CLAUSE SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET. SEQ.), AND NOT BY ANY STATE LAW CONCERNING ARBITRATION, EXCLUSIVE OF ANY CONFLICT OR CHOICE OF LAW RULES. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA IN RENDERING AN AWARD; (VI) THE PARTIES CONSENT TO EXCLUSIVE PERSONAL JURISDICTION IN CALIFORNIA; (VII) ANY AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AS A JUDGMENT IN ANY FEDERAL DISTRICT COURT WHERE EITHER THE ENTRANT OR SPONSOR RESIDES; AND (VIII) IF ANY PART OF THIS ARBITRATION CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHT IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION CLAUSE SHALL BE UNENFORCEABLE.
No Endorsement from Instagram, Facebook, and Twitter. (collectively, “Social Media Sites”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with the Social Media Sites. Other than applying for an account with any of the Social Media Sites, any information you provide in connection with the Sweepstakes is to Sponsor and not to the Social Media Sites. Please see section below. You understand that by using and interacting with the Social Media Sites, you are subject to the terms, conditions, and policies that govern the use of that site. You should therefore review the applicable terms and policies for the Social Media Sites, including privacy and data gathering practices, before using or interacting with these sites.
Publicity. By participating in this Sweepstakes and/or accepting a prize, Entrant gives permission to Sponsor to use his/her name, photograph, voice, biographical information, and likeness, in any and all media, for advertising and promotional purposes, without further compensation or notice, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line, unless prohibited by law.
Name of Winner and/or list of Official Rules. The name of the Sweepstakes Winner will be announced on www.hellokitty45.com, and various Social Media Sites operated by Sponsor. For the name of the winner and/or a copy of these official rules, send a self-addressed envelope for receipt by January 31st, 2020 to: “Hello Kitty Small Story, Big Smile SS / Rules and Winners List”, Sanrio, Inc., 2101 E. El Segundo Blvd. Suite 503, El Segundo, CA 90245. Vermont residents may omit return postage.
SANRIO and HELLO KITTY are registered trademarks of Sanrio Company, Ltd. ©2019 SANRIO CO., LTD. All rights reserved.
All third-party trademarks referenced herein are the properties of their respective owners.