50 States of Play Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER, NOMINATE A TEACHER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- PROMOTION PERIOD. The 50 States of Play Giveaway (the “Promotion”) begins on July 18, 2023 at 12:00 pm EST and ends on August 1, 2023 at 9:00 am EST (“Promotion Period”).
- The Promotion is sponsored by Nugget Comfort LLC, 200 Business Park Drive, Butner, North Carolina 27509 (“Sponsor”). Promotion partners include MVW Holdings, Inc. d/b/a MAGNA-TILES®, tonies US, Inc. and Once Upon a Farm, PBC (“Promotion Partners”, collectively with Sponsor, each a “Partner”).
- ELIGIBILITY: Open to legal residents of the 50 United States and Washington D.C. who are 18 years of age and older as of time of entry. Employees, directors, managers, officers, members, agents and representative of Sponsor or Promotion Partners and their affiliates, subsidiaries, and agencies and companies involved in the design, implementation and execution of the Promotion, and members of their immediate family or persons living in the same household (collectively “Promotion Parties”) are not eligible to participate in the Promotion. The Promotion is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law. By participating in the Promotion, the entrant represents and warrants to each Partner that the entrant meets all of the foregoing eligibility criteria. Each entrant further acknowledges and agrees that they may be disqualified from participating in the Promotion or winning the Prize Package if any statement or representation made is discovered or believed to be false, deceptive or misleading.
- AGREEMENT TO OFFICIAL RULES: By participating in the Promotion, entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Promotion. Winning the Prize Package is contingent upon fulfilling all requirements set forth herein.
- HOW TO ENTER: During the Promotion Period, visit nuggetcomfort.com/pages/50-states-of-play and complete the entry form to nominate one (1) teacher (a “Nominated Teacher”) for entry. For the purpose of this Promotion, a teacher is defined as a licensed kindergarten through 5th grade teacher who teaches at a public school in the 50 United States and Washington D.C. (“Teacher”). Entrants may nominate themselves provided that they are a Teacher. In order to obtain an entry into the Promotion, entrant must complete all required fields listed on the entry form, including the email address for the Nominated Teacher and the state in which they teach. Only those entries actually received during the Promotion Period will be entered in the random drawing as set forth in Section 6. LIMIT TWO HUNDRED ENTRIES PER NOMINATED TEACHER. If any Nominated Teacher receives more than two hundred (200) entries, such additional entries will not be considered. Sponsor and Promotion Partners are not responsible for lost, late, illegible, garbled, incomplete, damaged or misdirected entries. Sponsor may disqualify any entrant or Nominated Teacher from the Promotion if Sponsor believes, in its sole and absolute discretion that an entry fails to comply with these Official Rules. False, deceptive or misleading entries or acts will render the nomination ineligible.
- DRAWINGS: One random drawing will be conducted per state and Washington D.C. with two or more eligible entries on or about August 8, 2023, by the Sponsor to select one (1) winner from each state plus Washington D.C. Odds of winning depend on the number of entries received from each state and Washington D.C. The potential winner and potential winner’s Nominated Teacher from each state and Washington D.C. will be notified by email. If the potential winner (a) cannot be contacted, (b) does not respond within five (5) days from the date the Sponsor first tries to notify them, and/or (c) the prize notification is returned as undeliverable, such potential winner will forfeit the Prize Package and Sponsor may, but is not required to, select an alternate prize winner by random drawing from among all remaining eligible entries from the applicable state or Washington D.C.. The potential winner must complete, sign and return an Affidavit of Eligibility and Liability and Publicity Release in form and substance provided by Promotion Partners. If the potential prize winner fails to return these documents within five (5) days from the date of the potential winner’s notification, they will be disqualified and the Sponsor may, but is not required to, select an alternate winner. Upon contacting the potential winner for each state and Washington D.C. and determining that they satisfy all eligibility requirements of the Promotion, such individual will be deemed the “Prize Winner” in the applicable state or Washington D.C. and their Nominated Teacher will be awarded the Prize Package. The return of any prize notification or Prize Package as undeliverable may result in disqualification and an alternate winner may, but is not required to, be selected. Acceptance of a Prize Package also constitutes permission to Sponsor, Promotion Partners and Promotion Parties to use Prize Winner’s name, address (city and state of residence), photograph, video, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
- PRIZES: The Nominated Teacher of the Prize Winner in each state and Washington D.C. will be awarded a prize package (“Prize Package”) consisting of the following prizes from each Promotion Partner (each individual prize in the Prize Package is referred to herein as “Prize”):
- Nugget: One (1) Nugget in a then-available color selected by Nominated Teacher
(Approximate Retail Value: $269.00)
- MAGNA-TILES®: Two (2) Storage Bin Bundles 84-piece Sets
(Approximate Retail Value: $269.98)
- Once Upon a Farm: Two (2) boxes of Once Upon a Farm Cold-Pressed Blends (48 pouches total)
(Approximate Retail Value: $175.00)
This Prize will not be included in the Prize Package for Nominated Teacher in AL and HI.
- tonies: One (1) tonies Toniebox Playtime Puppy Starter Set plus six (6) Tonies
(Approximate Retail Value: $189.99)
The total approximate retail value (excluding sales tax) of the Prize Package is $903.97. No substitution or transfer of the Prize Package or any Prize is permitted by Prize Winner. No cash substitutions will be allowed. Sponsor and/or Promotion Partner reserves the right to substitute the Prize Package or a Prize of equal or greater value. Any applicable federal, state or local taxes and any expenses or costs incurred in connection with or incidental to receipt or use of the Prize Package or Prize are the sole responsibility of the Prize Winner, and Sponsor, Promotion Partners and the Released Entities shall not be responsible or liable for expenses or charges incurred by the Prize Winner or Nominated Teacher in connection with the receipt or use of the Prize Package or Prize. THE PRIZE PACKAGE AND PRIZES ARE FINAL IN ALL RESPECTS AND ARE NOT ELIGIBLE FOR RETURNS OR EXCHANGES, AND AWARDED “AS IS” WITH NO GUARANTEES OR WARRANTIES, EITHER EXPRESS OR IMPLIED. To receive the Prize Package, the Prize Winner’s Nominated Teacher may be required to provide acceptable verification of employment at a public school and execute a Liability and Publicity Release. The Prize Package and each Prize will be delivered directly to the Prize Winner’s Nominated Teacher at the physical address provided in the release form. Each Prize within the Prize Package will be delivered by the Partner who provides the Prize and may arrive in separate deliveries at different times. Any questions or issues regarding a specific Prize within the Prize Package or delivery thereof should be addressed directly with the Partner from which the Prize came. By accepting the Prize Package, the Prize Winner’s Nominated Teacher consents to Sponsor’s and Promotion Partners use of their name, address (city and state of residence), photograph, video, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
- LIMITATION OF LIABILITY: By entering the Promotion, each entrant hereby releases and discharges the Sponsor, Promotion Partner, Promotion Parties and any other party associated with the development or administration of this Promotion, and each of their parent(s), subsidiaries, affiliates, together with each of their respective officers, directors, members, shareholders, employees, independent contractors, representatives, agents, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with the Promotion, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), and entrants, Prize Winner and Nominated Teachers release and discharge the Released Entities from any and all Claims in connection with or from the administration of this Promotion, the use, misuse, possession or redemption of the Prize Package or Prize and any activity related to this Promotion. To the fullest extent permitted by law, the Prize Winner and Nominated Teacher shall indemnify and hold harmless the Released Entities from any claims or damages for bodily injury, sickness, disease or death or from any claims for damage to tangible property. This indemnification shall extend to Claims resulting from use of the Prize Package or Prize and shall apply only to the extent that the Claim is caused in whole or in part by any negligent act or omission of the Prize Winner, Nominated Teacher or user.
- DISCLAIMERS: The Released Entities will not be responsible for: late, incomplete, or incorrect entries; an entrant’s or Nominated Teacher’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Promotion; by any human error which may occur in the processing of the entries in this Promotion; or any typographical, technological, or other error in the publishing of the offer, administration of the Promotion, or announcement of the Prize Winner or Prize Package. Sponsor reserves the right to suspend, extend, cancel or modify this Promotion (with or without notice) in a manner deemed appropriate in its sole discretion, and may, but is not required to, substitute another promotion in its place. THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING THE PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PRIZE PACKAGE OR ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.
- GENERAL CONDITIONS: If for any reason the Promotion is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor or Promotional Partner which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the promotion in whole or in part, at any time, without notice and award the Prize Package using all non-suspect eligible entries received as of, or after (if applicable) the cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the promotion; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND/OR PROMOTION PARTNERS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The failure of Sponsor, Promotion Partners or the Released Entities to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, pandemic or epidemic, act of public enemies, actions of governmental authorities outside of the control of such parties (excepting compliance with applicable codes or regulations) or other force majeure events will not be considered a breach of these Official Rules.
- CHOICE OF LAW AND FORUM: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Nominated Teachers, Sponsor and/or Promotion Partners in connection with the Promotion shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Promotion, entrants and Nominated Teachers agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of North Carolina; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will entrants or Nominated Teachers be permitted to obtain awards for, and entrants and Nominated Teachers hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) entrants’ and Nominated Teachers’ remedies are limited to a claim for money damages (if any) and waives any right to seek injunctive or equitable relief.
- MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Promotion and supersede all prior and contemporaneous agreements, representations and understandings, whether oral, electronic or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by Sponsor. The waiver by Sponsor of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by entrant or Nominated Teacher, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, entrants and Nominated Teachers.
- WINNERS LIST: If required by law, a list of the names of the Prize Winners and Nominated Teachers may be available for thirty (30) days following the drawing by sending such a request via a #10 envelope to: Nugget Comfort LLC, 200 Business Park Drive, Butner, North Carolina 27509. Requests received after such thirty (30) day period will not be honored.
Alabama - Laura H.
Arkansas - Stephanie H.
Colorado - Samantha J.
Connecticut - Kate B.
Georgia - Alana G.
Hawaii - Ashley C.
Illinois - Michelle C.
Kansas - Ashley K.
Kentucky - Molly S.
Louisiana - Shelley R.
Maine - Laura M.
Maryland - Laura B.
Massachusetts - Kelsey S.
Michigan - Sarah S.
Minnesota - June D.
Missouri - Holly S.
Montana - Jennifer W.
Nevada - Lisa P.
New Hampshire - Shannon N.
New Jersey - Adrienne R.
North Carolina - Della M.
North Dakota - Shelby B.
Ohio - Jessica S.
Oregon - Ashley M.
Pennsylvania - Ashley H.
Rhode Island - Jessica V.
South Carolina - Jennifer C.
Utah - Kemari B.
Vermont - Scott H.
Washington D.C. - Jenna L.
West Virginia - Blake S.
Wyoming - Kayleigh N.