’Mallow Mash Photo Contest

’Mallow Mash PHOTO CONTEST (“Contest”)
JAZWARES, LLC and Kelly Toy Holdings, LLC - Official Terms and Conditions

1. No Entry Fee. Void Where Prohibited. This Contest is in no way sponsored, endorsed, administered by, or associated with Instagram.

2. Eligibility: Contest is open to all individuals that are (i) at least 13 years old, (ii) are legal residents of the United States, United Kingdom, and Canada (excluding Quebec) who are physically located and residing therein (each, an “Entrant”). Each Entrant must be the rightful owner (or have authorized use) of a registered Instagram account. If you do not have an Instagram account, you can go to www.instagram.com and follow the links and instructions to create one, subject to the platform’s terms and conditions. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the applicable Instagram account was opened. If an entrant is over 13 but under the age of majority in their jurisdiction, their parent or legal guardian must read and accept these Official Rules on their behalf. Parents and legal guardians are responsible for the acts of their minor children who participate in the Contest, whether or not the parent or guardian has authorized such participation.
   
   JAZWARES, LLC and KELLY TOY HOLDINGS, LLC (“Sponsor”), its respective affiliates, subsidiaries, advertising, promotion and fulfillment agencies, legal advisors, or other parties in any way involved in the development, production, or distribution of the Contest, and their respective agents, subsidiaries, affiliates, directors, officers, consultants, employees, contractors, and representatives, and each of their immediate family members (e.g. spouse, parent, child, sibling, grandparent, and spouse or “step” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win a prize. THE CONTEST IS VOID IN OTHER MARKETS OUTSIDE OF THOSE MENTIONED IN THE ABOVE PARAGRAPH.
   
   By entering the Contest Entrants confirm that they meet the eligibility requirements above and will be legally bound by these terms and conditions (“Terms”), as well as the general Terms and Conditions applicable to Sponsor’s sites and services, available at https://www.jazwares.com/terms-and-conditions.. It will be Sponsor’s sole decision as to whether any eligibility requirement has or has not been met and may require evidence or confirmation from entrants before awarding prizes.

3. How to Enter: To enter the Contest, Entrants will be required to complete ALL of the following (collectively an “Entry” or “Entries”):

   1. Create a post and upload it to Instagram by 11:59pm Eastern Time, Sunday October 22, 2023. Note: your post must be marked as public to be eligible.
   2. Include the @Squishmallows, #MallowMash and #Contest hashtags in your post caption.
   Only one entry per person household, and/or email address is permitted.
   
   Sponsor assumes no responsibility for lost, late, delayed, damaged, incomplete, illegible, unintelligible, inaccurate, misdirected or non-compliant entries. The event will run from October 19, 2023 at 12:00pm Eastern Time until October 22, 2023 11:59pm Eastern Time. (“Contest Period”). By entering the Contest, you agree that your Entry is subject to the Instagram Terms of Use, as available on each social media platform’s website.

4. Selection of Winners and Criteria: The Sponsor will select TEN (10) prize winners from all eligible Entries at the end of the Contest Period based upon the following criteria. Entries will be moderated and evaluated by a panel of judges consisting of Jazwares employees and at least one independent judge selected by Sponsor (“Judges”). The highest scoring Entries as determined by the Judges will be deemed the winning Entries and, subject to verification of eligibility and compliance with these Terms, the eligible Entrants who submitted the winning Entries will be declared the official winners of the Contest. In the event of a tie, the winner will be determined based on which Entry best embodies the Squishmallows brand.
   
   Criteria:
   Content (50%)
   Creativity (50%)

5. Prizes: The top TEN (10) winners will receive ’Mallow Mash Prize Pack (ARV $80). Prize ARV will not exceed $80, per winner. All income taxes resulting from acceptance of the prize are the responsibility of the winner. No substitution or transfer of prize permitted by the winner. Sponsor, in its sole discretion, reserves the right to substitute a prize of equal or greater value. Allow six (6) weeks for delivery of prizes.

6. Notification of Winners: The TEN (10) winners will be selected and notified via a direct message on the social media account where the contest was posted, on or before October 29, 2023. If notification is returned or the winner does not respond and/or complete eligibility affidavit and publicity and liability release within 24 hours of notice, the prize may be forfeited and Sponsor will choose another winner. All timekeeping and other decisions of Sponsor are in Sponsor’s sole discretion and are final and binding. Sponsor is not responsible for late, lost, or misdirected notifications.
   
   Except where prohibited under applicable law, the winners (or in the case of a winner who is a minor, the winner’s parent or legal guardian) will be required to sign an eligibility affidavit, publicity and liability release, which will allow Sponsor to use winner's name, biographical information, picture, portrait, voice and/or likeness, for advertising, trade, or promotion and own and use the photo without further compensation or consideration in any and all media throughout the world, unless prohibited by law. In the event a winner does not meet the complete the eligibility requirements, Sponsor, in its sole discretion may elect to have the prize awarded forfeited and choose another winner.
   
   In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the email account specified in the Entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

7. Conditions of Participation: By participating in the hashtag contest, each entrant agrees to release and hold Sponsor and its respective affiliates, subsidiaries, advertising, promotion and fulfillment agencies, legal advisors, or other parties in any way involved in the development, production, or distribution of the contest , their respective agents, subsidiaries, affiliates, directors, officers, consultants, employees and representatives, harmless from any and all losses, damages, rights, claims and actions in any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize, to the greatest extent permitted by applicable law in your jurisdiction.
   
   All winners must comply with applicable law, in connection with any public communications related to Sponsor and/or the sweepstakes.
   
   As far as legally permitted, Sponsor, its agents, parent company, subsidiaries, affiliates, directors, officers, consultants, employees and representatives are not responsible for (i) any condition caused by events beyond their control that may cause the sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest (except where caused by their negligence); or (iii) any printing or typographical errors in any materials associated with the Contest. Entrants’ statutory rights are not affected.
   
   In the event that in Sponsor’s opinion this Contest or any part of it is compromised or becomes technically corrupted in any way, electronically or otherwise, including, but not limited to as a result of fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, the Sponsor reserves the right in its sole discretion to cancel, terminate, or suspend any part of the Contest, without liability to any Entrants. Upon submitting their sweepstakes entries, entrants may provide personal information to Sponsor for the purpose of carrying out the sweepstake rules. Sponsor will process such personal information on the basis that it has a legitimate interest in doing so, which does not override the rights and freedoms of the entrant and is necessary to perform its obligations under these Contest rules. For more information about how Sponsor will process personal information relating to Entrants, please see Sponsor’s Privacy Policy available at https://www.jazwares.com/privacy.

8. Content Restrictions: By submitting an Entry, each Entrant represents and warrants that their Entry is their original creation, and has not been previously awarded a prize or award during any other Contest or promotion sponsored by Sponsor or any third party. Additionally, Entrants must not include any of the following in any Entry: (a) vulgarity, profanity, nudity, or material which is adult-oriented, sexually-explicit, indecent, or inappropriate; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) false, libelous, defamatory, disparaging, tortious, or slanderous materials; (f) content that denigrates, disparages, or reflects negatively on Sponsor, their owners and employees, or any of Sponsor’s respective licensors; (g) tobacco, e-cigarettes, alcohol, or drugs; (h) dangerous stunts or real weapons of any kind, including but not limited to guns, knives, or projectiles; (i) material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other basis protected by federal, state or local law, ordinance, or regulation; (j) any individual under legal age of majority without providing a signed release from his/her parent or legal guardian; (k) audio, visual, and/or multimedia content owned by any third party (e.g., recorded music, pre-produced video, etc.); (l) material that is unlawful or otherwise in violation of or contrary to the laws or regulations in any state where the Entry is created, including but not limited to laws relating to rights of intellectual property, privacy or publicity; or (m) incorporate or prominently display any third-party brands or trademarks (other than that of the Sponsor). Any Entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.

9. License: By entering the Contest, all Entrants grant an irrevocable, perpetual, transferrable, sublicensable, worldwide non-exclusive right and license to Sponsor to reproduce, distribute, publicly display, publicly perform, and create derivative works of the Entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including for Sponsor’s marketing purposes. Except where prohibited by law, Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the Entrant's "moral rights" in their entries. Display or publication of any entry on Sponsor’s website does not indicate the Entrant will be selected as a winner. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, any further publicity required of a winner by Sponsor shall be conducted at the winner’s sole discretion.

10. Governing Law: These Terms are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of Florida (and United States federal law to the extent applicable), irrespective of the domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. As a consumer, each participant that is resident in the UK or any Member State of the European Union will benefit from any mandatory provisions of the law of the country in which he or she is resident and nothing in these terms and conditions, including the paragraph above, affects such participants’ rights as a consumer to rely on such mandatory provisions of local law.

11. Disclaimers and Limitation of Liability:

    1. Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or Entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
    2. IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE OFFICIAL RULES WILL NOT EXCEED $5.00. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Indemnification: You agree to indemnify, defend and hold Sponsor and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any third party claims made in connection with your Entries, or any representations and warranties made by you in connection with your Entries; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest.

13. Winner’s List: For a list of prize winners, send an email message to vip@squishmallows.com with “Winner’s list” as the email subject and the Sweepstakes name specified in the body of the email. Requests must be received within six (6) weeks of the end of the Promotion Period.

SPONSOR: Jazwares, LLC, 963 Shotgun Road, Sunrise, FL 33326