SPONGEBOB SQUAREPANTS’ BIRTHDAY 2022 SOCIAL MEDIA SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Only legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry (residents of Alabama, and Nebraska must be 19 years of age, residents of Mississippi must be 21 years of age) are eligible to enter the SpongeBob SquarePant’s Birthday 2022 Sweepstakes. Void where prohibited and subject to all applicable laws and regulations. Sponsor(s) (as defined below), Sponsor’(s) parent, subsidiary and affiliate entities and their respective officers, directors, agents, and employees, as well as the immediate family (spouse, parents, siblings and children) and household members (whether or not related) of each such Sponsor, Facebook, Instagram and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. Entrants must fulfill all requirements set forth in the Official Rules and abide by all decisions of the Sponsor(s) and/or Administrator in order to be eligible for a prize.
2. How to Enter: Eligible individuals may enter the Sweepstakes by commenting below the SpongeBob SquarePant’s Birthday 2022 Sweepstakes post on Nickelodeon Universe’s Instagram and/or Facebook page (https://www.instagram.com/nickelodeonuniverse/), (https://www.facebook.com/NickUniverse) by commenting your favorite thing about SpongeBob. By commenting in accordance with these instructions, you represent that you have complied with the submission guidelines and content restrictions specified here. Entries are limited to one per person. All entries will be deemed to have been made by the authorized account holder for the submitted email address. Multiple entrants are not permitted to share the same email address or Facebook or Instagram ID. Entrants must be following @nickelodenuniverse on Instagram and @NickUniverse on Facebook.
By entering this Sweepstakes, you represent that you have complied with the submission guidelines and content restrictions specified here. Entries are limited to one per person. The post may not contain: 1) information that is deemed to be obscene or lewd; 2) material that violates or infringes another’s rights, including privacy, publicity, or intellectual property; 3) material that is hateful or defamatory; or 4) material that is unlawful or in violation of or contrary to the laws or regulations in any state. Submissions containing such prohibited content and/or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. All entries will be held until the Sweepstakes Period is over and discarded after the winners have been confirmed. All entries will be deemed to have been made by the authorized account holder. Anyone found using multiple accounts to enter will be ineligible and may result in disqualification. Submitting mass entries, multiple entries, or entries generated by a script, macro or use of automated devices is prohibited and may result in disqualification. Sponsors reserves the right, in their sole discretion, to disqualify any Entrant whose conduct may subject the Sweepstakes, Sponsors, or any other person or entity, to controversy, negative publicity, scorn and ridicule. If, at any time during the Sweepstakes, the Sponsors deem an Entrant’s photo or entry inappropriate (including, without limitation, by use of obscene gestures, swearing or behavior that may offend the general public) the Entrant will be immediately disqualified.
All entries must comply with the Instagram Terms of Service and Instagram Rules available at the Instagram web site. If you opt to use Instagram via your wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. The Sponsor(s) is not responsible for charges you may incur as a result of wireless phone transmissions. Entrants acknowledge that Instagram messaging is distributed and delivered through third-party providers. Sponsor(s) do not guarantee, and shall not be responsible for, the delivery or timeliness of any Instagram entry. Sponsor(s) will at all times consider the time that an Instagram post is logged as received in its system as being the time of a Instagram entry, regardless of the time at which the entrant attempted to send the entry and regardless of any technical problems or other complications that may have delayed its delivery. By submitting your entry in accordance with the Official Rules, you represent that you have complied with the submission guidelines and content restrictions. All entries will be deemed to have been made by the authorized account holder for the submitted telephone number, email address, and/or Instagram account. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and may result in disqualification of entrant. Instagram entries will receive the same odds of winning as Facebook entries.
Entry Period: The Sweepstakes Period begins on Thursday, July 7, 2022 at 11:00 a.m. and ends on Thursday, July 14, 2022 at 11:59 p.m. Central Time (“CT”) (the “Entry Submission Deadline”). Entries received after the Entry Submission Deadline or outside the Sweepstakes Period are void. All entries must be received by Sponsor(s) on or before Entry Submission Deadline as determined by Sponsor’(s) clock. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram. By entering, you understand that you are providing your information to Sponsor(s) and not Facebook nor Instagram.
Odds of Winning: Odds of winning depend on the total combined number of eligible entries received during Sweepstakes Period. The potential winners will be chosen at random on July 15, 2022 using randomization methods.
3. Winner Notification/Requirements: One (1) potential Prize winner will be notified via Instagram or Facebook on July 15, 2022. Any potential Prize winner may be required to sign and return to Sponsor(s) within twenty-four (24) hours an Affidavit of Eligibility, General Release & Waiver, and Publicity Release in the form or forms provided by Sponsor(s) (where and to the extent legally permissible) at the time Prize is picked up in order to claim the Prize. A Prize must be claimed within one (1) day of the initial Prize notification to the potential winner, or the Prize will be forfeited. If a potential Prize winner cannot be contacted or fails to sign and return the applicable Affidavit of Eligibility, General Release & Waiver, and/or Publicity Release within the required time period noted above, the potential Prize winner will be disqualified and forfeits the Prize. If not disqualified, the potential Prize winner must continue to comply with all terms and conditions of these Official Rules. Winning and awarding of the Prize is contingent upon fulfilling all requirements. Failure to comply with these requirements, return of Prize notification or Prize as undeliverable, or disqualification of any potential winner for any reason may result in forfeiture of Prize, and the Sponsor(s) will select an alternate winner. If, after selection of two (2) consecutive alternate potential winners, no alternate winner qualifies to receive the Prize, then the Prize will remain un-awarded.
4. Prize(s) and Donor(s): One (1) Prize winner will receive four (4) Unlimited Ride Wristbands to Nickelodeon Universe, one (1) SpongeBob SquarePants plush toy, one (1) SpongeBob Krabby Patty Tumbler, one (1) SpongeBob SquarePants Rock Bottom Plunge Playing Cards, one (1) SpongeBob SquarePants Patrick action figure, one (1) SpongeBob SquarePants SpongeBob Slimeez Figure in Slime, SpongeBob SquarePants Mini Figures, two (2) SpongeBob SquarePants mini plush (one (1) Squidward and one (1) Plankton). The approximate retail value of the Prize is $300.00. Winner will not receive difference between actual and Approximate Retail Value. Sponsor(s) will not replace any lost, misplaced, destroyed, mutilated, or stolen items. Sponsor(s) make(s) no warranties concerning any component of a Prize that is not provided directly by Sponsor(s). Prize is non-transferable and not redeemable for cash, and no substitution will be made unless Sponsor(s), in its sole discretion, determines otherwise. Sponsor(s) reserves the right to substitute a Prize for one of equal or greater value, including cash, in Sponsor(s) sole discretion, if a Prize should become unavailable for any reason. Winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes, and for any and all other costs, assessments, expenses, and fees associated with Prize award, receipt and use. If a Prize allows the winner to share the Prize with guests, Sponsor(s) may require each of the winner’s guests to sign and return a General Release & Waiver and Publicity Release, as a condition for use of any component of the Prize. If a guest is a minor in his/her state of residency, the minor’s parent or legal guardian must verify and confirm his/her agreement to the General Release & Waiver and Publicity Release in order to participate in the use of any component of the Prize. Prize elements may not be separated.
5. Release/Publicity Consent: As a condition to receipt of a Prize, potential winner agrees to sign a General Release & Waiver releasing Sponsor(s) and its parent, affiliate, subsidiary entities, its merchants, and their respective agents, employees, suppliers, and advertising/promotional and judging agencies (the “Sponsor Group”) Facebook, Instagram, and each of their respective parents, affiliates, subsidiaries (“Released Parties”), from any and all liability whatsoever for injuries, damages or losses to persons and/or property which may be sustained in connection with the Sweepstakes or the Prize. As a condition to receipt of any Prize, winners (or their Parent/Guardian in the case of minors) may be required to sign affidavits/disclaimers and tax forms, and winners (or Parent/Guardian in the case of minors) are responsible for any and all costs, taxes, assessments, expenses, and fees associated with the Sweepstakes and Prize award, receipt and use. Except where prohibited by law, winners consent and agree to the use of their names, city and state/country, photographs, likeness, submission(s), statements, video, and voices for broadcast, marketing and promotional purposes in all forms of media (including, without limitation, online) on a worldwide basis by Sponsor(s) and its promotional agencies, Sweepstakes partners, designees, successors and assigns, before, during and after the Sweepstakes, without compensation or right of review, attribution, or notice, in perpetuity.
6. Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor(s) and/or Administrator (including but not limited to decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all matters related to the Sweepstakes. Sponsor’(s) failure to enforce any term of these Official Rules shall not constitute a waiver of that term or any other term in these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were eliminated from the Official Rules.
7. General Conditions: Sponsor(s) reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes, or any part of it, if, in Sponsor’(s) opinion, there is any suspected or actual evidence of fraud, tampering, computer virus, unauthorized intervention, technical difficulties or failures, printing or distribution errors, or any other factor beyond Sponsor’(s) reasonable control that may affect or impair the administration, security, fairness or integrity, or proper functioning of the Sweepstakes, as determined by Sponsor(s) in its sole discretion. If, as a result of an error relating to the entry process, drawing or any other aspect of the Sweepstakes, there are more potential winners of prizes than contemplated in the Sweepstakes Rules, there will be a random draw amongst all eligible prize claimants after the Sweepstakes Entry Submission Deadline(s) to award the prize. In the event there is more than one Sponsor and the Sponsors) are in disagreement over a modification, suspension, or termination of the Sweepstakes, then MOAC Mall Holdings LLC shall have the final decision with respect to any modification, suspension, or termination of the Sweepstakes. Sponsor(s), in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil law, and, should such an attempt be made, Sponsor(s) reserves the right to prosecute and/or seek damages from any such person to the fullest extent permitted by law. Sponsor’(s) failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Sponsor(s) is not responsible for incomplete, illegible, misdirected, misprinted, late, or lost entries, submissions or Prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or incomplete capture of information, or the failure to capture any information. No mechanically reproduced, illegible, incomplete, forged, software-generated or otherwise multiple entries will be accepted. If any dispute regarding identity of any winner cannot be resolved to Sponsor’(s) satisfaction, that entrant/potential winner will be disqualified. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any sweepstakes-related materials, including but not limited to print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
8. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and 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, and exclusively by the Federal District Court of Hennepin County, Minnesota; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.
9. Governing Law: The Sweepstakes is governed by the laws of the State of Minnesota, without regard to any choice of law provisions. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor(s) in connection with the Sweepstakes and/or any Prize, shall be governed by, and construed in accordance with, the laws of the State of Minnesota without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
11. Sponsor(s) and Administrator: The Sweepstakes is sponsored and administered by MOAC Mall Holdings LLC, doing business as Mall of America, (“Sponsor(s)” and “Administrator”), 2131 Lindau Lane, Suite 500, Bloomington, MN 55425.
12. Winners List/Official Rules: For a complete list of winners and/or copies of the Official Sweepstakes Rules, send a self-addressed, stamped envelope to: Mall of America, Attn: Social Media Department, 2131 Lindau Lane, Suite 500, Bloomington, MN 55425. All such requests must be received within six (6) weeks after the end of the Sweepstakes. These Official Rules will be posted on the Website during the Sweepstakes Period. All questions regarding the Sweepstakes can be referred to Melanie Long, Mall of America Social Media Department at firstname.lastname@example.org