PIÑATA SMASHLINGS PARTY SWEEPSTAKES OFFICIAL RULES (“Official Rules”)
MANY WILL ENTER. FEW WILL WIN. NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, and THE DISTRICT OF COLUMBIA, AND HAVE A CHILD OR CHILDREN UNDER THE AGE OF 10. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. ALL FEDERAL, STATE, AND/OR LOCAL RULES AND REGULATIONS APPLY. MUST BE 18 YEARS OR OLDER TO WIN (19 YEARS OR OLDER IN AL,DE AND NE, 21 YEARS OR OLDER IN MS). PARTICIPATING LOCATIONS ONLY.
1. TIMING: The Piñata Smashlings Party Sweepstakes ("Sweepstakes") begins at 08.00 AM ET onSaturday November 11th, 2023, and ends at 22.00 PM PT on Sunday November12th, 2023 (the "Sweepstakes Period").[CM1]
2. SPONSOR: TheSweepstakes is sponsored by Toikido Ltd. ("Sponsor"). Sponsor will conduct the Sweepstakes substantially as described in these Official Rules. All copyrights and trademarks are the property of their respective owners.
3. ELIGIBILITY:The Sweepstakes is open only to natural persons (and, if the entrant is a minor in their state of residence, who enter with the permission of a parent or guardian), and (ii) a legal resident of the 50 United States or the District ofColumbia,). Employees of the Sponsor, Toikido Ltd., CEC Entertainment Concepts,L.P. and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment, or other coordinating agencies, and their respective immediate family members and persons living in their same house hold are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. By participating in the Sweepstakes, entrants agree fully and unconditionally to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Eligibility to win a prize is contingent upon complying with and fulfilling all requirements set forth herein.
4. HOW TO ENTER:(i) Visit any one of the participating ChuckE. Cheese restaurants [CM2] [CM3] [DD4] during the SweepstakesPeriod and pick up your free Piñata Smashlings Trading Card Starter Pack (whilst stocks last and limited to one per person). (ii) Check to see if the trading card blister pack contains a Golden Chuck E. Cheese trading card [CM5] [DD6] [BJ7] . (iii) If you have a Golden Chuck E. Cheese trading card then go to www.smashlings.com/chuckecheese and follow directions on how to claim your prize. No purchase necessary Piñata Smashlings Trading Card Starter Packs are free to collect from participating Chuck E. Cheese restaurants.Making a purchase does not increase your chances of winning. LIMIT OF ONE (1)ENTRY PER PERSON. Attempts made by the same individual to submit multiple entries may be disqualified. The only methods of entry are those set forth in these Official Rules. No other method of entry will be accepted. All entries must be received by Sponsor before 23.59pm PT Sunday December 31st 2023. Once submitted, an entry cannot be deleted, modified, or canceled. The Sponsor is not responsible for lost, late, misplaced, illegible, mutilated, in complete, incorrect, or undelivered entries, and such entries will be deemed invalid. Entries become the property of the Sponsor and will not be returned. The Sponsor's designated server's clock will be the official timekeeper for the Sweepstakes.For the avoidance of doubt, Sponsor may not provide entrant with confirmation of Sweepstakes entry. As a condition of entering the Sweepstakes, each entrant gives consent for the Sponsor to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering theSweepstakes and complying with applicable laws, regulations, and rules. However, children under 13 will not be allowed to provide any such information, and the Sponsor will also discard any entry knowingly received from persons under the age of 13 in compliance with relevant laws, rules and regulations.
5. PRIZES: Ten (10)prize winners will each win:
A. One (1) birthday party for up to10 children at a Chuck E. Cheese location of their choice. (ARV of each prize US$450.00 [CM8] [DD9] [BJ10] ). Must be redeemed by December 31,2024.
B. One (1) PiñataSmashlings prize pack, consisting of a selection of merchandise and memorabiliafrom Piñata Smashlings (ARV of each prize: US$149.00).
The total ARV ofall prizes available during the entire Sweepstakes Period is $5,990.00. Odds ofwinning 0.002%. [BJ11] [DD12] [CM13] [BJ14]
No transfer, orcash or other substitution of prizes allowed except that the Sponsor reservesthe right, in its sole and absolute discretion, to substitute a prize ofcomparable or greater value. Prizes may be subject to change. Sponsor shallhave no responsibility or obligation to any winner or potential winner who isunable or unavailable to accept or utilize prizes as described herein. Prizesconsist of only those items specifically listed as part of the prize. TheSponsor will not replace any lost or stolen prizes once in winner's possession.Limit of one (1) prize per individual/household per year from Sponsor. Prizesmust be redeemed not later than December 31st 2024[CM15] [DD16] [BJ17] .
6. DRAWING ANDNOTIFICATION: The ten (10) prize winners will be confirmed on following thedirections as per the instructions on www.smashlings.com/chuckecheese.The Sponsor reserves the right to modify the notification procedures inconnection with the selection of any alternate potential winners, if any. Inthe event of a dispute about the identity of an entrant, each entry will bedeclared made by the authorized account holder of the email address provided atentry. The authorized account holder is defined as the natural person who isassigned to an email address by an Internet Service Provider, online accessprovider, or other organization (e.g., business, educational institution, etc.)that is responsible for assigning email addresses for the domain associatedwith the submitted email address. With respect to each winning entry, thewinner may be required to provide proof that the winner is the authorized accountholder of the email address associated with the winning entry and is otherwiseeligible to enter the Sweepstakes.
7. PRIZECONDITIONS: Prizes are awarded "as is, where is," without warranty ofany kind, express or implied, including without limitation any warranty ofmerchantability or suitability for a particular purpose. Except whereprohibited by law, a potential prize winner (or the potential winner's parentor legal guardian if the potential winner is a minor in their state ofresidence) may be required to execute an Affidavit of Eligibility, a LiabilityRelease, and a Publicity Release, and a Tax Acceptance Form ("Affidavit/Release").Such documents must be signed and returned by the date and/or time indicatedwithin such documents. If the documents are not signed and returned within thattime, or if an entrant is found to be ineligible, or if an entrant does notcomply with these Official Rules, each as determined by the Sponsor in theSponsor's sole discretion, then the potential winner will be disqualified, andan alternate potential winner will be selected. Entrant waives the right toassert as a cost of winning a prize any and all costs of verification andredemption to redeem said prize and any liability which might arise fromredeeming or seeking to redeem said prize. Sponsor is not responsible forfraudulent calls or emails made to entrants not by the Sponsor. All entries aresubject to verification prior to awarding of prizes. Eligibility, age, andclaims made by prize winners also are subject to verification prior to awardingof prizes.
8. TAXES: Allfederal, state, provincial, and local taxes, and other tax liabilities(including income taxes), if any, and other incidental costs or expenses notidentified in these rules are the sole responsibilities of the winners. Eachwinner may be required to provide the Sponsor with valid identification and avalid taxpayer identification number or social security number before any prizewill be awarded. Entrants winning over $600 in prizes will receive an IRS form1099 at the end of the calendar year, and a copy of such form will be filedwith the IRS.
9. RELEASE: Byparticipating in the Sweepstakes, entrants agree to release, indemnify, defendand hold Sponsor, Toikido Ltd., CEC Entertainment Concepts, L.P. and theirrespective parent companies, affiliates, subsidiaries, directors, officers,employees, and agents, including advertising and promotion agencies, andassigns, and any other organizations/entities related to the Sweepstakes(collectively, "Releasees") harmless from any and all claims,injuries, damages, expenses, or losses to person or property and/or liabilitiesof any nature that in any way arise from participation in the Sweepstakes oracceptance or use of a prize or parts thereof, including without limitation (i)any condition caused by events beyond Releasees' control that may cause the Sweepstakesto be disrupted or corrupted; (ii) any injuries, losses, or damages(compensatory, direct, incidental, consequential, or otherwise) of any kindarising in connection with or as a result of any prize, or acceptance,possession, or use of any prize, or from participation in the Sweepstakes; and(iii) any printing or typographical errors in any materials associated with theSweepstakes.
10. LIMITATIONOF LIABILITY: The Releasees are not responsible for (i) late, lost, delayed,damaged, incomplete, illegible, misdirected, or undeliverable entries,responses, or other correspondence, whether by email or postal mail orotherwise; (ii) theft, destruction, unauthorized access to or alterations ofentry materials; or (iii) phone, electrical, network, computer, hardware,software program, or transmission malfunctions, failures or difficulties.Except where prohibited, by participating in the Sweepstakes and submitting anentry, each entrant agrees that: (i) any and all disputes, claims and causes ofaction arising out of or in connection with the prize awarded, determination ofa winner, or any other matter relating to the Sweepstakes that cannot beresolved between such entrant and any Releasees shall be resolved individually,without resort to any form of class action; and (ii) any and all claims,judgments and awards shall be limited to actual out-of-pocket costs incurred,including costs associated with entering the Sweepstakes, but in no eventattorneys' fees. Notwithstanding anything to the contrary herein, in no eventshall any entrant seek or be entitled to rescission, injunctive or otherequitable relief or to enjoin or restrain the production, distribution,exhibition, operation or other exploitation of Sponsor's property orproduction, the Sweepstakes, any website, content, advertising or othermaterials used, displayed or issued in connection with the Sweepstakes, or anysubmission or entry, and such entrant's rights and remedies in any such eventshall be strictly limited to the right to recover money damages, if any, in anaction at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT,SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDINGLOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITHPARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIMBASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OROTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO ALL ENTRANTS.
11. PUBLICITYRELEASE: Except where prohibited, an entrant's participation in the Sweepstakesconstitutes entrant's consent (or the consent of the entrant's parent or legalguardian, if the entrant is a minor in their state of residence) to theworldwide, royalty-free use of their name, photo, and/or likeness, biographicalinformation, entry, and statements attributed to them by any Releasee foradvertising and promotional purposes, including without limitation, inclusionon Sponsor's social media platform(s) and website(s), in its email blasts andany other media chosen by the Sponsor without compensation or additionalcompensation.
12. GENERALCONDITIONS: By participating in the Sweepstakes, entrants acknowledge that theyhave read these Official Rules and agree to be bound by them and by thedecisions of the Sponsor, which are final and binding on all matters pertainingto the Sweepstakes. Non-compliance with these Official Rules may result indisqualification, and all associated entries will be void. All entries, asapplicable, become property of the Sponsor, and none will be acknowledged orreturned. Sponsor reserves the right, in its sole discretion and withoutliability to the entrant, to cancel, modify or suspend the Sweepstakes in wholeor in part, in the event of fraud, technical or other difficulties or if theintegrity of the Sweepstakes is compromised. The Sponsor reserves the right todisqualify any entrant or winner, as determined by the Sponsor, in its solediscretion and without liability to the entrant or winner. The Sweepstakes issubject to these Official Rules and all applicable federal, state, and locallaws and regulations. The Sweepstakes is void where prohibited or restricted bylaw. All disputes, issues and/or questions concerning the Sweepstakes,including the rights and obligations of the entrant and the Sponsor inconnection with the Sweepstakes, or the construction, validity, interpretation,and enforceability of these Official Rules shall be governed by, and construedin accordance with, the laws of the State of California without giving effect to any choice of lawor conflict of law rules (whether of the State of California or any otherjurisdiction), which would cause the application of the laws of anyjurisdiction other than the State of California. Any legal actions, suits, orproceedings related to the Sweepstakes (whether for breach of contract, tortiousconduct, or otherwise) will be brought exclusively in the state or federalcourts located in Los Angeles County, California, and each entrant accepts andsubmits to the personal jurisdiction of such courts with respect to any legalactions, suits or proceedings arising out of or related to the Sweepstakes. TheSponsor may substitute prizes of equivalent value, amend the rules, ordiscontinue the Sweepstakes at any time for any reason. The Sponsor disclaimsany responsibility to notify entrants of any aspect related to the conduct ofthe Sweepstakes.
13. FORCEMAJEURE: Without limiting any other provision in these Official Rules, in theevent that any of the Sweepstakes' activities or the Releasees' operations oractivities are affected, as determined by the Sponsor, in their solediscretion, including, without limitation, by reason of any acts of God, anyaction, regulation, order or request by any governmental or quasi-governmentalentity (whether or not the action, regulations, order or request proves to beinvalid), equipment failure, threatened terrorist acts, terrorist acts, airraid, blackout, act of public enemy, earthquake, war (declared or undeclared),fire, flood, pandemic, epidemic or public health crisis, explosion, unusuallysevere weather, hurricane, embargo, labor dispute or strike (whether legal orillegal) labor or material shortage, transportation interruption of any kind,work slow-down, civil disturbance, insurrection, riot, or any law, rule,regulation, order or other action adopted or taken by any governmental,federal, state or local government authority, or any other cause, whether ornot specifically mentioned above, subject to any governmental approval that maybe required, the Sponsor shall have the right to modify, suspend, or terminatethe Sweepstakes, and no Releasees shall be responsible or liable to any entrantor prize winner or any person claiming through such entrant or prize winner forfailure to supply the prize or any part thereof. The Sponsor is not responsiblefor electronic communications that are undeliverable as a result of any form ofactive or passive filtering of any kind, or insufficient space in entrant'semail account to receive email messages.
14.MISCELLANEOUS: This Sweepstakes is not sponsored or co-sponsored by, oraffiliated with, CEC Entertainment Concepts, L.P. The invalidity orunenforceability of any provision of these Official Rules shall not affect thevalidity or enforceability of any other provision. In the event that anyprovision is determined to be invalid or otherwise unenforceable or illegal,these Official Rules shall otherwise remain in effect and shall be construed inaccordance with their terms as if the invalid or illegal provision were notcontained herein. Sponsor's failure to (or decision not to) enforce anyprovision in these Official Rules shall not constitute a waiver of that or anyother provision. In the event there is a discrepancy or inconsistency betweendisclosures or other statements contained in any Sweepstakes-related materialsand these Official Rules, these Official Rules shall prevail, govern, andcontrol and the discrepancy will be resolved in Sponsor's sole and absolutediscretion.
15. WINNERS LIST: For the name of the official prize winner(s) (available after15th January 2024) or a copy of these Official Rules, please email firstname.lastname@example.org[CM18] [DL19] .
Chuck E. Cheeseis the registered trademark of CEC Entertainment Concepts, L.P., all rightsreserved.
[CM1]Hi need the timings confirmed I have drafted asfirst "store" opening on East coast and closing store on the westcoast please modify.
[CM2]Please confirm if this is the correctterminology
[CM3]Or is it Outlets? Family Fun Centres?
[DD4]Use of restaurant is fine.
[BJ7]This is correct
[CM8]Please confirm value of prize
[DD9]Braden, please confirm.
[BJ10]This is correct
[BJ11]Confirm odds phrasing
[DD12]Odds are typically stated as 1 in 20,000 (check my math.
500,000 packs, 10golden tickets - therefore 0.002%?
[BJ14]There are 200,000 packs - 400 per case x 500 cases produced
[CM15]Please confirm this works
[BJ17]This is correct
[CM18]Confirm email address
[DL19]Confirmed we will setup with page