These are the Official Rules (“Official Rules”) for LeapFrog’s LeapStar Contest (the “Contest”). The sponsor is LeapFrog Enterprises, Inc., 6401 Hollis Street, Emeryville, CA 94608, U.S.A. (“Sponsor”) and the administrator is Booshaka, Inc., 626 Jefferson Avenue, Suite 8, Redwood City, CA 94063 (the “Administrator”).
The Contest is open only to legal residents of the fifty (50) United States (including District of Columbia) (the “Territory”) who are at least eighteen (18) years old at the time of entry. Employees of Sponsor and Administrator, their parents, subsidiaries, affiliates or agencies and suppliers (individually “Entity” and collectively, “Entities”) and the immediate family (i.e. spouse, parents, siblings and children) and household members of each Entity are not eligible. All applicable federal, state, and local laws and regulations apply. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize in this Contest is contingent upon fulfilling all requirements set forth in these Official Rules.
Sponsor’s computer is the official time-keeping device for the Contest. The Contest begins on at 12:00 a.m. Pacific Standard Time ("PST") on the first day of each month and ends at 11:59:59 p.m. PST on the last day of the month (the “Entry Period”) from April 1, 2014 to March 31, 2015 (the “Contest Period”).
4. How to Enter
To enter the Contest you must opt-in to the LeapStar App on LeapFrog’s Facebook page. Enter comments and/or photos telling us about your thoughts and experiences with LeapFrog products (“Submission”). The Submissions from the top 25 Entrants will be judged by a LeapFrog employee at his/her sole discretion, and a winner selected based on the creativity and quality of those Submissions. Neither placement as the number 1 Entrant, nor having the greatest number of Submissions will necessarily ensure an Entrant will win during a particular Entry Period.
By uploading your Submission, you agree that your Submission conforms to LeapFrog’s Facebook Rules of Conduct found here: http://www.facebook.com/LeapFrog/info. Submissions that do not conform with LeapFrog’s Rules of Conduct or actions that interfere with another entrant’s Contest play, including without limitation, marking another entrant’s posts as spam, may result in your disqualification from the Contest at LeapFrog’s sole discretion.
5. Winner Selection and Notification
During the judging phase, a LeapFrog judge, as determined by LeapFrog in its sole discretion, will select one winner from the top 25 Entrants for each Entry Period based on the following criteria:
Limit: Entrants are only eligible to win ONCE DURING THE CONTEST PERIOD. Any Submission made by a winner subsequent to the Entry Period in which they won is ineligible and will not be considered for the remaining Contest Period. Non-winning Submissions from earlier Entry Periods do not carry over into subsequent Entry Periods. Sponsor will notify the potential winner by email during the business week following the end of the Entry Period. Each potential winner will be required to respond to Sponsor’s winner notification confirmation request within 48 hours of when the winner notification email is received in order to provide more information to Sponsor so that he/she can claim his/her prize. If the potential winner cannot be reached, fails to respond within the required time period, or fails to comply with any other term of these Official Rules, that potential winner forfeits the prize and another winner will be selected. Winning is contingent upon fulfilling all requirements of these Official Rules. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, at Sponsor’s discretion. Only one alternate winner will be selected through this process, after which the Contest Prize will be forfeited and will remain un-awarded. If there are not enough entries to pick alternate winners from, the Prize will remain un-awarded. ODDS OF WINNING MAY VARY DEPENDING ON THE NUMBER OF ENTRANTS.
There are a total of twelve Entry Periods awarded during the Contest. There will be one (1) winner selected for each Entry Period. The Contest Prize consists of the winner’s choice of LeapFrog product(s) with a total ARV of $100.00. The Prize is non-transferable, and no cash redemption or equivalent will be permitted except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the winner’s choice of product is or should become unavailable for any reason. Prizes will be mailed to winners within approximately two weeks of from the date of receipt of Winner Verification. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
7. Winner Verification
Any potential winner of this Contest is subject to verification by Sponsor. Winner will be required to sign and return a declaration of eligibility and release of liability within the time frame specified by Sponsor (the “Winner Verification”). Sponsor’s decisions are final and binding in all matters related to the Contest. An entrant is not a winner of any prize unless and until entrant’s eligibility, and/or winners have been verified and entrant has been notified that verification is complete. If selected winner is ineligible or fails to timely return the completed and executed Winner Verification as required by Sponsor, prize may be forfeited and at the sole discretion of Sponsor, an alternate winner may be selected.
8. Entrant's Personal Information
Participation in this Contest by entrant or acceptance of any Contest Prize by an entrant shall constitute and signify entrant’s agreement and consent that Sponsor may use the entrant’s Submission, and the entrant and entrant’s child’s name, city, state, likeness, quotes, photo, or other personal information (collectively “Personal Information”) in connection with the exploitation of the Submission and Personal Information for promotional, advertising, marketing, or other purposes, worldwide, in any and all media now known or hereafter devised, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Contest entrant accepts and acknowledges that Sponsor shall not be obligated to use the Submission or Personal Information, and that Sponsor in its sole discretion shall make that determination. Sponsor shall be permitted to edit the Submission for grammatical errors and for stylistic changes prior to use of such Submission for packaging, advertising and/or marketing purposes. Sponsor shall be allowed to attribute the Submission to entrant (i.e. identify the entrant by his/her full name and/or state) in its packaging, marketing and/or advertising materials.
By participating, entrant agrees to release and hold harmless the Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property arising out of entrant’s participation in this Contest or receipt or use or misuse of any prize, as well as or any claim or cause of action based on publicity rights, infringement of intellectual property, defamation, or invasion of privacy arising from any materials entrant has submitted in connection with entrant’s participation in this Contest.
11. Limitations of Liability
Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the offer or administration of the Contest, including but not limited to errors in the advertising, Official Rules, selection and announcement of the winners and distribution of the prizes or the processing of entries; (5) any inability of any winner to accept or use any prize for any reason; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California, U.S.A. or the appropriate California State Court located in Alameda County, California U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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. 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 in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, U.S.A.
12. Winner List
The Winner’s list announcing winners for each Entry Period will be posted on LeapFrog’s Facebook page at the end of each Entry Period.