Holiday Mayhem Terms & Conditions
Toad&Co Holiday Mayhem Daily Sweepstakes Official Rules
THERE IS NO PURCHASE OR PAYMENT NECESSARY TO ENTER THE SWEEPSTAKES. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES. ODDS OF WINNING IN THIS PARTICULAR SWEEPSTAKES DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR THE SWEEPSTAKES. VOID WHERE PROHIBITED.
The Toad&Co Holiday Mayhem Daily Sweepstakes (the “Sweepstakes”) is open only to consumers who are legal residents of the fifty (50) United States (including District of Columbia) who are not residents of Rhode Island, New York and Florida and are twenty-one (21) years or older at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of Toad&Co or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes the entrant’s full and unconditional agreement to these Toad&Co Holiday Mayhem Daily Sweepstakes Official Rules (these "Official Rules"). The decisions of the Sponsor (as defined in Section 2 below) are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Notwithstanding anything to the contrary in these Toad&Co Holiday Mayhem Daily Sweepstakes Official Rules, the Sweepstakes is void in Rhode Island, New York, Florida, and where prohibited.
Toad&Co 2020 Alameda Padre Serra, Suite 125 Santa Barbara, CA 93103 (collectively with any parent, subsidiary, and affiliated companies) is the "Sponsor".
The Sweepstakes begins on November 23, 2022 at 12:01 AM Pacific Time (“PT”) and ends on November 28, 2022 at 11:59 PM PT (the “Sweepstakes Period”). The Sponsor is the official time keeper for the Sweepstakes. Entries received after the Sweepstakes Period are not eligible.
How to Enter
No purchase is necessary to enter the Sweepstakes and any purchase made will not increase the odds of winning. Entrants may enter the Sweepstakes by visiting https://forms.gle/7ssHhynesTVCjXXw7 during the Sweepstakes period and completing an online entry form by providing the required information and submit the online form. Limit one entry per person, per email address, per day during the Sweepstakes Period. Entrants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to submit an entry. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entry in the Sweepstakes and that entrant will be disqualified from the Sweepstakes. Use of any automated system to participate is prohibited and will result in disqualification. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entries must be made by individuals only. Group entries are prohibited. The potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of the Sponsor and will not be returned. The Sponsor reserves the right to contact the entrants and all other individuals whose email address is submitted as part of this Sweepstakes by email.
Potential Winner Selection
On or about December 1, 2022 the Sponsor or an independent judging agency (the "Sweepstakes Administrator") will select entries for the prizes described in Section 8 below in a random drawing of all valid entries received. The entrants will be contacted using the email address provided with entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules.) The Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner and the ultimate Winner (as defined in Section 8 below) is final and binding in all matters related to the Sweepstakes. The potential winners will be notified by email on or about December 1, 2022. Failure to respond to the initial verification within five (5) days of notification or return of notification as undeliverable after three (3) attempts will result in disqualification and an alternate potential winner will be selected.
- THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
Verification of Potential Winner
The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements set forth herein. The potential winner may be required to sign and return to the Sponsor, within ten (10) days of the date notice is sent, (i) an affidavit of eligibility and compliance, (ii) a liability/publicity release (except where prohibited), and (iii) such other documents that are reasonably required by the Sponsor as a condition of receiving the Prize (collectively, with items described in (i)-(ii), the "Claim Documents") in order to claim the Prize. The potential winner will also be required to verify age. If a potential winner of the Prize cannot be contacted, fails to sign and return the Claim Documents within the required time period (if applicable), or if the Claim Documents or Prize notification are returned as undeliverable, the potential winner forfeits the Prize. In the event that a potential winner of a Prize is disqualified for any reason, the Sponsor will award the applicable Prize to an alternate potential winner by random drawing from among all remaining eligible entries.
Prize and Odds of Winning
The daily prizes that will be awarded in the Sweepstakes is outlined as follows:
- Wednesday, November 23, 2022: Chance to win one of ten $100 Toad&Co gift cards
- Friday, November 25, 2022: Chance to win one of ten National Parks Passes
- Saturday, November 26, 2022: Chance to win one of three $250 gift cards to a Toad retailer.
The Prize is non-transferable, and no substitution will be made except by the Sponsor or its partners as provided herein at the Sponsor’s sole and absolute discretion. The Sponsor reserves the right to substitute the Prize for one of equal or greater value for any reason.
The potential winning entrant whom the Sponsor deems to have satisfied all terms and conditions of these Official Rules (the "Winner") is responsible for all taxes and incidental taxes, insurance and fees associated with receipt of the Prize. The potential winner may be required to provide a valid, government-issued form of identification that matches the name under which the potential winner entered and to complete and return to Sponsor an IRS W-9 form with a valid taxpayer identification number or Social Security Number (for tax reporting purposes) before receiving the Prize. Sponsor may issue a Form 1099 for the total value of the prize, including sales tax. The odds of winning the Prize depend on the number of eligible entries received during the Sweepstakes Period. The approximate retail value of the Prize is $250.
Entry Conditions and Release
By entering the Sweepstakes, each entrant hereby agrees to: (i) comply with, and be bound by, these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, which such decisions are binding and final in all matters relating to this Sweepstakes; and (ii) indemnify, defend, release and hold harmless the Sponsor; the Sweepstakes Administrator; any online or other retailing partner of Sponsor and its affiliates, any other sponsor of or partner to the Sweepstakes; the Prize suppliers; and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and all of the respective past and present officers, directors, employees, agents, attorneys, and representatives of the aforementioned entities in this Section 9 (ii) (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to (1) negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, and (2) death or personal injury arising out of or relating to an entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, receipt, use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. All entries must be submitted in accordance with these Official Rules; no other method of entry into this Sweepstakes will be permitted.
Except where prohibited by law, participation in the Sweepstakes constitutes the Winner’s consent to the Sponsor’s and its agents’ perpetual right to use and publish winner’s name, voice, likeness, photograph, Prize information, address, statements, and biographical information for any Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval (unless the winner is a resident of Tennessee or as prohibited by law).
The Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by the Sponsor in its sole and absolute discretion. The Sponsor reserves the right in its sole and absolute discretion 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 any other promotion or 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 civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. Any entrant who is notified that they have won is the potential winner until the Sponsor determines, in its sole and absolute discretion, that the participant is eligible to win in accordance with 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 illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.
Limitations of Liability
The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants to the Sweepstakes, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant's participation in the Sweepstakes, or in connection with the Sponsor’s website, the Sponsor’s Facebook Page, or any third party web site linked from the Sponsor's website; or (vi) any injury or damage to persons or property which may arise out of, directly or indirectly, in whole or in part, the use of or participation in any Sweepstakes or Prize-related activity. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, the Sponsor, at its sole and absolute discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the Sweepstakes. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the California state court located in Santa Barbara County, California unless federal courts have exclusive jurisdiction, in which case they will be resolved in a United States District Court located in Los Angeles County, California; (iii) the exclusive venue for all actions arising out of or connected with this Sweepstakes or any Prize awarded shall be Santa Barbara County, California (or Los Angeles County, California if federal courts have exclusive jurisdiction for such actions); (iv) they shall not object to such venue or assert that such venue is inconvenient or in any way inappropriate; (v) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (vi) under no circumstances will the entrant be permitted to obtain awards for, and the entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, 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. Entrant hereby consents to the personal jurisdiction of the courts of the State of California for purposes of all actions to enforce these Official Rules.
Entrant’s Personal Information
Results for Sweepstakes results or copies of these Official Rules, send a self-addressed, stamped envelope to "Sweepstakes Winners' List" Toad&Co 2020 Alameda Padre Serra, Suite 125 Santa Barbara, CA 93103 c/o Steve McCann. Requests for the winners' list must be received within 45 days of the sweepstakes terminating.
In connection with the Sweepstakes, the Sponsor may provide links to other web sites belonging to affiliated companies of the Sponsor, other sponsors of the Sweepstakes, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, social media companies, and other third parties. The Sponsor does not endorse, warrant or guarantee the products or services available through such other web sites (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and the Sponsor is not an agent or broker or otherwise responsible for the activities or policies of those web sites. If you elect to use or purchase services from third parties, you are subject to their applicable terms and conditions and privacy policies.
Additional Facebook and Instagram Terms.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By entering the Sweepstakes, entrants are providing information to the Sponsor and not to Facebook. By entering the Sweepstakes, each entrant releases Facebook and its parent companies, subsidiaries, affiliates, partners, employees, directors, agents, and advertising agencies from any and against any and all injury, loss, or damage caused or claimed to be caused by such entrant's participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the Prize.
Toad&Co shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright ©2022 Toad&Co® is and other logos or trademarks listed herein are trademarks of Toad&Co and/or other companies in the United States and other countries. All rights reserved.