AGB: Plüschfiguren-Giveaway

NO PURCHASE OR DOWNLOAD NECESSARY.

A PURCHASE OR DOWNLOAD OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED.

Hooray Studios, d.o.o. (the “Hooray”) publishes a » The Plushies Giveaway (the “ Giveaway”). The Giveaway begins at 1:12 PM on 8th of December 2020 and ends at 23:59 on 13th of December 2020 (“Competition Period”). To enter submit:

  • Step one: Post a photo of your Christmas tree in a comment under the giveaway post

All of the photos must be done and designed in digital form and the final work must be submitted as a digital photo through our Facebook page. Entrants can submit more than on Submission during the Competition Period. Valid Submissions will be collected during the Competition Period. By submitting an entry, each entrant agrees to the Terms of Submission and warrants that his or her entry complies with all requirements set out in the Terms of Submission. Information on how to enter and prizes are form part of these Terms and Conditions (“Terms and Conditions”). By submitting an entry, each entrant irrevocably understands and agrees that entrant can communicate with Hooray only in English language.

Giveaway is open only to legal U.S. residents and residents of the following EU countries: Austria, France, Germany, Italy, Slovenia.

The eligible entrants are individuals who (i) have reached the (a) age of majority in accordance with applicable laws of afore-mentioned EU countries or U.S. states where they reside. their jurisdiction of residence at the time of entry or (b) are of 18 years or above and (ii) who do NOT reside in the states of Rhode Island and Vermont. Employees of Hooray, and their subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. GIVEAWAY IS VOID IN THE STATES OF RHODE ISLAND AND VERMONT AND (ii) WHERE PROHIBITED AND (iii) WHERE REGISTRATION WITH AUTHORITIES OR FULFILLMENT OF OTHER CONDITIONS (E.G. HAVING RULES PUBLISHED IN THE LOCAL LANGUAGE) IS NECESSARY IN ACCORDANCE WITH LOCAL LAWS. ENTRY IS STRICTLY PROHIBITED TO ANY CHILD UNDER 18 YEARS OF AGE WITHOUT WRITTEN CONSENT OF A PARENT OR LEGAL GURDIAN.

EACH ENTRANT HEREBY REPRESENTS AND WARRANTS THAT THE PHOTOS HAVE BEEN MADE AND OBTAINED IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS

The number of entries and Submissions per person is unlimited. Entrants represent and warrant that their Submission is their original work, it has not been copied from others, and it does not violate the rights of any other person or entry. All entry materials become the property of Hooray and will not be acknowledged or returned. Entry into this Giveaway constitutes entrant’s assignment of copyright in the Submission to Hooray and in particular the rights to adapt, reproduce and represent the Submission, in whole or in part, for any purposes and on any supports including Internet. Hooray shall be entitled to use the Submission and the entrant’s name and city and country for editorial, advertising, commercial and publicity purposes by the Hooray and/or others authorized by the Hooray, in any and all media now in existence or hereinafter created, throughout the world, for the duration of the copyright in the Submission. Moral rights in the Submission remain with the entrant. Furthermore, by entering this contents (e.g. photos, texts, etc.), the entrants are granting, where permitted by law, the Hooray and its representatives a non-exclusive transferrable perpetual worldwide license to print, publish, broadcast, distribute, reproduce and use such contents of the Submission on the Internet, press release, in newsletter and event announcements, presentations, articles, social media marketing channels for news, publicity, information, trade, advertising, public relations, and promotional purposes, international expeditions of the Giveaway, and for the future Hooray’s similar events without any further compensation, notice, review, or consent. Each entrant releases and discharges the Hooray, any party associated with the development or administration of the Giveaway, their employees, agents or representatives or any of their parents, subsidiaries, sister companies, or affiliates from any and all liability in connection with the Giveaway, including without limitation, legal claims, costs, injuries, losses or damages, demand or actions of any kind. Entrant hereby agrees to hold Hooray and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waives any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Hooray site, or any other use authorized under these Terms, of any Submission.

Three winners will be chosen from the Giveaway by Hooray at its sole discretion following the end of Competition Period and will be announced on Monday at 1:00 PM.

The prizes are:

  • Three (3) Hooray’s plushies.

All entrants and winners of Giveaway will be published on several different locations selected by Hooray(e.g. Hooray website, Facebook page, Instagram, Twitter, Pinterest, Hooray newsletter etc.), along with each winner’s and/r entrant’s name. All decisions of Hooray are final and binding and not appealable in any fashion. Entrant acknowledges and agrees that Hooray shall have no obligation to post, display or otherwise make publicly available any Submission or information submitted by any entrant, and may, in its sole and unfettered discretion, remove, edit, modify or delete any Submission. Each entrant understands and intends that any Submission may be available for viewing, rating, review and comment on by the public, and understands that comments or ratings with which he disagrees or is unhappy about may be published or otherwise become associated with any Submission. Income and other taxes, if any, are the sole responsibility of the winner. The Prize is not transferable. All entries become the property of Hooray and will not be acknowledged or returned. Except where prohibited: (i) the Submission constitutes consent to use winner’s name, likeness, and entry for editorial, advertising, and publicity purposes, without further compensation; (ii) winner may be required to sign an affidavit of eligibility and copyright transfer/liability/publicity/permission release. If the winner is deemed to be a minor under the jurisdiction of his/her residence, the parent or legal guardian must execute the necessary affidavit and release. Affidavits and releases must be returned within ten (10) days of attempted notification or an alternate winner may be chosen. By submitting any Submission, each entrant hereby waives any privacy expectations that he might have with respect to any such Submission.

Any personal information received by Hooray in connection with this Giveaway will be used solely in accordance with the following Hooray’s privacy policies :

This Giveaway is governed by and controlled by the laws of the Slovenia, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely in Ljubljana, Slovenia.

THE GIVEAWAY HOSTED BY HOORAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.

ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT HOORAY‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

PHOTO RELEASE FORM FOR A MINOR (IF APPLICABLE)

I hereby certify that I am the adult parent or guardian of a child under the age of majority (hereinafter »Child«), who is not legally competent to give consent to processing of Child’s personal data regarding the photos made in relation to the Giveaway, and that I have the legal authority to execute this release on behalf of the Child.

By uploading the photo(s) on our Facebook page (hereinafter “Release Form”), you irrevocably give permission to Hooray together with its affiliates, subsidiaries, and related companies (hereinafter “Hooray Studios”) and its officers, agents, employees, successors, licensees, and assigns to take, reproduce, edit, publish, distribute and otherwise use for advertising, trade and/or promotion of Hooray Studios and its products Child’s appearance, name, likeness and biographical data as included in photo(s) in relation to the Giveaway (hereinafter “Material”). You further give permission to Hooray Studios to use Child’s name and any other personal data in or in connection with any Material. You also waive any right to review and approve publication or other use of Material for the above-described purposes either in its original form or as edited by Hooray Studios now and in the future.

Herein granted right of Hooray Studios to use Material does not constitute an obligation to make use of this right.

Hooray Studios hereby undertakes to process Child’s personal data obtained in accordance with the above permission exclusively for purposes described in this Release Form and in line with the following Hooray Studios’ Privacy Policies and applicable privacy laws:

By uploading the photo(s) on our Facebook page, you also certify and warrant that all photos created by you in relation to the Giveaway have been, to the best of your knowledge, produced in compliance with applicable laws governing child labor in entertainment industry, including (if applicable) but not limited to obtaining from supervisory authority written consent to employ a minor and obligation to establish separate bank account for income from child engagement.

You agree to defend, indemnify and hold harmless Hooray Studios from any and all liability, claim, action, damage, expense, and loss of any kind (including attorney’s fees) caused by or arising out of or in relation to the use of any of the rights granted by you herein. You also agree to indemnify Hooray Studios from any and all liability, claim or action caused by or arising from and in connection to any breach of provisions of this Release Form and any violation of applicable law, including but not limited to applicable labor laws and right to publicity, from your side.

PRIVACY ISSUES

EACH ENTRANT HEREBY GIVES ITS EXPRESS CONSENT TO SHARE ITS PERSONAL INFORMATION (INCLUDING PHOTOS) AS DEFINED IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS WITH HOORAY AND ITS SUBSIDIARIES, PARENT AND SISTER COMPANIES (“HS GROUP”) FOR MARKETING AND RELATED PURPOSES, WHICH ALSO INCLUDES PROCESSING (E.G. POSTING) ITS PERSONAL INFORMATION ON HS GROUP WEBSITES (E.G. HOORAY WEBSITE, FACEBOOK PAGE, INSTAGRAM, TWITTER, PINTEREST, HOORAY NEWSLETTER ETC.), INCLUDING SOCIAL MEDIA CHANNELS (E.G. FACEBOOK, INSTAGRAM ETC.).

EACH ENTRANT HEREBY GIVES ITS EXPRESS CONSENT TO SHARE ITS PERSONAL INFORMATION AS DEFINED IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS (INCLUDING PHOTOS) WITH HS GROUP BUSINESS PARTNERS FOR MARKETING AND RELATED PURPOSES, WHICH ALSO INCLUDES PROCESSING (E.G. POSTING) ITS PERSONAL INFORMATION ON HS GROUP BUSINESS PARTNERS WEBSITES, INCLUDING SOCIAL MEDIA CHANNELS (E.G. FACEBOOK, INSTAGRAM ETC.).

TERMS OF SUBMISSION

I hereby accept The Terms of Submission set forth below and request Hooray to consider certain ideas, suggestions, proposals, comments or materials other than those Hooray has specifically requested (»Submission«). I agree that these Terms of Submission shall apply to all disclosures made or to be made by me which relate to my Submission or which are made incidental to the Submission. “Hooray” as used in the Terms of Submission, includes Hooray Studios d.o.o, its subsidiaries and its affiliated companies.

Hooray does not wish to receive or hold any Submissions “in confidence”. Therefore Hooray will consider the Submissions to be non-confidential and it is agreed that no confidential relationship or obligation of secrecy is to be established between me and Hooray with respect to the Submissions. I understand that Hooray may refer the Submission to various persons within or outside Hooray for the evaluation purposes.

I will rely solely on patent rights, if any, to protect my Submission. By submitting the Submissions under these Terms of Submission I do not grant any rights under existing or future patents to Hooray. However, except for claims of patent infringement, Hooray shall have the unrestricted right to use and disclose any Submissions.

I agree that no obligation of any kind is assumed by, nor may any obligations be implied against either me or Hooray by virtue of my disclosure of the Submission or Hooray’s evaluation of it. In particular, any disclosure by me is made under the express understanding that Hooray assumes no obligation to do more than consider the Submission. Moreover, Hooray shall be under no obligation to reveal to me any information belonging to Hooray in the general or specific field to which my Submission relates. No disclosure by me shall in any way limit or restrict Hooray from using any information previously known to Hooray, or independently developed by Hooray, or that is later known to or developed by Hooray.

Compensation will be awarded to me, at Hooray’s sole discretion, if the Submission is original and new to Hooray and adopted for use by Hooray. The amount of the compensation will be established according to the Hooray’s reasonable judgment. I agree to accept the compensation, as awarded by Hooray at any time, in full settlement of any claims, which I may make against Hooray, except for claims of patent infringement. Unless and until a written agreement providing for the use of the Submission is executed, I understand that I will receive no compensation, and Hooray will have no obligation to me in any respect whatsoever with regard to the Submission.

I warrant that the Submission is original with and wholly owned by me, that I have full and unconditional right to disclose the Submission, that no one else has any right to it, and that I have the right to enter into this Terms of Submission. I agree to indemnify and hold Hooray harmless from and against any and all claims, loss or liability (including reasonable outside attorneys’ fees) that may be asserted against Hooray or incurred by Hooray at any time in connection with the Submission or any use thereof, and/or arising from any breach or alleged breach of any warranty, representation or covenant made by me herein. I believe my Submission and its features to be unique and novel. However, I recognize that other persons, including Hooray’s own employees, may have submitted to Hooray or to others or made public, or may in the future originate and submit or make public, similar or identical material that Hooray or may have the right to use, and I understand that I will not be entitled to any compensation because of Hooray’s use of other similar or identical ideas, suggestions, proposals, comments or materials.

This Agreement, and the relationship established hereunder, shall be interpreted and construed in accordance with the laws of the Slovenia, without regard to its principles of conflicts of laws, and with the same force and effect as if fully executed and performed therein. If any clause or provision of this Terms of Submission is or becomes illegal, invalid or unenforceable, such clause or provision shall be severed and the remaining provisions of this Terms of Submission shall continue in full force and effect.

By uploading the photo(s) on our Facebook page, you hereby accept the foregoing Terms of Submission.