TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS / OFFICIAL RULES CAREFULLY, AS THEY CONTAIN TERMS THAT LIMIT OR MAY OTHERWISE AFFECT YOUR LEGAL RIGHTS AGAINST WONDERFOLD. MORE INFORMATION CAN BE FOUND IN THE SECTION ENTITLED “ARBITRATION; CLASS ACTION WAIVER.”
These are the official rules for this contest (“Contest”). The Contest is sponsored by WonderFold (“Promoter” or “WonderFold”). By entering this Contest, you agree to be bound by and have accepted these terms and conditions (“Terms”), and all decisions of WonderFold relating to the Contest, which shall be final and binding on all entrants. These Terms shall prevail in the event of any conflict or inconsistency with any other communications or documents, including advertising or promotional materials. Please retain a copy of the Terms for your information. Please note that nothing in these Terms shall be construed to restrict or otherwise infringe upon your statutory rights as a consumer.
- This Contest is only open to individual legal residents of the United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions) who are at least 18 years old at the time of entry, excluding employees of the Promoter and their immediate family members. its subsidiaries, other group companies, its agents, or anyone else professionally connected with this promotion.
- The Promoter will randomly select one (1) winner of this Contest (“Winner”). The Promoter will email the Winner by December 8th, 2023 at the email address used by the Winner to enroll in the Contest. The Contest will run from 12:01 a.m. Pacific Daylight Time (PDT) on November 28th, 2023 to 10:00 a.m. PDT on December 7th, 2023 (“Entry Period”). All entries received during the Entry Period are eligible to win the Contest. WonderFold reserves the right to modify, extend, suspend, or terminate the Contest in its sole discretion with or without cause. WonderFold’s computer is the official clock for the Contest. Entries submitted before or after the Entry Period will not be eligible for consideration in the Contest.
- No purchase or payment is necessary to enter or win this Contest. Each entrant can submit a maximum of one (1) entry only during the Entry Period. Only individuals are eligible to submit an entry. Entries submitted by entities, including, but not limited to, corporations, partnerships, limited liability companies, consumer groups, trade groups, or any other affiliations or groups of persons, will not be accepted.
To enter the Contest, you must subscribe to WonderFold’s email and SMS Newsletter during the Entry Period, at the following link: WonderFold - Sign Up (attn.tv). WonderFold is not liable for entries that are lost, late, misdirected, incomplete, garbled, incompletely received, mutilated, or illegible for any reason. Limits: There is a limit of 1 entry per entrant for the entire Entry Period.
The prize for this Contest is an VW4 Volkswagen Stroller Wagon (“Prize”), which shall be awarded to the one (1) Winner. No substitution of the Prize, including cash substitutions, will be permitted, except that WonderFold has the right in its sole discretion to substitute a prize of greater or equal value if the stated Prize is not available. The Prize is not assignable or transferable. The prize is awarded “as is” with no guarantee. All warranties, whether express or implied, including the warranties of merchantability and fitness for a particular purpose, are hereby disclaimed by WonderFold. Any Prize details not specified above will be determined by Wonderfold in its sole and absolute discretion. Any costs and expenses associated with acceptance of the Prize and its use are the Winner’s sole responsibility, including, but not limited to, shipping costs for the Prize. In the event that the Prize is lost or stolen after acceptance by the Winner, WonderFold holds no obligations to the Winner and expressly disclaims any such liabilities or damages The odds of winning the Prize depend on the number of eligible entries entered during the Entry Period. WonderFold’s selection of the one (1) Winner shall be made in its sole and absolute discretion, and is binding on all Contest participants.
The Winner of the Prize will be selected by WonderFold by December 7th, 2023. The Winner will be chosen randomly from all eligible entries received during the Entry Period. The Winner will be notified by email by December 8th, 2023 (“Prize Notification”). The Winner must respond to the Prize Notification via email within one (1) business days of receipt of the Prize Notification to claim the Prize and confirm an eligible entry in the Contest. If the Winner does not respond to WonderFold via email within one(1) business days of the date of the Prize Notification or fails to confirm an eligible entry in the Contest within that time period, or if WonderFold’s Prize Notification is returned as undeliverable, the Winner will be immediately disqualified and will forfeit the right to receive the Prize. An alternate Winner may be selected in their place from the pool of remaining eligible entries at WonderFold’s sole and absolute discretion, who will be subject to the same disqualification and forfeiture conditions. The first eligible Winner that WonderFold successfully contacts by email and who claims the Prize in accordance with these Official Rules will be declared the final Winner. The Winner may waive the right to receive the Prize or otherwise become disqualified from the Contest for failure to comply with these Official Rules, resulting in the selection of a substitute Winner from among all remaining eligible entries. The Winner may be required to provide evidence of identity in connection with claiming the Prize. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes, contests, or prize drawings of WonderFold.
Entry and acceptance of the Prize constitute permission for WonderFold to use the Winner's name and likeness for marketing, advertising, and/or promotional purposes without further compensation, except where prohibited by law.
Income and other taxes, if any, on the value of the Prize are the sole responsibility of the final Winner. If required by law, WonderFold will issue a Form 1099 to the Winner for the approximate retail value of the Prize. The Winner is solely responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of the prize. WonderFold shall not be liable in any way for, and does not make any representations regarding, the tax treatment of the Prize.
In the event that the operation, security, or administration of the Contest is impaired in any way, WonderFold may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the letter and spirit of these Official Rules; or (b) award the Prize from among the eligible entries received up to the time of the impairment. WonderFold reserves the right, in its sole discretion, to disqualify any individual who tampers with the operation of the Contest, violates these Official Rules, or otherwise acts in an unsportsmanlike or disruptive manner. WonderFold reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Contest. Failure by WonderFold to enforce any term of these Official Rules shall not constitute a waiver of that provision, or any other provision of these Official Rules. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
By entering, you agree that WonderFold will not be liable for losses or injuries of any kind resulting from acceptance, possession, use, or misuse of the Prize; travel to and from any prize-related activity; participation in the Contest; printing, mailing or distribution errors; or any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof; or for any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, postage-due, forged, illegible, inaudible, mutilated, mechanically duplicated, mass machine printed, or otherwise not in compliance with these Official Rules. WonderFold does not assume any responsibility for any disruption, including but not limited to the failure or interruption of any Internet service provider. WonderFold is not responsible or liable for any injury or damage to any participant’s or third person’s devices and/or their contents, relating to or resulting from entering or participating in this Contest. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed.
By entering the Contest, you agree, on behalf of your heirs, assigns, personal representatives, next of kin, and yourself, to the fullest extent permitted by law, to hereby forever release, discharge, acquit, indemnify, and hold harmless WonderFold and its successors, assigns, executors, administrators, legal representatives, partners, employees, servants, officers, directors, contractors, agents, representatives, subsidiaries, affiliates, parent corporations, agencies, suppliers, vendors, any and all persons or entities under their respective control or in privity with them, and any company involved in the design, production, execution, or fulfillment of the Contest (collectively, the “Released Parties”) from and against any and all damages, liability, costs, expenses, attorneys’ fees, claims, demands, suits, actions, and causes of action of whatever kind, nature, or description, whether legal or equitable, and all consequences thereof, including any losses, costs, or damages (including, but not limited to, punitive, incidental, and consequential damages), known or unknown, liquidated or unliquidated, fixed or contingent, that you may have now and/or in the future, no matter how caused, arising out of or relating to in any way the Contest including, but not limited to, any transactions, dealings, conduct, contracts, agreements, actions, failures to act, conversations, facts, circumstances, representations, statements or any other matter or thing whatsoever having occurred, at any time, arising out of or relating to the Contest in any way including, but not limited to, preparation for and/or participation in the Contest, or the acceptance, use, or misuse of the Prize, including, but not limited to, any resultant liability or damage for personal injury, other negative reaction, damage or loss associated with the Contest, or any breach or alleged breach by you of any affirmation, undertaking, or obligation set forth in these Official Rules. All potential winners are subject to verification by WonderFold, whose decisions are final and binding in all matters related to the Contest. An entrant is not the Winner of the Prize, even if the Contest should so indicate, unless and until the entrant’s eligibility and the potential winning entry has been verified and the entrant has been notified that verification is complete. WonderFold will not accept alternative evidence of winning in lieu of its validation process. You further agree that, in the event that you bring a claim, action, or lawsuit in violation of these Official Rules, you will be liable for any and all attorneys’ fees and costs incurred by the Released Parties in connection therewith.
By entering the Contest, you expressly waive, the provisions, rights, and benefits conferred by or under California Civil Code section 1542, or any other law of the United States or any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to section 1542, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You acknowledge that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you acknowledge and agree that the releases given by entering the Contest shall remain full and complete, notwithstanding any later discovery or existence of any such additional or different claims or facts. It is your express intent to once and forever release and waive all possible claims that you may have or may have against each and every of the Released Parties relating to the matters being released regardless of the factual or legal basis of those claims and regardless of whether they are presently known or unknown.
You accept and agree to participate in the Contest at your own risk and take sole and absolute responsibility for any injuries, or negative reactions arising out of, incurred in connection with, or relating to your participation in the Contest and WILL NOT HOLD ANY OF THE RELEASED PARTIES, COLLECTIVELY OR INDIVIDUALLY, RESPONSIBLE THEREFOR.
Limitations of Liability
IN NO EVENT WILL WONDERFOLD BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE PARTIES AGREE THAT IN NO EVENT SHALL WONDERFOLD’S LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT DAMAGES OR LIABILITIES EXCEED IN THE AGGREGATE THE AMOUNT OF FIFTY U.S. DOLLARS (USD $50.00).
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE OFFICIAL RULES, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE LOCATED IN SUCH A JURISDICTION.
ARBITRATION; CLASS ACTION WAIVER
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully as it requires you to arbitrate disputes with WonderFold and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to the Contest, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or WonderFold may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration with a description of your claim to our representative at Marketing@WonderFold.com. The arbitration shall be conducted by JAMS, an established alternative dispute resolution provider. If JAMS is not available to arbitrate, the Parties shall select an alternative arbitral forum. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
YOU AND WONDERFOLD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, EXCEPT WITH RESPECT TO CLAIMS ASSERTED IN SMALL CLAIMS COURT, OR IF YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out within thirty (30) days after first becoming subject to this Arbitration Agreement to Marketing@WonderFold.com. If you opt out of this Arbitration Agreement, all other parts of the Official Rules will continue to apply to you.
You agree that these Official Rules and all subject matters in connection with the Contest, except for the Arbitration Agreement above, are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any of its conflict of laws principles.
You agree that if any portion of these Official Rules or arbitration agreement is invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder will continue in full force and effect.