BGK BONANZA GIVEAWAY OFFICIAL RULES

NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF

A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THIS PROMOTION IS VALID ONLY IN THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC).

VOID IN QUEBEC & WHERE PROHIBITED.

BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND RELEASE ALL CLAIMS AGAINST THE RELEASED PARTIES AND TO AGREE TO ARBITRATION WITH NO CLASS RELIEF AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF, UNLESS PROHIBITED.

ELIGIBILITY:  The BGK Bonanza Giveaway (the “Giveaway” or “Promotion”) is open only to legal residents of the 50 United States, the District of Columbia, and Canada (except Quebec), who are legal age of majority in their jurisdiction of residence. Employees of Bubblegum Kids Inc. (the “Sponsor”), its parent (if applicable), affiliates, subsidiaries, advertising, promotion partners and internet agencies, and each of their respective officers, directors, and agents (collectively "Released Parties") and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible. The Giveaway is void in the province of Quebec and where prohibited. All federal, state, provincial and local laws and regulations apply. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.

PROMOTION PERIOD:  The Giveaway begins on August 29, 2023 and ends at 11:59:59 PM ET on November 29, 2023 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

TWO WAYS TO ENTER: 

Entry via an Online Purchase:  Internet connection required. During the Promotion Period, eligible entrants will receive one (1) entry for every $1 USD spent on eligible purchases made online at www.bubblegumkids.com (the “Website”). The number of entries you receive will be based on the list price of your eligible purchase (excludes discounts, sales tax, and shipping charges) and will be rounded up to the nearest dollar.  Purchasers of gift cards will receive one entry for every $1 spent, based on the face value amount of the gift card purchased, e.g., a $50 gift card purchase will garner 50 entries. Purchases made using a gift card are not eligible to receive entries; however, a purchase that exceeds the gift card value will be eligible to receive entries based on the balance due after the gift card is applied to the item purchased (e.g., a $60 USD eligible purchase using a $50 gift card will garner 10 entries).  Your purchase transaction must be received by 11:59:59 PM ET on November 29, 2023 to be eligible to receive entries.  No limit on the number of entries received with a purchase. By entering via the Website, you consent to receive email marketing communications from the Sponsor.

ENTRY MULTIPLIER: Throughout the Promotion Period, the Sponsor may announce opportunities to increase the number of automatic online purchase entries you may earn by a multiplier, e.g., (2X), (5X), (10X) (each an “Entry Multiplier”). When an Entry Multiplier is offered, entries will be multiplied by the applicable Entry Multiplier. For example, a $20 USD purchase during a 10X Entry Multiplier offer will earn 200 entries. Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will be announced on the Website and/or on its social media pages.

No Purchase Required - Mail-In Method of Entry: To receive five (5) entries without making any kind of purchase, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state/province, zip/postal code, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code. Mail your entry in a #10 business-size envelope with first-class postage affixed to:  BGK Bonanza Giveaway Entry, POB 738, Syosset, NY 11791-0738 USA. Your outer-mailing envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Statements contained in mail-in entries will not be judged but must be unique. Statements must not in any way reflect negatively upon Sponsor, the Promotion or any other person or entity. Entries that are postmarked by November 30, 2023 and received by December 7, 2023 will be eligible for the drawing. Each mail-in entry will count as five (5) entries, provided that the mail-in entry complies with the above requirements.

To receive additional entries during an Entry Multiplier offer without making a purchase, follow the instructions for mail-in entries above, and hand write the words “ENTRY MULTIPLIER” and the Entry Multiplier (as described above) being offered on the bottom right-hand corner of the envelope. Your mail-in entry must have a postmark that corresponds to the date an Entry Multiplier is offered and received within 5 days of the offer’s deadline. If an Entry Multiplier offer ends on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day and received within 5 days of the offer deadline. Each mail-in entry received that complies with all the above requirements will receive the applicable number of entries for the respective multiplier that is offered (e.g., 10x multiplier = 50 entries, per mailing envelope).

Mail-in entries that are not in the format specified above, that are illegible, inaccurate, incomplete, or reproduced via photocopier or otherwise will be considered null and void. Proof of submission does not constitute proof of receipt. Not responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into; requests for confirmation of receipt of mail-in entries will not be acknowledged.

RANDOM DRAWING: A random drawing to select winners will be conducted on or about Friday, December 8, 2023 from among all eligible entries received. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an independent judging organization whose decisions are final. Odds of winning a prize will depend on the number of eligible entries received.

WINNER NOTIFICATION:  Prize award is subject to eligibility verification. Potential winners will be contacted by email and/or phone by the Administrator and/or the Sponsor, and may be required to complete and return a Declaration of Compliance, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release; US residents who are winners of prizes valued at $600 or more will be required to complete a W-9 Tax form; Canadian residents who are selected as potential winners must correctly answer a time-limited mathematical skill-testing question (without assistance of any kind, mechanical or otherwise), which may, in the sole and absolute discretion of the Sponsor be administered online, by email or other electronic means, by telephone, or within the Declaration and Release (collectively “Documents”). All completed Documents must be returned within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of same. Failure to return required Documents or respond to a notification within the time specified or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner will be selected. In the event a potential winner is deemed ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner completing and returning all required Documents. Only three (3) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded.

SCAM ALERT - Protect yourself from scams. If you are selected as a potential winner in one of our Giveaways, our Administrator, Marden-Kane will contact you via the phone number and/or the email address you provided on your order/mail-in entry form. You will NEVER be asked to provide a credit card, bank information or a payment of any kind as a condition of a prize award. Those are sure signs of sweepstakes scams.  We do NOT use social media to contact winners of the giveaways we offer. Prize winnings must be reported to the IRS by U.S. winners when filing your tax returns, and any federal or state income taxes would need to be paid by you directly to the IRS. For more information, visit http://www.mardenkane.com/scammer-alert and/or Scam Alerts | FTC Consumer Information.

PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”):  All prize values stated in USD. A total of 56 prizes are available to be won in this Giveaway. The total value of all prizes offered is USD$28,932.

 

(Quantity) Item Name

ARV each in USD

1 Disney Dream Vacation* (awarded in the form of a gift certificate/travel voucher): $10,000
1 Universal Hollywood Vacation* (awarded in the form of a gift certificate/travel voucher): $6,000
1 Vintage Mrs. Pacman Arcade Machine: $1,800
1 iPhone 14 Pro Space Black 128 GB No Apple Care: $1,000
1 Jack the Black Cat Squishmallow: $900
1 Samsung 75-inch Class CU7000 Crystal UHD 4K Smart TV Tizen: $750
1 Disney Castle Lego Playset: $600
1 Simpsons Lego Playset: $539
1 PS5 Console: $500
1 Apple iPad 10.9 Inch 10th Generation Silver Wifi Only 64 GB No Apple Care: $450
1 One Sealed Pokemon Base Set 1999 Booster Pack (Artwork May Vary): $410
1 Nintendo Switch Console: $300
1 Xbox Series S: $288
1 $250 Amazon Gift Card: $250
1 $250 Toys R Us Gift Card: $2501 $250 Best Buy Gift Card: $250
1 Sega Dreamcast (used) with one controller: $240
1 Barbie Dreamhouse Playset: $200
2x Furbys brand new in box (Model 70-800 Tuxedo Black): $200
1 PS2 With Controller (Used): $200
1 2006 10th Anniversary Fisher Price Tickle Me Elmo (brand new sealed): $150
1 Gameboy SP (Silver Color) (used) with charger: $150
1 Gameboy Advance System Purple (used): $150
1 Original Xbox With Controller (used): $150
1 Nintendo Gamecube Purple (used) with one controller: $130
1 Sony PSP 1000 With Charger (used): $125
1 PS1 with Controller (used): $120
1 Gameboy Color Atomic Purple (used): $110
1 Gameboy Color Teal Console Only (used): $110
1 PS3 Fat Version 80GB With Controller (used): $110
1 Xbox 360 With Controller (used): $110
1 1996-97 Vintage Brand New Tamagotchi sealed Pink: $100
1 1996-97 Vintage Brand New Tamagotchi sealed Yellow: $100
1 1996 Bop It sealed: $100
6 Bubblegum Kids Skateboard Deck Custom: $100
10 Bubblegum Kids Prize Pack: $100
1 Nintendo 64 Consoles with 1 controller (used): $90
1 Nintendo NES with one controller (used): $90
1 Original Nintendo DS With Chargers (used): $90
1 Sega Genesis (used) with one Controller: $90
1 Nintendo Wii with one controller (used): $80
1 Razor Scooter (Green): $50

Some prizes may be used/refurbished. Sponsor reserves the right to substitute a prize of equal or greater value, where lawful, at its sole discretion. No substitution or transfer of prize by winner permitted. Prizewinner shall bear all risk of loss or damage or theft of a prize after taking delivery, and Sponsor will have no obligation to replace it. Prizes are awarded “AS IS” and without warranty of any kind by Sponsor or Administrator, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warrantees on a prize that are goods or services are subject to the manufacturer’s or service provider’s terms and conditions, and winners agree to look solely to said manufacturer or service provider for any such guarantee or warranty claim. Photographs of prizes in any media are for illustrative purposes only and may not be the actual prize awarded. All details and restrictions of a prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Prizes consist of only the item(s) specifically listed as part of the prize.

Winners are solely responsible for any applicable federal, state and local taxes/duties and any other expenses related to the acceptance and use of a prize not specified herein. The value of a prize may be taxable as income; US residents who are winners of prizes valued at $600 or more will receive an IRS form 1099 for the total value of the prize, as stated herein. In no event will more than the stated number of prizes be awarded.

*Additional Vacation prize disclosures - Vacation prizes will be awarded in the form of a gift certificate/travel voucher. The prize may only be redeemed by the winner (the person whose name is printed thereon). Travel must be booked through the designated Travel Agency named on the gift certificate/travel voucher and travel must be completed by December 31, 2024, or prize will be forfeited, and Sponsor will have no obligation to award compensation in lieu thereof.  Winners are solely responsible for determining and complying with all applicable international/domestic travel procedures and restrictions. Confirmation of travel bookings will be at the Travel Agency’s sole discretion. Sponsor is not responsible for arranging dates and times of travel. All associated travel bookings are subject to availability. Black-out periods and other restrictions may apply. Winner is responsible for all travel-related costs that exceed the value of the gift certificate/travel voucher. A credit will not be issued if the full value of the gift certificate/travel voucher is not utilized. Any expenses such as meals, travel documentation fees, spending money and additional travel beyond what is purchased using the gift certificate/travel voucher will be the sole responsibility of the winner. Airline tickets redeemed with the gift certificate/travel voucher may not be eligible for frequent flyer miles. Any documents awarded to a winner become the responsibility of the winner upon possession of same and will not be replaced. Gift certificates/travel vouchers are subject to all terms and conditions of the issuer. Released Parties are not responsible for travel delays or cancellations. If, for any reason whatsoever, winner is unable to travel after travel arrangements have been made, Sponsor shall have no further obligation to winner and no alternate winner will be selected. Prize elements may not be separated or redeemed for cash. Winner is responsible for obtaining and possessing all required valid photo ID, passport and/or other relevant travel documents prior to travel. Winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. 

RELEASE:  Entrants/winner agree to release, discharge and hold harmless Released Parties, and their respective successors and assigns from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage to or loss of property) arising out of participation in the Giveaway or acceptance, use or misuse of a prize, or the use of any Giveaway-related photo/video/entry, and agree to be bound by the Official Rules and the decisions of the Sponsor and/or Sponsor’s representatives, which are final. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize.

NOTICE:  ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Promotion. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic/pandemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/it’s agencies, in their sole discretion. In the event of termination, a notice will be posted online and a drawing to award the Grand Prize will be conducted from among all eligible entries received prior to termination. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic/pandemic, act of public enemies or any act outside of the Sponsor’s control/force majeure event, will not be considered a breach of these Official Rules. In the event a dispute arises regarding the identity of the entrant, entry will be deemed made by the person whose name appears on the online order form or mail-in entry. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These Official Rules contain terms that govern how claims relating to this Promotion will be resolved. They also limit the ability to bring claims on behalf of other persons (that is, it prohibits bringing any class action or collective or representative proceeding). The Official Rules also limit the type of damages that can be recovered. Please read these terms carefully as they impact your legal rights and, by participating in the Promotion, you are agreeing to the terms.

Disputes: 

For US residents:

By entering, entrants irrevocably consent to the dispute resolutions stated below as well as to the sole and exclusive jurisdiction of the courts of the State of New York for any action, suit or proceeding arising out of or relating to this Promotion. Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration by one arbitrator in the State of New York, USA in accordance with the rules of the American Arbitration Association, and the arbitrator’s decision shall be binding and final. 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 Giveaway, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York, USA. This arbitration provision shall survive conclusion, modification or termination of the Promotion and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Promotion.

For Canadian residents:

Except for matters that are expressly excluded from arbitration hereunder, any controversy, dispute, disagreement, or claim arising out of, relating to or in connection with this Giveaway or any breach thereof, including any question regarding its existence, validity, or termination, shall be finally and conclusively resolved by arbitration. The following provisions shall govern any arbitration hereunder:

(a) The legal seat of arbitration shall be Toronto, in the Province of Ontario, Canada.

(b) There shall be one arbitrator agreed to by the Parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the ICDR Canada in accordance with its Canadian Arbitration Rules. The Parties agree that one arbitrator shall be appointed by each Party within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the ICDR Canada in accordance with its Canadian Arbitration Rules and the third, presiding, arbitrator shall be appointed by agreement of the two Party-appointed arbitrators within fourteen (14) days of the appointment of the second arbitrator or in default of such agreement, by the ICDR Canada.

(c) The language of the arbitration, including the hearings, documentation, and award, shall be English.

(d) The Parties shall equally share the fees of the arbitrator(s) and the facility fees.

(e) The Parties shall each bear their own legal costs and expenses of the arbitration.

(f) Any decision of the arbitrators (two of the three arbitrators) shall be final and binding on the Parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law.

(g) The governing law of the arbitration shall be subject to Canadian law, as applicable, and otherwise by the laws of the Province of Ontario.

(h) The arbitration procedures, hearings, documents, and award shall remain strictly confidential between the parties.

 

PRIVACY:  Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Giveaway for the purposes of administering the Giveaway and prize fulfillment. By participating in this Giveaway, entrants consent to such collection, use, and disclosure of your personal information. Information collected from participants is subject to Sponsor’s privacy policy.

WINNERS LIST:  Winners will be posted at www.bubblegumkids.com on or about December 29, 2023, or after all winners have been verified.

SPONSOR:  Bubblegum Kids Inc., 155 Wellington St W, 40th Floor, Toronto, ON M5V317 CANADA. Mail-In entries will not be accepted at this address.

ADMINISTRATOR:  Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416 USA.

The manufacturers of prizes offered are not Sponsors or participants in this Giveaway and no association or endorsement is implied.

This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platforms.

Copyright 2023 Marden-Kane Inc.  All rights reserved.  Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.