Official Rules “2023 Topps Social Follow Back Sweepstakes” Sponsored by Topps
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID ONLY IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, VOID IN PUERTO RICO, WHERE PROHIBITED OR RESTRICTED BY LAW, AND OUTSIDE THE UNITED STATES. MANY WILL ENTER, FEW WILL WIN.
THESE OFFICIAL RULES (“OFFICIAL RULES”) PROVIDE THE TERMS AND CONDITIONS OF THE 2023 TOPPS SOCIAL FOLLOW BACK SWEEPSTAKES (THE “SWEEPSTAKES”). BY ATTEMPTING TO PARTICIPATE IN SWEEPSTAKES, ENTRANTS (AS DEFINED BELOW) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE TOPPS COMPANY, INC. (“SPONSOR”), WHICH WILL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THE SWEEPSTAKES.
1. Entry Period; Sweepstakes Overview & Prize: The Sweepstakes will begin on or around 10:01:00 a.m. Eastern Time on March 31, 2023 and ends at 11:59:59 p.m. Eastern Time on April 7, 2023 (the “Entry Period”). The odds of winning depend on the total number of Eligible Entries (as defined below) received for the Sweepstakes. During the Entry Period, Entrants may enter the Sweepstakes by commenting with hashtag #ToppsFollowBack on Sponsor-designated Instagram post. At the conclusion of the Sweepstakes, five (5) Prize (as defined below) will be winners will be selected at random in accordance with Section 5 below.
Prize: Up to five (5) Winners (as defined below) will be followed by the @Topps Instagram account for a period of no less than one (1) year. The approximate retail value (“ARV”) of each Prize is $0.
ENTRANTS EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
TOPPS DOES NOT GUARANTEE ANY INTERACTION BETWEEN A WINNER AND THE @TOPPS ACCOUNT OR ANY OTHER ACCOUNT OR OTHER THIRD PARTY. SPONSOR MAY UNFOLLOW ANY WINNER AT ANY TIME FOR ANY REASON INCLUDING, WITHOUT LIMITATION, BASED ON A WINNER’S SOCIAL MEDIA ACTIVITY. INSTAGRAM IS NOT A SPONSOR OF AND NOT RESPONSIBLE FOR THIS SWEEPSTAKES.
2. Eligibility: The Sweepstakes is open for entrants who are at least eighteen (18) years old or the age of majority in the jurisdiction in which they reside (nineteen (19) years old in Alabama and Nebraska, twenty-one (21) years old in Mississippi) at the time of entry, and are a legal resident of one (1) of the fifty (50) United States or the District of Columbia (each, an “Entrant”, collectively the “Entrants”). Entrants must have a valid, active, and public Instagram.com account and comply with all applicable terms, conditions, policies and requirements of Instagram.com. Employees, officers, and directors of Sponsor and its respective parent companies, subsidiaries, and affiliates are not eligible to participate.
3. To Enter: Enter the Sweepstakes by commenting with hashtag #ToppsFollowBack on Topps’ designated Instagram post during the Entry Period. Use of a profane username or the submission of false or misleading personal information by a Participant will be grounds for disqualification. Determination of information to be profane, false, or misleading is at the sole discretion of the Sponsor. Participants who submit an entry must provide all required information. Incomplete or inaccurate entries are void. Limit one (1) entry per Entrant. Additional entries will be disqualified. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. Incomplete or inaccurate entries,
and entries which are in violation of these Official Rules, are void. All Entries become the property of Sponsor and will not be acknowledged or returned. There is no cost to enter the Sweepstakes, however internet access charges and/or wireless data rates may apply. Entrants should check their internet service and mobile wireless provider for current internet access charges, if any. Entrants should seek the permission of the person paying the bill before entering. If Entrants opt to submit an entry via a wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from a handset according to the terms and conditions of Entrant’s services agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from prepaid account balances. Wireless carriers’ rate plans may vary, and Entrants should contact their wireless carrier for more information on messaging rate plans and charges relating to participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that Entrants understand that they may receive additional messages by mobile device relating to this Sweepstakes, including notifying Entrants if they are the Winner, which may be subject to charges pursuant to an Entrants carrier’s rate plan. Mobile device service may not be available in all areas.
4. Selection of Winner; Notification: On or around April 10, 2023, Sponsor will select five (5) potential winners at random from among all Eligible Entries received (each a “Potential Winner”, collectively the “Potential Winners”). Potential Winners will be contacted on or around April 12, 2023 via Instagram Direct Message to the account used to enter the Sweepstakes during the Entry Period. Entry into the Sweepstakes constitutes consent to be contacted by Sponsor. If any Potential Winner does not respond within seven (7) days of being contacted, Sponsor reserves the right to disqualify such Potential Winner’s entry (and such Entrant will not win any prize) and select an alternate Potential Winner at random from among the remaining applicable Eligible Entries received during the Entry Period. This process will be repeated until five (5) Potential Winners have been contacted and verified, time permitting. The final determination of each Potential Winner shall be in the sole and absolute discretion of Sponsor. If after ten (10) unsuccessful attempts Sponsor has been unable to determine a Potential Winner, Sponsor reserves the right to not award the Prize and to end the Sweepstakes without naming a Winner for the offered Prize. Sponsor reserves the right to delay the announcement of the Winner in its sole discretion. To the extent permitted by law, Sponsor disclaims any liability from, and Entrants, agree to waive, any claims against Sponsor relating to the winner selection or awarding process. Sponsor reserves the right to select an alternate Potential Winner if any Potential Winner fails to comply with these Official Rules.
5. Winner Verification: The Potential Winners must prove eligibility, including, without limitation, proof of age and residence, within forty-eight (48) hours of acknowledging their selection as a Potential Winner. In the event of non-compliance by a Potential Winner such Potential Winner shall be disqualified and all privileges otherwise due as the Winner shall be terminated and an alternate Potential Winner may be chosen from among all of the remaining applicable Eligible Entries received during the Entry Period, if time permits in Sponsor’s sole discretion. Each Potential Winner must, at Sponsor’s discretion, sign within forty-eight (48) hours of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and release of Sweepstakes Entities and their respective officers, directors, employees, agents and members from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of the Prize or any portion thereof to be eligible for the Prize; (b) except where prohibited by law, a promotional release granting Sweepstakes Entities the right to use his/her name and likeness for advertising and publicity purposes without additional compensation; and any other documentation required by Sponsor, including tax-related forms, and Potential Winner’s social security number or local
equivalent for tax purposes (collectively, the “Releases”). Sponsor reserves the right to conduct a background check on any Potential Winner, which may also include a review/monitoring of all of a Potential Winner’s social media accounts, and Sponsor reserves the right in its sole discretion to disqualify any Potential Winner based on the results of such background check or if, at any time, the Sponsor determines, in its sole discretion, that providing the Prize to the Potential Winner might reflect negatively on Sponsor. Entry into this Sweepstakes constitutes Entrant’s agreement to sign such Releases. The Potential Winner shall be responsible for obtaining and returning signed copies of the Releases within the allotted timeframe. Failure to return all such documents and comply with deadlines, noncompliance with these Official Rules or the return of any prize notification will result in disqualification and, in Sponsor’s sole and absolute discretion, selection of an alternate Potential Winner. Upon receipt and acceptance by Sponsor of all aforementioned documentation from a Potential Winner, Sponsor shall deem such Potential Winner as an official Sweepstakes’ winner (each a “Winner”, collectively the “Winners”).
6. General Terms: Arrangements for fulfillment of the Prizes will be made by Sponsor. All details related to the Prize not specified in these Official Rules shall be solely determined by Sponsor. Each Winner remains liable for any and all taxes on the value of the Prize received. Upon entry into the Sweepstakes, each Winner (as well as all other Entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes (if any), and any other costs and expenses associated with the Prize not specifically provided for in these Official Rules, are solely Winner’s responsibility. Sponsor shall have no responsibility or obligation to the Winner, or Potential Winner, who is unable or unavailable to accept or utilize the Prize as described herein. No substitution, transfer or cash equivalent of the Prize or any portion thereof is permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded.
NONCOMPLIANCE WITH ANY OF THESE OFFICIAL RULES, IN SPONSOR’S SOLE DISCRETION, MAY RESULT IN DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER OR ANY BEHAVIOR BY ANY WINNER THAT WILL BRING WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
The Sweepstakes Entities assume no responsibility for incorrect, inaccurate, or late entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the Entries in this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the Prizes and/or Winners. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or modify the Sweepstakes or Official Rules for any reason, including if the Sweepstakes is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes or amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any other aspect of the Sweepstakes in any jurisdiction. Should the Sweepstakes be terminated prior to the stated expiration date, the Prize may be awarded to a Winner to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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. THE NEW
YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless Sponsor, its affiliated companies, parents, sponsors, subsidiaries, successors and assigns and each of their officers, directors, employees, agents, members (collectively, the “Sweepstakes Entities”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs (including, but not limited to reasonable attorneys’ fees) resulting or arising from: (a) the Sweepstakes, and/or (b) any breach or violation of any representation, warranty, obligation or covenant made by each Entrant herein; and each Entrant agrees to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO, LACK OF ACCESS TO, AND/OR USE OF THE SWEEPSTAKES WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES WEBSITE, THE REMOVAL FROM THE SWEEPSTAKES WEBSITE, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Use and Transfer of Personal Information: By entering this Sweepstakes, each Entrant agrees that their entry and any other personally identifiable information collected or used in connection with the Sweepstakes may be used by Sponsor in accordance with its privacy policy located at Topps.com/privacy-policy. Any personal information held by Sponsor in connection with this Sweepstakes will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. If an Entrant gives Sponsor permission to pass on their personal information to a third party then this shall no longer be the responsibility of Sponsor and shall be subject to the privacy policy of that third party.
8. Amendment: These Official Rules may be amended at any time by Sponsor on notice. No waiver of any rights by Sponsor will be taken as a waiver of any other rights it may have.