Official Contest Rules for the Kinoo Magic Wand™ Contest
No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning.
Eligibility: The Kinoo Giveaway Sweepstakes (the “Sweepstakes”) is open to legal residents of the United States who are at least twenty-one (21) years old. The Kinoo Magic Wand™ Contest (the “Contest”) will be held in two (2) Rounds: Round 1 is open only to legal residents of the United States who are at least twenty-one (21) years old; Round 2 is open only to legal residents of the United States who are at least twenty-one (21) years old. Entrants or anyone being filmed as part of an entry to either Round cannot have previously been paid to render services or have appeared as a performer in a commercial, a play, a television program, a theatrical motion picture or an entertainment program viewable on the internet, television or any other form of media. Employees of Kinoo, Inc. (“Sponsor”), as well as their immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter. If the Contest is prohibited by any federal, state or local laws or regulations, you are prohibited from participating in the Contest, and the Sponsor, in its sole discretion, may take steps to limit or ban your participation.
How to Enter: The Sweepstakes is as set forth below. The Contest will have 2 rounds of participation as set forth below. The certified winners of Round 1 will be entered into Round 2. There is no limit to the number of entries per person using one Instagram handle, Facebook profile and / or Tiktok account per person. The use of an agency or any automated system to enter is strictly prohibited, and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion. The purchase of Sponsor’s product is not required to participate in the Contest.
Sweepstakes
The Sweepstakes begins on or around August 2nd, 2022 and ends at 11:59pm PST on December 10th, 2022 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Contest.
How to Enter:
Entrants will complete either one of the following requirements to enter Round 1:
1. Submit email address on contest page.
2. Post one or more videos or images of your child (or children) happily engaged using their favorite “magic wand” (could be a paper wand, toy wand, etc) i.e. laughing, smiling, making silly faces, singing and dancing that showcase engagement and having fun on Instagram, Tiktok and/or Facebook using hashtag #KinooMagicWand. Follow and tag @kinoofamily.
The Sweepstakes Drawing: After the close of the Sweepstakes Entry Period, on December 10th, 2022, the Sponsor will select one-hundred (100) Potential Winners in a random drawing from among all eligible entries received via email, on Instagram, Tiktok and on Facebook (each a “Potential Winner”). The odds of being selected depend on the number of entries received.
The Contest Round 1
Round 1 Semi-Finalist Prize Drawing: After the close of the Round 1 Entry Period, on November 15th, 2022, the Sponsor will select twelve (12) Potential Winners in a random drawing from among all eligible entries received via email and on Instagram, Tiktok and on Facebook (each a “Potential Winner”). The odds of being selected depend on the number of entries received.
The Sponsor will attempt to notify the Potential Winners via direct message or email of the Prize Drawing and will request the contact information of the Potential Winners (name, address, phone number) in order to further communicate with them and certify them as Semi-Finalists. If a Potential Winner cannot be contacted within 48 hours after the date of the first attempt to contact him/her, the Sponsor may, at its sole discretion, select an alternate Potential Winner in his/her place at random from the remaining non-winning, eligible entries. The Winners of Round 1 are considered semi-finalists and will move to Round 2.
The Contest Round 2
Round 2 Entry Period: Round 2 of the Contest begins at 12:00am PST on November 28th, 2022 and ends at 11:59pm PST on December 10th, 2022 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Contest.
How to Enter Round 2: Certified Winners of Round 1 are the Entrants of Round 2, and will receive a video script from Sponsor by email on or at least by November 28th, 2022 to participate in Round 2. Entrants will complete the following requirements to enter
Round 2:
1. Create a video of you and your child or children who appeared in the Round 1 using the script provided by Sponsor; and
2. Post the video to Instagram, Tiktok and / or Facebook and tag @kinoo.family by 11:59pm PST on December 10th, 2022.
Round 2 Grand Prize Winner Selection Process: The Round 2 entry will be judged by a panel of six judges and will be selected by the Sponsor at its sole discretion. After the close of the Entry Period, all valid Round 3 entries will be evaluated and judged based on: the child’s facial expressiveness (40%); physical expressiveness — enthusiasm (40%); originality (20%). The judges will score the Round 2 Entrants based on the above and the Grand Prize Winner will be determined by the highest total score. In the event of a tie, the Round 2 entrant with the highest median score wins. The odds of being selected depend on the number of entries or nominations received. The purchase of Sponsor’s product is not required to participate in Round 3 of the Contest.
Sponsor will attempt to notify the Potential Grand Prize Winner within three (3) business days of the completion of the selection process. If a Potential Grand Prize Winner cannot be contacted within 72 hours after the date of the first attempt to contact him/her, the Sponsor may, at its sole discretion, select an alternate Potential Grand Winner in his/her place from the next highest scored Round 2 eligible entry.
Sponsor will publicly announce the Grand Prize Winner by January 9th, 2023.
Entry Periods: Round 1 of the Contest begins on August 2nd, 2022 and ends at 11:59pm PST on November 15th, 2022 (the “Entry Period”). Round 2 of the Contest begins on or around November 28th, 2022 (the “Entry Period”) and ends at 11:59pm PST on December 10th, 2022. Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Contest.
Requirements of Potential Winner(s): Except where prohibited, a Potential Winner (semi-finalist and grand prize winner) may be required to complete and return an affidavit of eligibility and liability/publicity release for him/herself as well as any children being filmed to enter the Contest. If a Potential Winner is a minor, his/her parent or legal guardian will be required to sign the documents on his/her behalf. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place: for Sweepstakes winners, in a random drawing of all remaining entries received and for Round 1 winners, in a random drawing of all remaining entries received, and for Round 2, from the next highest scored Round 2 eligible entry. Only one (1) alternate potential winner may be contacted for either the Sweepstakes, Contest Round 1 or Contest Round 2.
Prize(s)
The one-hundred (100) Sweepstakes winners will each receive a Kinoo Connect Wand ($49 value).
The twelve (12) Round 1 Semi-Finalists will each receive a Kinoo Cash Prize of USD200.
The Grand Prize Winner will receive a trip to Los Angeles, California for a chance for his/her child/children who appeared in the Round 3 video to star in a Kinoo campaign (the “Product Commercial”), which will be filmed in 2023.
Sponsor will provide the Grand Prize Winner and his/her Family Members with: (i) up to four (4) round trip economy class airline tickets (or alternate transportation if the Grand Prize Winner is located in the State of California) to Los Angeles (ii) hotel accommodations for up to four (4) days and three (3) nights in or near Los Angeles, California and (iii) up to four (4), 1-Day ticket to Universal Studios Hollywood (in California)to be used during this 2023 trip to Los Angeles (weather permitting). A “Family Member” refers to the Grand Prize Winner’s spouse or partner and his/her children (including the child/children who appeared in the Round 2 video). The Grand Prize Winner and the child/children who appeared in the Round 2 video must be available for the potential filming of the Product Commercial during this trip to Los Angeles. The approximate retail value of the Grand Prize is USD$2500.
Sponsor will not provide or pay for ground transportation for the Grand Prize Winner or his/her Family Members, or pay for any expenses other than: airfare, hotel accommodations, Universal Studios Hollywood tickets or required expenses in connection with the potential filming of the Product Commercial. Any expenses will be determined at Sponsor’s sole discretion.
All winners are responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor, in its sole discretion. If the Product Commercial is not filmed for any reason, Sponsor may determine a substitute prize at its sole discretion. The Product Commercial may or may not be used, made public, aired or posted online at Sponsor’s discretion. If Sponsor decides to use the Product Commercial, the mode of publication (internet, television or any other form of media) will be determined at Sponsor’s sole discretion.
Product Commercial Requirements: For Round 2, prior to the potential filming of the Product Commercial, the Grand Prize Winner may be required to procure governmental permits, sign liability/publicity releases, open a trust account and cooperate with Sponsor for the procurement of permits or satisfaction of other requirements that Sponsor determines in its sole discretion are necessary for the filming of the Product Commercial with the Grand Prize Winner and his or her child or children. These and other conditions apply to and may impact the potential filming of the Product Commercial. If the Grand Prize Winner and/or Sponsor attempt to meet any or all of the Product Commercial Requirements but are unable to meet them, the Product Commercial may not be filmed, at Sponsor’s discretion. The Grand Prize Winner will receive the Round 2 prizes (the trip to Los Angeles (airfare and hotel) and the Universal Studios Hollywood tickets) described above after being certified and announced by Sponsor, regardless of whether the Product Commercial is filmed or aired.
General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, or worm, a change to any applicable terms of service, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any reason, as determined by Sponsor in their sole discretion, the Sponsor may, in their sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner; or who engages in behavior that is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten, harass or harm any other person, including any child or other person filmed as part of an Entry. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserve the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision, any rights or remedies available to the Sponsor, whether set forth in these Official Rules or elsewhere. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication. In the event of a dispute as to the owner of an online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the owner. Entrants must comply with the applicable terms of service for Instagram, Tiktok and Facebook. Any reference in these rules to “child” or “children” includes any children for whom Entrant is the parent or legal guardian.
Release and Limitations of Liability: By participating in the Contest, Entrants agree to release and hold harmless, collectively and individually, the Sponsor, advertising and promotion agencies, Instagram, Facebook, other companies associated with the Contest, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any Prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, changes to any applicable terms of service, errors that may occur in the administration of the Contest or the processing of entries, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Contest-related materials; (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto); or (g) lost, late, postage-due, misdirected, or undeliverable mail. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Privacy and Publicity: Any information Entrants provide when he or she enters the Contest will be used in accordance with Sponsor’s Privacy Policy. Except where prohibited, participation in the Contest constitutes each Entrant’s consent on behalf of him/herself and his or her children to Sponsor’s use of each of their names, likenesses, voices, opinions, biographical information, and state of residence for promotional purposes in any media, including the Product Commercial and being identified through Sponsor’s social media sites (such as Instagram, Tiktok or Facebook), website and press releases, without further payment or consideration. Sponsor will pay any required compensation in connection with the Product Commercial in compliance with California law. Entrants agree to pursue any judicial approvals requested or required in connection with enforcing the consent to use a child’s name, likeness, voice, opinions, biographical information, and state of residence or other information in connection with the Contest.
Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, 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.
Sponsor: The Contest is sponsored by Kinoo, Inc. The Contest is not sponsored by Instagram, Tiktok or Facebook.
Results: For the names of the winners of any prize over $25, please send a self-addressed stamped envelope to Kinoo at 1423 Broadway Suite 199, Oakland, CA, 94612. Requests must be received by January 30, 2023.
Watch The video
