These Official Rules govern each “Free Furry Friend Giveaway” that is conducted from time to time at a participating Build-A-Bear retail store (each a “Giveaway”). Each store’s Giveaway is a distinct promotion, subject to the terms and conditions disclosed in the store’s promotional material that describes the Giveaway and to these Official Rules.
Eligibility. Each Giveaway is open to citizens and legal permanent residents of the United States who are at least 18 years of age at the time of entry and who reside within fifty (50) miles of the location of the store that is the subject of the Giveaway. The Giveaway is void elsewhere and where prohibited by law. Employees of Sponsor (defined below), and each of its parents, subsidiaries, affiliates, and their respective affiliates, subsidiaries, advertising and promotion agencies, wholesale distributors, and individual retail licensees, as well as the immediate family and household members of each of the aforementioned, are ineligible to participant in the Giveaway.
Sponsor. Build-A-Bear Workshop, Inc., with offices at 1954 Innerbelt Business Center Drive, St. Louis, Missouri 63114 (“Sponsor”).
Agreement to Official Rules. By participating in the Giveaway, entrants fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Giveaway. For the avoidance of doubt, each store’s promotional materials relating to a specific Giveaway together with the terms and conditions set forth herein shall collectively and solely constitute the Official Rules for that particular promotion. In the event of a conflict between a store’s promotional material and the terms and conditions set forth herein, the store’s promotional material will govern. In addition, in the event of a conflict between a store’s in-store promotional material and its external promotional material (e.g., emails or social media posts), the store’s in-store promotional material will govern.
Timing. Each Giveaway begins at the time and on the date specified in the promotional material that describes the Giveway and ends on the same date at the close of business at the store, while supplies last (the “Giveaway Period”). Sponsor’s clock shall serve as the official clock for the Giveaway.
How to Enter: Entrants may enter by going to the participating store during the Giveaway Period and following all entry instructions. No other methods of entry are acceptable. Limit one entry per person.
Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Giveaway.
Prizes/Value/Odds. The promotional material will identify the number of prizes that will be awarded for each Giveaway. Each prize consists of only the prizes identified in the promotional material. The approximate retail value (“ARV”) of each prize also will be identified in the promotional material. The odds of winning will depend on the total number of eligible entries received.
Winner Selection and Notification. The number of prizes specified in the promotional material that describes the Giveaway will be awarded on a first-come basis, based upon the first entrants to visit the participating store and complete the entry instructions. For each entrant that qualifies as a prize winner, separate prizes will be awarded to that entrant as well as all minor children who accompanied that entrant to the store and who are in attendance with that entrant at the time of entry (until the stated number of available prizes are awarded). For example, if twenty (20) prizes are to be awarded in an applicable Giveaway and the first four qualifying entrants are each accompanied by four children, then the entire prize pool for the Giveaway will be awarded to those four entrants and their accompanying children.
Potential winners will be notified in the participating store during normal business hours on the day of the Giveway via the information they provided in the entry. Potential winners may be required to complete, sign, and return an Affidavit of Eligibility, Liability Release and (except where prohibited by law) Publicity Release, (collectively the “Release Documents”) on the day of the Giveaway. In the event of noncompliance, potential winners may be disqualified and prize may be forfeited and an alternate winner selected as set forth below. If a potential winner cannot be located, does not complete, sign and return the Release Documents on the day of the Giveaway, or is for any other reason deemed to be disqualified or ineligible, then that potential winner may forfeit the prize, after which another potential winner will be selected in the manner described herein.
If the Giveaway, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein.
Prize Conditions. Winners may not substitute or transfer prizes offered or any portion thereof. Sponsor reserves the right to change the date of the Giveaway or to substitute the prize with a prize of equal or greater value. Actual value of prize may vary and if the actual value of the prize or any portion thereof is less than the ARV set forth in these Official Rules, no cash equivalent will be awarded. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
All expenses relating to participating in the Giveaway, or acceptance or use of the prize are the sole responsibility of the winner. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied, offered by Sponsor. Sponsor, and each of its parents, subsidiaries, affiliates, licensors, licensees, contractors, distributors, suppliers, sales representatives, retailers, advertising or promotion agencies, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Releasees”) are not responsible for damage to a prize or loss of a prize after the prize has been claimed.
WINNER ACKNOWLEDGES THAT PRIZES ARE AWARDED AS-IS. RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS OR NON-INFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF ANY PRIZE. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.
ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED, ALL NECESSARY DOCUMENTS HAVE BEEN RETURNED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY, IS VOID, AND WILL NOT BE HONORED.
General Terms & Conditions. By entering the Giveaway or accepting or using any prize, entrants hereby waive and release, and agree to indemnify, defend and hold harmless, the Releasees, from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Giveaway or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Giveaway, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, invasion of privacy, or any combination of the foregoing.
By entering, entrants grant Sponsor the irrevocable right and permission to use, separately or together, their name, voice, statements, photograph, likeness, recorded performance and/or biographical information, in whole or in part, on the internet and in all media now known or hereinafter developed, in perpetuity throughout the world, for all purposes, including, without limitation, the purposes described in these Official Rules and for general promotional and advertising purposes, without further permission or compensation., without restriction as to alteration, without notice to entrant, and without entrant’s consent, review, or approval, where permitted by law.
Acceptance of prize offered constitutes permission from winners for taking and use of video and photographs of the winners and their guests and the use by the Sponsor of such video and photographs as well as the winner’s name, voice, biographical information and/or likeness for purposes of advertising and promotion without further compensation in all media now known or hereafter discovered worldwide and on the World Wide Web without notice or review or approval, where permitted by law.
Entrants agree that the rights granted to Sponsor in these Official Rules are without compensation or attribution of any kind. Entrants and entries that fail to comply with any of the provisions of these Official Rules will be disqualified.
Persons who tamper with or abuse any aspect of the Giveaway, act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, as solely determined by Sponsor, will be disqualified. Releasees are not responsible for any incorrect or inaccurate information, regardless of the cause, and assume no responsibility for any errors, omission, deletion, interruption or delay in the conduct of the Giveaway. Releasees are not responsible for injury or damage to participants’ or any other person’s property related to or resulting from participating in this Giveaway. Should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by causes which, in sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Giveaway, or submission of entries, the Sponsor reserves the right, in its sole discretion, to suspend, modify, or terminate the Giveaway, and randomly select the winners from valid entries received prior to the action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
As a condition of entering this Giveaway, each entrant agrees that: (1) under no circumstances will the entrant be entitled or permitted to obtain awards for, and entrant expressly waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; (2) any and all disputes, claims, causes of action, and liability arising out of or connected in any way with this Giveaway shall be resolved individually, without resort
to any form of class action, and exclusively by litigation conducted in United States District Court for the Eastern District of Missouri, Eastern Division, or any state court located in St. Louis County, Missouri; and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event shall attorneys’ fees be recoverable by any party.
This Giveaway is subject to all federal, state and local laws and regulations. Taxes, if any, are solely the responsibility of the winners.
Rules Request and Winner List. To obtain a copy of these Official Rules or a list of the winners applicable to a Giveaway, send an self-addressed stamped envelope to email to Build-A-Bear Worskshop, Inc., c/o Free Furry Friend Giveaway, 1954 Innerbelt Business Center Drive, St. Louis, Missouri 63114. All requests must be received within thirty (30) days following the completion of an applicable Giveaway.
This Giveaway is void where prohibited or restricted.
©2017 Build-A-Bear Workshop, Inc.