Other Country Sites
You are about to change
your country to:
Prices will now be
displayed in ()
By submitting your mobile phone number, you will be entered for a chance to win the "TOBI Text Message Sign Up Giveaway" and are agreeing to the Official Rules and Privacy Policy.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
2. BINDING AGREEMENT: These Official Rules ("Rules") constitute a legally binding agreement by and
between Sponsor and entrant ("Entrant(s)"), and govern entry in the Sweepstakes. By participating, Entrants
fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void an
Entrant's entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or
Potential Winner may be required to provide proof of identification and eligibility as required by Sponsor. In the
event there is a discrepancy or inconsistency between disclosures or other statements contained in any other
Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern
and control.
3. ELIGIBILITY: The Sweepstakes is open only to persons who are legal residents of, and physically located
within, the 50 United States or the District of Columbia and are at least 18 years of age or older at time of entry.
An Entrant's entry into the Sweepstakes will be deemed to be a representation that the Entrant is 18 years of age
or older. The Sweepstakes is void in United States territories outside the 50 United States, and where prohibited or
restricted by law. All federal, state, and local laws and regulations apply. Employees of Tobi, LLC dba Tobi and
their respective licensees, parent companies, subsidiaries, affiliates, suppliers, advertising and promotional
agencies, and immediate family members (herein defined as spouse, parents, siblings, and children and each of their
respective spouses, regardless of residence, and any person living in such a person's household, whether related
or not) are not eligible to participate.
4. ENTRY PERIOD: The Sweepstakes begins at 12:01 a.m. Pacific Time ("PT") on the beginning of each month for 2019 and
ends at 11:59 p.m. PT at the end of each month for 2019 (the "Entry Period"). Sponsor's computer is the official
time-keeping device and Sponsor shall determine timeliness of entries in its sole discretion. Entries received after
the Entry Period will not be eligible. Any proof of submission does not constitute proof of receipt. Entries will not
be acknowledged or returned.
5. HOW TO ENTER: There are two (2) methods of entry: (i) the Online Method of Entry and (ii) the Alternative
Means of Entry ("AMOE") outlined below (collectively, "Entry" or "Entries"). Entries
received in excess of the limits stated herein are void, and Entrant may be disqualified in Sponsor's sole
discretion.
A) ONLINE METHOD OF ENTRY: During the Entry Period, eligible participants can enter the Sweepstakes through the Online Method of Entry by (i) clicking on the link contained in an email from Sponsor directing entrant to the Sweepstakes entry page on tobi.attn.tv/p/<facebook, instagram or email> (the “Website”), entering entrant’s mobile phone number, clicking on the “ENTER TO WIN NOW” button on the Sweepstakes entry page and replying with “Y” to the text message sent to entrant’s mobile phone number; or (ii) by clicking on link(s) appearing on Sponsor’s Instagram account promoting the Sweepstakes directing entrant to the Sweepstakes entry page on the Website, entering entrant’s mobile phone number, clicking on the “ENTER TO WIN NOW” button on the Sweepstakes entry page and replying with “Y” to the text message sent to entrant’s mobile phone number; Once an Entrant replies with “Y” to the text message, Entrant will automatically be entered into the Sweepstakes. There is no cost to register for the sweepstakes on the Website. Only one (1) Entry per person during the Entry Period will be eligible for the Sweepstakes. By making an Entry in connection with this Sweepstakes, you acknowledge and agree that Sponsor has the right to use your Submission in any way it sees fit. Entries generated by script, macro or other automated means and Entries which subvert the entry process in any way will be void and may disqualify any Entrant who uses such means to enter from participating. Entrants may not submit Entries with multiple mobile phone numbers nor use any device or artifice to submit Entries multiple times or as multiple Entrants. Any Entrant who attempts to submit multiple Entries, with mobile phone numbers, under multiple identities or uses any other device or artifice to subvert the entry process will be disqualified from participation in the Sweepstakes, and Entries submitted by that Entrant will be void.
B) ALTERNATIVE MEANS OF ENTRY: To avoid entering via the Online Method of Entry, you may enter by the AMOE instead. To enter via this method, e-mail Sponsor at [email protected] with the following entry information: Promotion Name: Tobi Text Message Sign Up Giveaway First and last name; Street address, City, State and Zipcode; Mobile Phone number; and E-mail address.
AMOE Entries that do not clearly provide all of the above-listed information will be deemed ineligible (as determined in Sponsor’s sole discretion). Only one (1) Entry per person during the Entry Period will be eligible for the Sweepstakes. Sponsor is not responsible for late, lost, or damaged entries, or technical issues that otherwise might prevent Sponsor’s receipt of any AMOE Entries.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
6. RANDOM DRAWING AND NOTIFICATION: On or about the15th of each month in 2019, Sponsor will select one (1) potential
winner ("Potential Winner") in a random drawing from all eligible Entries received during the Entry Period.
The winner is considered a Potential Winner pending verification of eligibility and compliance with these Rules.
Potential Winner will be contacted by text message approximately two (2) business days after the random drawing using
the contact information given at the time of Entry in order to verify eligibility and confirm him or her as the
winner. If Sponsor is unable to contact any Potential Winner or if the Potential Winner fails to comply with these
Rules or applicable law, the Potential Winner’s Prize is forfeited and an alternative winner will be randomly
selected.
In the event of a dispute over the identity of the winner, Entries will be deemed made by the
authorized account holder of the mobile phone number submitted at the time of Entry. The authorized account holder is
defined as the natural person identified as the owner of the mobile phone number by a telecommunications company,
online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for
providing telecommunication services. Sponsor will disqualify anyone suspected of entering by opening multiple phone
numbers. The Potential Winner may be required to provide Sponsor with proof that he or she is the authorized account
holder of the mobile phone number associated with the winning Entry and that all eligibility requirements are met. If a
dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. Entrant is
responsible for notifying Sponsor in writing if his or her mobile phone number or other contact information has
changed.
7. PRIZE AND THE APPROXIMATE RETAIL VALUE ("ARV"): Upon completion of the Winner Requirements, one
(1) Potential Winner will receive a $500 store credit to Tobi.com; The Approximate Retail Value ("ARV") of
the Prize is $500. The ARV represents the Sponsor’s good faith determination of the maximum retail value thereof. All
costs, including federal, state and local taxes related to participation in the Sweepstakes or acceptance or use of
the Prize are Potential Winner’s sole responsibility. If the Potential Winner is unable or unwilling to accept the
Prize, or any portion thereof, as stated, the Prize may be forfeited in its entirety and may be awarded to an
alternate winner at the sole discretion of Sponsor. All details and other restrictions of the Prize not specified in
these Rules will be determined by Sponsor in its sole discretion. Prize pictured in advertising, marketing or
promotional materials is for illustrative purposes only. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND
REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND THE POTENTIAL WINNER SHALL TAKE THE PRIZE "AS IS" AND AT HIS OR HER OWN RISK.
Odds of winning will depend on the number of eligible entries received.
8. WINNER REQUIREMENTS: The Potential Winner must comply with all terms and conditions of these Rules and
winning is contingent upon fulfilling all requirements. The Potential Winner must provide Sponsor with a valid social
security number for tax reporting purposes. The Potential Winner will be required to execute and return a federal
1099 tax form, as well as an Affidavit of Eligibility, Liability/Publicity Release (the "Price Claim
Documents") within two (2) days following the date of attempted notification. If a selected winner cannot be
contacted, is ineligible, fails to claim the Prize, and/or fails to return the Price Claim Documents within the
applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right
to receive the Prize. In the event a Potential Winner is disqualified for any reason, Sponsor may (in its sole
discretion) award the Prize to an alternate winner selected by a random drawing from among all remaining eligible
Entries or not award the Prize. Arrangements for delivery of the Prize will be made after winner validation.
Acceptance of any prize shall constitute and signify the Potential Winner's agreement and consent that Sponsor
may use the Potential Winner's name, city, state, likeness, photo, Entry and/or prize information in connection
with the Sweepstakes, including, but not limited to, Potential Winner’s participation in the Sponsored Events, for
promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including
the Internet, without limitation and without further payment, notification, permission or other consideration, except
where prohibited by law. Without limiting the generality of these Rules, the Potential Winner shall irrevocably grant,
transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and all renewals and extensions
of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the
rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a
worldwide basis, in perpetuity. Potential Winner accepts and acknowledges that Sponsor shall not be obligated to use
the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall
not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights
hereunder.
9. RELEASES AND LIMITATIONS OF LIABILITY: By entering the Sweepstakes, each Entrant agrees to forever and
irrevocably release and hold harmless Sponsor, and its affiliates, parent companies, subsidiaries, representatives,
consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, business partners,
public relations, fulfillment and marketing agencies, website providers and their respective officers, directors,
stockholders, employees, agents, and representatives (collectively, the "Released Parties") from any and
all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties,
liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs)
(collectively, "Claims") related to this Sweepstakes or Prize, including without limitation, Claims that
may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible Entries or for
failure to receive Entries due to any cause including, but not limited to, human, transmission, or technical
problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that
may limit an Entrant's ability to participate in the Sweepstakes; (ii) acceptance, receipt, travel related to,
participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage,
destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof);
(iii) any change in the Prize (or any components thereof) due to unavailability or due to reasons beyond
Sponsor's control; (iv) any incorrect or inaccurate information, whether caused by Entrant, printing or
typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (v)
the violation of any third-party privacy, personal, publicity or proprietary rights; (vi) any interruptions in or
postponement, cancellation or modification of the Sweepstakes or these Rules; (vii) any technical malfunctions or
unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism,
computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or
by an Entrant; (viii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released
Parties; (ix) death or personal injury caused by negligence any injuries, losses, liabilities or damages of any kind
including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize
including participation in any activity or travel related thereto, or from participation in the Sweepstakes; or (x)
any inability of the Potential Winner to accept or use the Prize (or portion thereof) for any reason. Released
Parties assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing
the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile
phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or
network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information,
error in Entries or selection announcement, or the failure to capture any information. Released Parties will not be
responsible or liable for any Entries in excess of the stated limit or for Entries that are late, forged, lost,
misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the
Rules, and all such Entries may, in Sponsor's sole and absolute discretion, be disqualified. Entrant further
agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed
or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the
awarding of any prize. Released Parties will not be liable to Potential Winner or any other person for failure to
supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather,
hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of
any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war
(declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request,
or regulation, or order of any court or jurisdiction (each a "Force Majeure" event or occurrence), or any
other cause beyond Released Parties' control. Further, participants agree to waive the provisions of Civil Code
Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all
claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release
future unknown claims. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY, SO THE APPLICABLE PORTIONS OF THESE RULES MAY NOT APPLY TO YOU.
10. ADDITIONAL RULES: Sponsor reserves the right to (i) permanently disqualify from any Sweepstakes it
sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the
Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error,
disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration,
security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as
planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not
fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any
element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number
of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes
through a random drawing from among all eligible prize claims received. Sponsor may prohibit an Entrant from
participating, winning, or accepting a prize (and void all associated Entries) if, in its sole discretion, it
determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated
prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other
participants or Sponsor's representatives. Sponsor's failure to enforce any term of these Rules shall not
constitute a waiver of that provision. Entrants must have a valid e-mail address, and it is Entrant's
responsibility to update Sponsor of any change in e-mail address. Any violation of these Rules or any behavior of the
Potential Winner that may bring the Potential Winner or Sponsor into disrepute (in Sponsor's sole discretion) or
false and/or deceptive Entries or acts, including misrepresentation of age, may result in Potential Winner's
disqualification from the Sweepstakes and all privileges as a winner will be immediately terminated.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR
VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF
CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY
SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. DISPUTES; CHOICE OF LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION
AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE
SWEEPSTAKES, 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.
EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES
ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR
ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EXCEPT WHERE
PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED
SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT
LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"); PROVIDED, HOWEVER,
THAT NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS SWEEPSTAKES THROUGH
ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE
PROVISIONS OF THESE RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSORS INTELLECTUAL PROPERTY
RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE
JURISDICTION. THE ARBITRATION WILL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAWS
OF THE STATE OF CALIFORNIA, WILL ISSUE A WRITTEN DECISION AND WILL HAVE THE POWER TO AWARD ANY LEGAL REMEDIES EXCEPT
AS LIMITED BY THESE RULES. The parties will split the arbitrator's fee; provided, however, if applicable law
requires Sponsor to pay the arbitrator's fee in order for the arbitration provision to be enforceable, Sponsor
shall have the discretion to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring
or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any
court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event
that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such
party notwithstanding said failure to appear.
12. INDEMNITY: Each Entrant (including Potential Winner and the Guest) shall indemnify, defend and hold
harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or
expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Entrant’s
participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the
representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any Prize,
including without limitation, personal injury, death and property damage arising therefrom.
13. PRIVACY POLICY/DATA COLLECTION: Any personally identifiable information collected during an Entrant's
participation in the Sweepstakes will be collected by Sponsor or its designee and used by Sponsor, its affiliates,
designees, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as
described in these Rules and in accordance with Sponsor's Privacy Policy located https://www.tobi.com/help/privacy. Each Entrant agrees to the collection,
processing and storage of Entrant's personal data by Sponsor for purposes of the Sweepstakes.
14. WINNERS LIST: A list of the winner(s) will be available approximately two (2) weeks after the last day for
AMOE entries. For a list of the winner(s), send a stamped (VT residents omit postage), self-addressed envelope to:
Tobi, LLC, Attention: Giveaway Winners, 110 E. 9th Street Suite A575, Los Angeles, CA 90079 or an email to
[email protected]. Subject: Tobi Text Message Sign Up Giveaway Winners List. Requests must be received no later than
the last day of each month in 2019.
15. OFFICIAL RULES: For a copy of these Rules, send a stamped (VT residents omit postage), self-addressed envelope to: Tobi, LLC, Attention: Giveaway, 110 E. 9th Street Suite A575, Los Angeles, CA 90079 or an email to [email protected]. Subject: Tobi Text Message Sign Up Rules.
16. SEVERABILITY: If any portion of these Rules should be held invalid or unenforceable for any reason, such
portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions
of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this
agreement.
TOBI
You are about to change your country site to .
Please note that all prices will now be displayed in ().
We use cookies
We use cookies and other tracking technologies to improve your browsing experience on our website, to show you personalized content and targeted ads, to analyze our website traffic, and to understand where our visitors are coming from.