Baby Shark™: Sing & Swim Party – Launch Giveaway

Terms and Conditions (15/09/2023)  

• The following terms and conditions (the “Rules”) set out the terms for the Baby Shark™: Sing & Swim Party – “Launch Giveaway”, Terms and Conditions, (15th Sept 2023), (the “Giveaway”). 
• Sponsor: Outright Games Ltd, 52 Grosvenor Gardens. London, SW1W 0AU 
• Licensors: The Pinkfong Company, Inc. All Rights Reserved. Pinkfong™ and Baby Shark™ are trademarks of The Pinkfong Company, Inc., registered or pending rights worldwide. All logos, names, characters, likenesses, images, slogans, and packaging appearance are the property of The Pinkfong Company, Inc. used under license by Outright Games Limited. Published by Outright Games Limited. Software © 2023 Outright Games Limited. Developed by RecoTechnology SL. All Rights Reserved. 
• Organizer: Outright Games Ltd, Unit 54 Merlin House, Meteor Way, Lee-On-The-Solent, Hants, England, PO13 9FU. 

Section A) Definitions and Introduction:  

• In these Rules the following words and phrases shall have the following meanings: 
• “Giveaway Post”, the Twitter and Instagram post/stories which announces commencement of the Giveaway. 
• “Contestant”, any natural person who enters the Giveaway. 
• “Intellectual Property Rights”, any patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair Giveaway, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world 
• “Submitted Content”, any materials submitted to us as part of the Giveaway for example screenshots or images and other materials”. 

• “us”, “we”, “our” and “Outright Games” any references to “us”, “we”, “our” and “Outright Games” shall be references to Outright Games Ltd, 52 Grosvenor Gardens, London, SW1W 0UA 
• “Winner”, a winner of a prize of the Giveaway”. 
• “You” any reference to “you” is to you as a Contestant in or winner of a the “Giveaway” 
• The Giveaway is sponsored solely by us. We will conduct the Giveaway substantially as described in these Rules. 
• Pinkfong and its parents, subsidiaries and affiliates, including without limitation are not responsible for the administration of the Giveaway, the collection of entries, selection of winners, or the fulfilment of prizing. Any questions you have regarding the Giveaway should be directed to Outright Games and not to Pinkfong. 
• We reserve the right, in our reasonable discretion, to add to, amend, vary or waive these Rules on reasonable notice with future effect at any time insofar as it appears reasonable and does not place the Contestant at a disadvantage in bad faith. Modifications may become particularly necessary in order to implement adjustments reflecting a change in a legal position. New court decisions are also considered a change in a legal position. Further developments and changes may also require a modification or amendment of these Rules. 
• These Rules represent the entire agreement between You and us relating to the Giveaway and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). We object to any of your general terms and conditions. 
• If any part of these Rules is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the Rules will remain in full force and effect. 
• These Rules and the Agreement based on these Rules are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to these Rules by virtue of the Contracts (Rights of Third Parties) Act 1999. 

Section B) Eligibility:  

• The Giveaway is open only to those who adhere to these Rules. By entering the Giveaway you agree to these Rules and confirm that you are eligible to do so and eligible to claim any prize you may win. We may require you to provide proof that you are eligible to enter the Giveaway. 
• To enter the Giveaway, You must be over 18 years of age. We may ask the Winner to provide proof of age. 
• You must not be an employee, officer, contractor, consultant and or other personnel of us or the Pinkfong Parties or otherwise directly or indirectly connected with the administration of the Giveaway.  

Section C) Agreement to the Rules:  

• By entering the Giveaway and participating in it, winning the Giveaway or accepting any prize, You agree to be fully unconditionally bound by these Rules, and represent and warrant that You meet the eligibility requirements. 
• In addition, You agree and accept the decisions of Outright Games as final and binding as it relates to the content of this Giveaway. 

Section D) Giveaway Period:  

• Entries will be accepted on Instagram and Twitter from September, 15th at 10 am BST and ending September, 22nd at 11 am BST. 
• All entries must be received by us by September, 22nd at 11 am BST.

Section E) How to Enter: 

The Giveaway must be entered by: 

Instagram: 

👥 Follow @outright_games & @pinkfong.official 

💛 Like this post 

💬 Comment to this post with which member of the shark family is your favourite using #BabySharkSingandSwimParty  

Twitter: 

👥 Follow @outright_games & @pinkfong 

💛 LIKE 

🔃 RT/QT and tell us which member of the shark family is your favourite with the #BabySharkSingandSwimParty 

To do this you will require an Instagram account and must be logged into your personal Twitter account.  If you do not have a Twitter account, you may register for one, for free, at Instagram.com. Data and usage rates may apply to the download and use of the Twitter mobile application.  Your Submitted Content must remain publicly posted through the duration of the Giveaway and must comply with the below content guidelines and the applicable platform’s terms of use. No other method of entry will be accepted.  

Any Submitted Content or Comment that is incomplete or deemed inappropriate at our discretion can be removed at our sole discretion and will not constitute a valid entry for the Giveaway. 

Content guidelines: 

• The Submitted Content must not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights or constitute or suggest copyright infringement. 

• The entry must not include the name (including stage name), image, photo, likeness, silhouette or other depiction of any real person (historical or present day), including but not limited to actors, writers, directors or producers of any motion picture (film or television) or literary properties. 
• The Submitted Content must not contain any content that is sexually explicit, offensive, illegal, pornographic or obscene or that features, promotes or suggests the use or abuse of drugs, alcohol, tobacco, firearms or other harmful substances or otherwise is in bad taste or is otherwise objectionable to us, determined by us in our sole and exclusive discretion. 
• The Submitted Content must not disparage Outright Games, Pinkfong Parties, or any other person or entity. 
• The Submitted Content must not contain corrupted files, viruses, or any other similar files, the intent of which is to damage the operation of another’s computer. 
• The Submitted Content must not depict material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
• The Submitted Content must not depict material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submitted Content is created or submitted.
• Entries are limited to one per person per Social Network. Multiple entries by one person using duplicate accounts, through agents or third parties or any automated entry software or any other means which would allow the person to automatically enter repeatedly will result in all entries by that person being invalid.
• For the avoidance of doubt, no purchase or entry fee is necessary to enter or win this Giveaway. A purchase of any kind does not increase the chance of winning the Giveaway in any way. 
• By entering the Giveaway, you agree that you are entering into a random drawing. 

Section F) Prizes: 

• 3 Winners will receive (1) Baby Shark Motorbike which has an estimated prize value of ($83,99) as well as a game copy which has an estimated prize value of (£34,99)* [1 winner selected from Twitter and 2 winners selected from Instagram].  
• 3 Winner will receive a Nintendo Switch which has an estimated prize value of ($250,00) as well as a game copy which has an estimated prize value of (£34,99)* [1 winner selected from Twitter and 2 winners selected from Instagram]. 
• 3 Winners will get a game copy which has an estimated prize value of (£34,99)*.
  * Game platform chosen by winner [1 winner selected from Twitter and 2 winners selected from Instagram]. 

*Whether the game copy is physical or digital will depend on our availability in the country where the winner is located. 

• Prize may vary, chosen at Outright Games’ discretion. 
• No cash or other prize substitution shall be permitted. The prize is non- transferable. 
• In the unlikely event that the relevant prize should become unavailable, we reserve the right to substitute for an equivalent prize of equal or greater value. 

Section G) Winner Selection and Notification and Delivery of the Prize:  

• Winners will be selected by us in line with any criteria set out in the Giveaway Post and/or any additional criteria described under these Rules under section E and/or set out on our website.  Winners will be randomly selected by us and be. 
• Winners will be notified by Outright Games via Instagram or Twitter message within 1 day following the selection of the winner. Winner has to claim the prize and provide us with their name and address to where the prize shall be delivered within 5 days upon us contacting them. 
• We shall have no liability for Winners’ failure to receive notices due to spam, junk e-mail or any other security settings or circumstances beyond our control. 
• If the Winners cannot be contacted or fails to adhere to any of the Rules or fails to claim the prize within 5 days of us contacting them, we will determine another Winner in accordance with this Section G and the prize will be assigned to this Winner. 
• A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful. 
• If the prize cannot be delivered to the Winner despite our reasonable endeavours to ship the prize to the Winner, we will determine another Winner who will receive the prize. 
• You shall be disqualified from entering the Giveaway, and, if you have won a prize, we may withdraw the same, or recover it from you if it has already been given, in case: of any violation of these Rules or any other terms relating to the Giveaway by you; You provide incorrect, incomplete or outdated information in relation to the entry; or you commit any kind of fraud, dishonesty, deceit, misconduct or similar action in respect to the Giveaway. 
• If a Winner is disqualified, we will determine another Winner in accordance with this Section G. 

Announcing prize winners:  

We must either publish or make available information that indicates that a valid award took place. To comply with this obligation, we will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone who emails support@outrightgames.com or writes to the address set out above under “Sponsor” (enclosing a self-addressed envelope) within one month after the closing date of the Giveaway. If you are chosen a Winner, we will publish your Instagram handle when we announce the Winners on our Instagram page.  

If You object to any or all of your surname, county and winning entry being published or made available, please contact us on support@outrightgames.com. In such circumstances, we must still provide the information and winning entry to the Advertising Standards Authority on request. 

Section H) Cancellation of the Giveaway:  

• We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence the Giveaway with immediate effect by online announcement without any liability, especially where the Giveaway is unable to run as planned due to a computer virus network/technical/communications failure, tampering or any cause beyond our reasonable control. 
• If a Giveaway is cancelled after a valid Winner is selected, we will use reasonable endeavours to offer the prize or an alternative, equivalent prize. If such alternative prize is offered but not accepted by You, You shall have no claim against us or the Metro-Goldwyn-Mayer Pictures Parties in respect of the cancellation or delay of the Giveaway or for any expense or damage whatsoever incurred as a result. 

Section I) Data Privacy, Consent in Winner Announcement and Intellectual Property Rights:  

• Information submitted with an entry as well as any other data related to the Giveaway is processed subject to our Privacy Policy stated on the Outright Games website. For further information, our Privacy Policy is available under https://www.outrightgames.com/privacy-policy/. 
• By entering the Giveaway, you agree that, if you win, Outright Games and Pinkfong Parties are allowed to use your name and Submitted Content for announcing the Winner on their social media pages. 
• Entering the Giveaway does not create or confer any license, right or ownership interest under any copyright, trademark or other Intellectual Property Rights in or to any intellectual property owned and/or controlled by Outright Games or Pinkfong Parties. 
• By entering the Giveaway , you grant us and Pinkfong Parties a perpetual, non-exclusive, worldwide, irrevocable, royalty-free license to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Intellectual Property Rights in the Submitted Content, and acknowledge and specifically agree that we and Pinkfong Parties may use, or not use, your Submitted Content, or any part of it, in any manner, in any media, at any time, in their sole discretion, including but not limited to for the purpose of administering, promoting, reporting on or otherwise operating the Giveaway , in a commercial manner, and for the purpose of and in advertising and promotions, as well as marketing other campaign promotions, without any compensation, notification, permission or approval. You forever release and discharge us and Pinkfong Parties from any liability associated with any such usage. 
• You warrant that you have and shall maintain all permissions, consents, licenses and rights required for you to grant us and Pinkfong Parties the above license. You further warrant that your Submitted Content is your own original work. In addition, You agree to release, indemnify, defend and hold us and Pinkfong  Parties harmless from and against any and all loss, damages, injuries, claims and costs incurred by us and Pinkfong Parties arising from your breach of this warranty and these Rules. 
• In the event the Winner would like to withdraw their consent to any of their data being used for the purpose of the Giveaway, they should contact Outright Games directly via their website on https://www.outrightgames.com/contact/. 

Section J) Release and Limitation of Liability:  

• By participating in the Giveaway, you agree to release, indemnify, defend and hold Outright Games, Pinkfong Parties and each of their parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Giveaway as well as all other “Licensors” listed in these Rules (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in or attempt to participate in the Giveaway or acceptance or use or misuse of a prize or parts thereof. 
• None of these Rules shall limit our liability for death or personal injury caused by our negligence or the negligence of our employees, or loss caused by a fraud or fraudulent misrepresentation by us or our employees, or any other liability that cannot be excluded by law. 
• SUBJECT TO THE ABOVE PARAGRAPH, THE RELEASEES EXCLUDE ALL LIABILITY WHATSOEVER FOR ANY COSTS, EXPENSES, DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), LIABILITY, INJURY OR DISAPPOINTMENT SUFFERED BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GIVEAWAY OR PRIZE, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, including but not limited to any of the foregoing in connection with: any postponement or cancellation of the Giveaway; any changes to prizes or the way in which they can be used; damage, loss, injury suffered by you entering the Giveaway or as a result of accepting any prize; problems with the allotment or dispatch of prizes (such as prizes failing to reach the intended recipient); any act, omission or default of any third-party supplier. 
• The Releasees shall have no liability for network, computer, hardware or software failure of any kind, which may affect the sending, receipt or processing of Your entry. Additionally, the Releasees shall have no liability for any other errors or problems of any kind, whether network, computer, mechanical, typographical, human or otherwise, related to or in connection with the Giveaway, including any errors or problems which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-related materials. 
• These exclusions of liability also apply to the Releasees’ employees, representatives and vicarious agents and especially to the benefit of our shareholders, employees, representatives, organs and their members with regard to their personal liability. 

Section K) Governing Law:  

• The Giveaway and any dispute or claim arising out of or in connection with it (including the prizes), shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Giveaway (including the prize). 

 Section L) Disclaimers:  

• This Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram, Twitter, Pinkfong Parties, or any other party other than us. You understand that you are providing your information to us, and we will collect and process your personal information related to the Giveaway as set forth in these Rules.  
• The Pinkfong Company, Inc. All Rights Reserved. Pinkfong™ and Baby Shark™ are trademarks of The Pinkfong Company, Inc., registered or pending rights worldwide. All logos, names, characters, likenesses, images, slogans, and packaging appearance are the property of The Pinkfong Company, Inc. used under license by Outright Games Limited. Published by Outright Games Limited. Software © 2023 Outright Games Limited. Developed by RecoTechnology SL. All Rights Reserved. 

Section M) Contact:  

• You can contact us with any questions regarding the Giveaway or if you wish to request a Winners List, please submit your request using our website contact form or by email, using the email pr@outrightgames.com