1. ENTRY PERIODS: The Glitzy Mixie Contest (“Contest”) begins at 12:00 a.m. Eastern Time (“ET”) on January 2, 2018 and ends at 11:59 p.m. ET on December 31, 2018 (“Contest Period”). See chart below for various entry periods (each an “Entry Period”). Eligible non-winning entries submitted during any Entry Period will roll-over and be eligible in any subsequent Entry Period as well.
|Entry Periods||Entry Period Deadlines
(Entries must be received between 12:00 a.m. ET on the first day indicated below and 11:59 p.m. ET on the last day indicated below)
|Winner Selection and Notification
(on or about)
|Number of Winners Selected||Prize
(See below for details)
|Entry Period 1||January 1, 2018 – April 30, 2018||May 14, 2018||Minimum of six (6)||Glitzy Mixie Prize|
|Entry Period 2||May 1, 2018 – August 31, 2018||September 14, 2018||Minimum of six (6)||Glitzy Mixie Prize|
|Entry Period 3||September 1, 2018 – December 31, 2018||January 14, 2019||Minimum of six (6)||Glitzy Mixie Prize|
|Contest Period||January 2, 2018 – December 31, 2018||January 14, 2019||Minimum of one (1)||Toy Designer’s Mixie Prize|
2. HOW TO ENTER: First, have your child design their very own unique Miximal™ toy by combining the attributes of two animals. (It must be a combination that is not already an existing Miximal toy.) Then make a drawing of the child’s design for a new Miximal™ toy and take a photo of just the drawing. No person should appear in the photograph. If not already in a digital format, convert the photograph to a digital format as a jpg or png file. The digital storage size of the photograph may not exceed 5MB. Then, to enter visit www.miximalstoys.com (the “Website”), complete the online entry form, upload the photograph, and submit the entry in accordance with the on-screen directions (including uploading the photograph) during the Contest Period. The entry, photograph and design of the new Miximal™ toy, and any name for the design, that is submitted is referred to herein collectively as the “Design Submission”. The person submitting the entry must confirm that he/she is the parent or legal guardian of the child who developed the Design Submission. See content section below for further Design Submission restrictions. The Design Submission will not be judged for the selection of Glitzy Mixie Prize Winners but will be judged for the selection of a Toy Designer’s Mixie Prize Winner. There is a limit of one entry per person and per email address per day but each entry must contain a valid photograph and Design Submission that you have not submitted before. Each entrant may use only one (1) email address to enter. Any entry containing an invalid email address will be disqualified. Attempts to exceed the maximum number of entries permitted or to use more than one (1) email address for entry may result in disqualification. All entries must be received by 11:59 p.m. ET on December 31, 2018.
Any use of automated, robotic, macro, programmed or similar quick-entry programs or methods is prohibited. Neither Alpha Group US, LLC (“Sponsor”) nor Infrared, a division of Red Peak Group, LLC (“Contest Administrator”) will verify receipt of entries. Proof of entry does not constitute proof of receipt. In the event of a dispute over who submitted an entry, the authorized subscriber of the email account used to participate in the Contest at the actual time of entry will be deemed the entrant. The authorized subscriber is defined as the natural person who is assigned an account by the email address administrator. Creating multiple accounts in order to exceed the limits on entries permitted by these Official Rules may result in the disqualification of all entries from such accounts.
3. ELIGIBILITY: To enter the Contest you must, at the time of entry, (a) be a lawful, permanent resident of the fifty (50) United States or the District of Columbia, or Canada (excluding the province of Quebec), the United Kingdom or Ireland; (b) be eighteen (18) years of age or older, or the age of majority where you reside, whichever is older; (c) be the parent or legal guardian of the child who developed the Design Submission; and (d) be physically located in one of the above geographic areas (excluding the province of Quebec). The Contest is void in the province of Quebec and in all areas outside of the fifty (50) United States or the District of Columbia, or Canada, or the United Kingdom or Ireland, and where restricted or prohibited by law. Entries received from persons residing outside of the eligible geographic areas, or where restricted or prohibited by law, will be disqualified. Sponsor, employees of Sponsor, Contest Administrator, and their respective affiliated companies, parents, subsidiaries, and advertising and Contest agencies (collectively, “Contest Entities”), and members of the immediate families (parents, children, siblings and spouse, regardless of where they reside) and households (whether related or not) of the Contest Entities’ employees, are ineligible to participate in this Contest.
4. GENERAL REQUIREMENTS FOR ENTRIES:
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER CHILD’S FIRST NAME, CITY/STATE, AND DESIGN SUBMISSION MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. SPONSOR RESERVES THE RIGHT (BUT NOT THE OBLIGATION) TO MONITOR/SCREEN DESIGN SUBMISSIONS PRIOR TO POSTING THEM TO THE WEBSITE. By entering, you acknowledge that Sponsor has no obligation to use, copy, publish, display, post, or otherwise exploit any Design Submission you submit. Once an entry is submitted, it will not be returned. DESIGN SUBMISSIONS DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Sponsor reserves the right to verify the accuracy and legitimacy of each entry (including the Design Submission submitted), as well as each entrant’s compliance with each of the provisions of these Official Rules.
5. SELECTION OF GLITZY MIXIE WINNERS: The Contest Administrator, an independent judging organization whose decisions are final and binding in all matters relating to this Contest, will select a minimum of six (6) potential Glitzy Mixie prize winners (each a “Glitzy Mixie Prize Winner”) for each Entry Period by conducting a random drawing on or about the winner selection date specified for each Entry Period in the chart above. Odds of winning a prize depend on the number of eligible entries received during each Entry Period. For a resident of Canada to be declared a winner, he/she must also correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by the Contest Administrator, by phone, email, or mail, within the time specified by the Contest Administrator. In the event that the potential winner does not successfully complete the skill-testing question within the time specified by the Contest Administrator, then he/she will be disqualified and an alternate winner will be selected.
6. JUDGING FOR TOY DESIGNER’S MIXIE WINNERS: A panel of qualified judges selected by Sponsor (including one independent judge) (“Judges”) will review the eligible entries received during the Contest Period and select a minimum of one (1) potential Toy Designer’s Mixie prize winner (each a “Toy Designer’s Mixie Prize Winner”) on or about January 14, 2019 based on the following judging criteria (“Judging Criteria”): Commercialization Potential (50%), Originality/Creativity (30%), and Miximal™ Brand Compatibility (20%). The eligible entrant with the highest judging score will be selected as the Toy Designer’s Mixie Prize Winner. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Commercialization Potential as the potential Toy Designer’s Mixie Prize Winner. In the event a tie remains, the tied entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Toy Designer’s Mixie Prize Winner. Decisions of the Sponsor and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsor reserves the right to extend the Contest Period in its sole discretion if Sponsor does not receive a sufficient number of eligible and qualified entries. Odds of winning a prize depend on the number of eligible entries received and the quality of the entries.
7. NOTIFICATION OF WINNERS: All prizes will be awarded to the eligible adult submitting the eligible entry on behalf of their child. Each potential winner will be notified by telephone and/or email, at the Contest Administrator’s sole discretion, on or about the dates specified in the chart above. If the Contest Administrator attempts to contact a potential prize winner via telephone and is not able to engage in a live, personal telephone conversation with the potential winner (i.e. personally contact the potential winner) within forty-eight (48) hours from the first notification attempt, then such person may be disqualified. Any message left by the Contest Administrator, either by voicemail answering service, or otherwise, will be considered a notification attempt by the Contest Administrator and shall not be deemed a live, personal telephone conversation. If the Contest Administrator attempts to contact a potential winner via email, then such potential winner must respond to such email, and provide all requested information, within the time specified in the email or such person may be disqualified. All notification requirements will be strictly enforced.
GLITZY MIXIE PRIZE (minimum of six (6) per Entry Period): Each Glitzy Mixie Prize consists of the following: Sponsor will manufacture and deliver to the winner in a display box one (1) unique Miximal™ toy which embodies the essential characteristics of the creature depicted in the Design Submission submitted by the winner. The design and manufacture of such Miximal™ toy shall be at the sole discretion of Sponsor and Sponsor shall have no obligation to provide a Miximal™ toy that exactly or substantially resembles the contents of the Design Submission that was submitted as part of the entry. Sponsor may, in its sole discretion, choose to alter or modify the toy resulting from the winning entry. Sponsor shall have no obligation to mass produce, distribute, advertise, market or offer the toy for sale to the public. Please allow ninety (90) days for the manufacture and delivery of the prize. The Approximate Retail Value (“ARV”) of this prize is US$3.99 each.
TOY DESIGNER’S MIXIE PRIZE (minimum of one (1) per the Contest Period): Each Toy Designer’s Mixie Prize consists of the following: Sponsor will manufacture and offer for sale to the public a limited edition of a unique Miximal™ toy which embodies the essential characteristics (in Sponsor’s sole discretion) of the Design Submission submitted by the Toy Designer’s Mixie Prize Winner. One of these toys will be delivered to the Toy Designer’s Mixie Prize Winner. The design and manufacture of such Miximal™ toy shall be at the sole discretion of Sponsor and Sponsor shall have no obligation to produce a Miximal™ toy that exactly or substantially resembles the contents of the Design Submission that was submitted as part of the entry. The design of such toy may be altered or modified by Sponsor at any time in its sole discretion. Sponsor shall decide, in its sole discretion, how many of these toys to manufacture, sell or distribute, how and where to advertise or market the toys, where the toys will be sold, how long they will be available for purchase, whether additional editions of the toy will be manufactured or sold, and any other decisions relative to the manufacture, distribution, marketing and sale of the toy. Due to the extensive time required to design, manufacture and distribute toys for the consumer market, Sponsor cannot estimate when the Toy Designer’s Mixie Prize will be delivered. However, it will be delivered once it is available for distribution. The Approximate Retail Value (“ARV”) of this prize is US$3.99 each.
The ARV of all prizes is Seventy-Five U.S. Dollars and Eighty-One Cents (US$75.81). All values are in U.S. dollars. There is a limit of one Glitzy Mixie Prize and one Toy Designer’s Mixie Prize per person, per household and per email address. There is no transfer, substitution, or cash equivalent for prizes allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or prize element, of equal or greater monetary value (whether in cash or otherwise) if a prize, or prize element, cannot be awarded, in whole or in part, as described for any reason. All national, state, local and other tax liabilities, including but not limited to sales and use taxes, excise taxes, income and U.S. withholding taxes, fees and like amounts in connection with a winner’s award, acceptance or use of a prize arising from this Contest will be the sole responsibility of each Prize Winner. Accordingly, each winner shall be solely responsible for the payment of any taxes due as a result of winning his/her prize.
9. RELEASES: Each potential Toy Designer’s Mixie Prize Winner will be required to execute and return an Affidavit of Eligibility, which includes a Liability Release and a Publicity Release (except where prohibited) (collectively, “Affidavit/Release”) or, if the potential winner is a resident of Canada, a Declaration of Compliance, which includes a Liability Release and a Publicity Release (except where prohibited) (collectively, “Declaration/Release”). If a potential winner fails to complete, sign and return the Affidavit/Release or Declaration/Release within the time specified, the potential winner may be disqualified.
10. DISQUALIFICATION: If an entrant or potential winner is found to be ineligible, or if an entrant or potential winner does not comply with the Official Rules, then such entrant or potential winner may be disqualified. If a prize or prize notification is returned as undeliverable, then the corresponding potential winner may be subject to disqualification. In the event an entrant or potential winner is deemed ineligible or disqualified for any reason under the provisions of these Official Rules, then an alternate winner may be selected from among all eligible remaining entries either via a random drawing conducted by the Contest Administrator for Glitzy Mixie Prize Winners or by selection of the eligible entrant with the next highest judging score for a Toy Designer’s Mixie Prize Winner.
11. USE/OWNERSHIP OF THE DESIGN SUBMISSIONS: By entering and/or participating in the Contest, entrant agrees that: (a) Sponsor shall be the sole owner of the Design Submission submitted by the entrant (including all rights embodied therein) in perpetuity, and without any obligation to compensate entrant for the use of the Design Submission, and entrant will not assert any rights to such Design Submission; (b) Sponsor and its designees may use, copy, publish, and publicly display all elements of the Design Submission and the name, address [city and state], biographical information, statements, voice, photograph and other likeness of the entrant and the entrant’s child provided by entrant, in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe for all purposes (including but not limited to promotional and marketing purposes, and for advertising, publicizing and promoting the Sponsor’s products and services, and for use in connection with displays of quotes from the entrant, if applicable), without notification and without attribution or compensation of any kind to entrant or any third party; and (c) Sponsor and its designees may use all elements of the Design Submission, in whole or in part, in the design, manufacture, distribution, marketing, advertising and sale of Sponsor’s products in perpetuity throughout the universe without notification and without attribution or compensation of any kind to entrant or any third party. Sponsor reserves all rights to each Design Submission, including without limitation, the right to reproduce, alter, amend, edit, publish, modify, crop and use each Design Submission in connection with commercials, advertisements and promotions related to Sponsor (including viral campaigns), video and audio compilations, the manufacture and sales of Sponsor’s products and services, the Contest and any other Contest sponsored by or associated with Sponsor, in any and all media, now or hereafter known, including but not limited to, all forms of television distribution, theatrical advertisements, radio, the Internet (including YouTube™ and social media), newspapers, magazines, and billboards. Sponsor shall have no obligation (express or implied) to use any Design Submission, or to otherwise manufacture, market, sell or commercialize any Design Submission, or if commenced, to continue any such activity. Sponsor may at any time abandon the use of any Design Submission for any reason, with or without legal justification or excuse, and entrant shall not be entitled to any damages or other relief by reason thereof.
12. CONTEST CONDITIONS & RELEASE OF LIABILITY: By entering and/or participating in the Contest, each person submitting an entry agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor, and by the decisions of the Sponsor, (b) to participate in the Contest in full compliance with each and every provision of these Official Rules, (c) to waive any right to claim ambiguity in this Contest, the Official Rules or any other documents required by Sponsor, (d) to indemnify, defend and hold harmless the Contest Entities and their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Released Parties”) from and against any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to the entrant’s entry in the Contest, and any Design Submission submitted as part of the entry, or any statement, action or failure to act by entrant during or in connection with entrant’s entry or participation in the Contest, and/or any breach or alleged breach of these Official Rules, or of any other documents required by Sponsor, (e) not to sue and to hereby irrevocably and unconditionally release, waive and forever discharge the Released Parties, from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant or entrant’s child, successors-in-interest, heirs and/or agents ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity, the acceptance, possession, misuse or use of the prize(s), and/or the use of any of the rights granted herein (including, without limitation, the use and exploitation of entrant’s name, address [city and state], biographical information, statements, voice, photograph and/or other likeness, or that of his/her child).
13. LIMITATIONS OF LIABILITY: The Contest Entities shall not be liable for failure to perform any of their obligations hereunder resulting directly or indirectly from or contributed to by any acts of entrants or potential winners, or by any acts of God, including but not limited to acts of civil or military authority, terrorism or terrorist threats, fire, strikes or other labor disputes, accidents, floods, epidemics, disease, war, riot, delays in manufacturing or transportation, or other circumstances beyond the Contest Entities’ reasonable control, whether similar or dissimilar to the foregoing. The Contest Entities are also not responsible for lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system errors or failures, or faulty transmissions, or for any other problems or technical malfunctions. The Contest Entities are also not responsible for any malfunction of the entry Website or error in the collection, processing or retention of entry information. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor and/or Contest Administrator which corrupt in any way or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Contest, then Sponsor reserves the right in its sole and absolute discretion, and without advance notice, to cancel, terminate, modify or suspend the Contest and select a winner from those eligible entries received up to the cancellation/termination/suspension date. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
15. DISPUTES: This Contest is subject solely to the applicable federal, state and local laws of the United States; provided, however, that, except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state courts located in the County of Los Angeles, State of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and 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. Any waiver by Sponsor of any obligation owed by an entrant hereunder does not constitute a general waiver of any obligations owed by other entrants.
16. RULES/WINNERS LIST: To view the Official Rules visit www.miximalstoys.com. To receive a list of the winners, send a self-addressed, stamped envelope by January 31, 2019 to: Glitzy Mixie Contest Winners List, 23975 Park Sorrento, Suite 410, Calabasas, CA 91302. Vermont residents may omit return postage.
17. SPONSOR: Alpha Group US, LLC, 2100 East Grand Avenue, Suite 500, El Segundo, CA 90245.
18. CONTEST ADMINISTRATOR: Infrared, a division of Red Peak Group, LLC, 23975 Park Sorrento, Suite 410, Calabasas, CA 91302.
This Contest is in no way sponsored, endorsed or administered by, or associated with, YouTube or any other social media platform.