NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
MOXIE’S GRATEFALL FOR YOU CONTEST OFFICIAL RULES
Eligibility. This Moxie GrateFALL for You Contest (“Contest”) is open to all-natural persons who are legal residents of the United States (except for Alaska and Hawaii and), and who are of the legal age of majority in their place of residence and the parent or legal guardian of a child ages 5 and older during the Entry Period who wishes to submit a drawing of Moxie.
Contest is not open to residents of Alaska, Hawaii, or residents of any non-state U.S. Territories (including American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and any entry or entries by residents of Alaska, Hawaii, Rhode Island or non-state U.S. Territories shall be void.
The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
Sponsorship. The Contest sponsor is Embodied, Inc. (“Sponsor”), located at 385 E. Colorado Blvd., Suite 110, Pasadena, CA 91101. Sponsor and its respective affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest, including without limitation, the immediate family members of such individuals, are not eligible to participate. Sponsor will conduct the Contest substantially as described in these Official Rules. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and to the decisions of Sponsor, which are final and binding in all respects.
Entry Period. This Contest begins on November 1, 2023 at 9:00 AM PT and ends on November 23, 2023 11:59 PM PT (“Entry Period”). The database clock of Sponsor shall be the official timekeeper for this Contest.
How to Enter. This is a free Contest and you are not required to buy any product or subscribe to any service from Sponsor. Eligible entrants can complete the online entrant form and submit their entry to the Contest. By submitting your entry, the entrant is verifying that you are of legal age and that they are a parent or guardian of a minor child who will be submitting a drawing of Moxie. As a participant, your entry must fully meet all Contest requirements, as specified in these Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor's sole discretion. To qualify, you must:
- Be the verified parent or guardian of the child who completed the drawing.
- Have your child draw a picture of Moxie in any environment. To be eligible, drawings must not:
- Identify or feature any companies or brands other than Sponsor and Moxie.
- Include any personal information pertaining to you, your child, or any other person.
- Contain any content that is offensive, obscene, sexually explicit, illegal, defamatory, or disparaging toward any ethnic, racial, gender, religious, professional or age group.
- Feature or promote alcohol, drugs, tobacco, or firearms/weapons.
By submitting a drawing on behalf of your child, you represent and warrant that the drawing and Sponsor’s use of the drawing does not violate the copyright, trademark, privacy, publicity, or other intellectual property or proprietary rights of others.
- Submit the Entry Form where the verified parent or guardian (“Entrant”) must provide the following information:
Entrant Full Name
Entrant Email Address
Entrant Mobile Phone Number
Entrant Location (City, State)
Child First Name
Acknowledgement of these Official Rules
Acknowledgement, via a checkbox, that the Parent or Guardian will allow for communication and marketing emails and SMS communication and marketing texts
- If you are selected as one of the potential prize Winners of the Moxie Drawing Contest, Sign and submit the Moxie Drawing Contest User Content License (“License”) and Liability and Publicity Release (“Release”) including your signature to Embodied at firstname.lastname@example.org. This License and Release will be provided when you have been selected as one of the potential prize Winners. Failure to return the License and Release within the time period specified in the notification may result in disqualification.
You understand you are providing your information to Sponsor and all entries become the property of Sponsor and none will be acknowledged or returned.
Limitations on Entries. Limit one entry per email address throughout the Entry Period. No entry through any contest service is permitted. Any person who attempts or otherwise encourages the entry of false contact information under multiple identities or uses any device or artifice to enter or encourage false entries, as determined by Sponsor, will be disqualified. Use of robotic entry devices is strictly prohibited.
Prizes. Seven (7) total prize packages will be awarded. These consist of:
- Five (5) Second-Runner Up Winners who will win: one (1) Moxie Merch Pack that includes a Moxie themed t-shirt, socks, lunchbox, stickers, and notebook (approximate retail value (“ARV”) of each: $50).
- One (1) Runner Up Winner who will win: one (1) Moxie Merch Pack and one (1) $ 300 coupon off Moxie (a personalized coupon code will be supplied via email) (approximate retail value of Runner-Up prize: $ 350).
- One (1) Grand Prize Winner who will win: one (1) Moxie Robot + one (1) Moxie Merch Pack (approximate retail value of Grand prize: $1,049.)
Total ARV of all prizes: $1,649
Contest Winner Determination & Prize Awarding Information - The potential Winners will be selected by a vote conducted by a panel of five members of the Sponsor Marketing and Customer Support team. Potential Winners will be selected based on drawing quality (25 %), use of Moxie in the drawing (25%), creativity (25%), and uniqueness of drawing (25%). Potential Winners (the person who has been nominated) will be notified via email within fourteen (14) days following the close of the Entry Period. Winner agrees to accept the Prize “as is” and entrants hereby acknowledge that Sponsor is not in any manner responsible or liable for any warranty, representation, or guarantee relative to the Prize, including warranties provided exclusively by a prize supplier. The Prize is non-transferable. Any difference between the stated approximate retail value and actual value of prize packages will not be awarded. Winner is solely responsible for any federal, state, and local taxes. Winner must complete, sign, and provide Sponsor with the signed License and Release, and an IRS Form W-9 or equivalent form with a valid Social Security number or taxpayer identification number, before the prize will be awarded. No substitution of Prize or transfer/ assignment of Prize to others or request for the cash equivalent by Winners is permitted.
By accepting a Prize, Winners grant to Sponsor a perpetual, worldwide, royalty-free license to use Winner’s name and submitted drawing and Winner’s child’s first name and city/state for any commercial or non-commercial purposes, including advertising, promotion and other publicity purposes, in any and all media now or hereafter known throughout the world, without further notice or compensation, unless prohibited by law. Winner also has to sign and provide Sponsor with Moxie License and Release.
The Sponsor is not responsible for and shall have no liability for Winner’s failure to receive email notices. Nor shall Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner 1) fails to claim the prize and fails to complete and return an executed License, Release and IRS Form W-9 or equivalent within fourteen (14) days from the time the award notification was sent, or 2) is found ineligible, the prize may be forfeited and an alternate potential Winner may be selected. Receipt of the prize (offered in the Contest) by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations
Odds. The odds of winning will depend on the number of eligible entries received, according to the eligibility requirements in the Contest. Sponsor reserves the right to cancel the Contest if more than 20 entries are not received by the end of the Contest Period.
Rights Granted by you: By entering this Contest you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review, or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, the drawings of the Prize winners, or statements about the Contest, as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
WARNING: ANY ATTEMPT BY ANY PERSON, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE ANY SPONSOR OWNED WEBSITE OR MOBILE APPLICATION OR RELATED SOCIAL NETWORKING SITE, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
General Terms. By entering this Contest, you agree to abide by these Official Rules, the Moxie Contest User Content License and Liability and Publicity Release (if selected as a Winner of a prize), and the decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right, at its sole discretion, to refuse, disqualify or withdraw any entry at any time. Sponsor will not be responsible for any injury, damage or loss of any kind arising out of your participation in the Contest.
YOU AGREE TO RELEASE, DISCHARGE, AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY OR ALL CLAIMS, LOSSES, INJURIES, OR DAMAGES RESULTING FROM PARTICIPATION IN THE CONTEST. The failure of any Released Parties to comply with any provision of these Official Rules due to any act of God, storm, hurricane, tornadoes, other inclement weather, fire, riot, earthquake, act of terrorism, act of public enemies, war, civil unrest, or actions by governmental authorities outside the control of the Released Parties (excepting compliance with applicable law), or other force majeure event will not be deemed a breach of these Official Rules by Sponsor.
If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part and without notice. In such event, Sponsor may, in its sole discretion, (i) exclude any entrants suspected of taking any action that violates these Official Rules or otherwise tampering with the operation of the Contest, or (ii) take any other action which in Sponsor’s sole discretion is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials as a part of this Contest. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the fullest extent of the law.
Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of Entrants and Winners, and the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Winner’s Name. The names of the Winners are available only within thirty (30) days after the close of the Contest. To receive the names of the Winners, except where permitted by law, or a printed copy of these Official Rules, please contact Sponsor by email at email@example.com.