Terms + Conditions

The New Children’s Museum (NCM) 2024 Market Survey Opportunity Drawing (“Drawing”) is open only to individuals who are (a) legal residents of the fifty (50) United States and the District of Columbia (b) at least eighteen (18) years of age and the age of majority in their state/province of residence at the time of entry and (c) complete the digital NCM 2024 Market Survey. Employees of Sponsor, their affiliate companies, or other companies associated with the Drawing, as well as the immediate family (spouse, parents, siblings, and children) and household members of any such employee, are not eligible to enter. The Drawing is subject to all federal, state, provincial, and local laws and regulations and is void where prohibited.

Participation in this Drawing constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to this Drawing. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.

The Drawing begins on August 28th, 2024, at 12:00 a.m. Pacific Daylight Savings Time and ends on September 11th, 2024, at 11:59:59 p.m. Pacific Daylight Savings Time (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Drawing. 

To enter, provide all requested information and complete the Survey, available at the hyperlink emailed to you or via NCM’s social media accounts, during the Entry Period. You agree not to disclose to anyone the content of the Survey or any specific information that may have been provided to you during the course of taking the Survey.

 There is a limit of one (1) entry per person and per email address. If you enter or attempt entry more than the stated number of times or by any means except as permitted in these Official Rules, all of your entries will be voided and you will be ineligible to participate in the Drawing. Proof of submission will not be deemed to be proof of receipt by Sponsor. Entries generated by script, macro, or other automated means are void. 

 On or about September 20th, 2024, Sponsor with the assistance of its survey partner, Excelerate LLC, will select one (1) potential winner in a random drawing of all eligible entries received. The odds of being selected depend on the number of eligible entries received. Sponsor will attempt to notify the potential winner by email within seven (7) days. If a potential winner cannot be reasonably contacted, verified, or confirmed after two (2) attempts (and further attempts at Sponsor’s sole discretion), a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner may be randomly selected by Sponsor from all remaining eligible entries. Only four (4) alternate potential winners may be contacted.

Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to this Drawing. You are not a winner of any prize unless and until your eligibility has been verified and you have been notified that verification is complete. Except where prohibited, potential winners may be required to timely complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a comprehensive liability waiver and publicity release, and/or other documents requested by Sponsor. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining eligible entries. Acceptance of any prize will constitute and signify winner’s agreement and consent that Sponsor and its designees may use winner’s name, city, state, likeness, opinion, and voice 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 and to the extent prohibited by law.

One prize of a 3-4 Person year-long membership to NCM. Approximate retail value: $250 USD. If winner is already a membership holder to NCM, the prize will be applied at the expiration of their current membership. Prize is nontransferable, non-refundable, and cannot be redeemed for cash or credit, in whole or in part. Prize is awarded “as is” with no warranty or guarantee, express or implied. No substitution may be made except Sponsor reserves the right to substitute a prize or prize component for one of equal or greater value if the designated prize should be unavailable for any reason. Winner is responsible for payment of all applicable taxes and any and all other costs, fees, and expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion.

 Sponsor reserves the right to cancel, suspend, or modify the Drawing if any fraud or other problem corrupts the administration, security, or proper play of the Drawing, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner in a random drawing of the eligible entries received up to the time of the impairment or Sponsor’s identification of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Drawing or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Drawing may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. All activity arising out of and relating to the Drawing is subject to verification and auditing for compliance with the Official Rules, and you agree to cooperate with Sponsor concerning verification and auditing. All references to an entrant’s status as a “winner” are subject to Sponsor verification and auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the Drawing at any time.

 All personal information you submit as part of this Drawing will be treated in accordance with Sponsor’s Privacy Policy (accessible from www.thinkplaycreate.org). By participating in the Drawing, you acknowledge and agree that all information and material, including any personal information provided in your Survey, entry materials, affidavits, and releases, will be shared with Sponsor’s agents, representatives, and other third parties involved in the execution, administration, or hosting of the Survey or Drawing, and may be further publicized or released for promotional and compliance purposes. You consent to Sponsor’s use of your Survey responses for any purpose in Sponsor’s sole discretion, including but not limited to use for marketing and publicity purposes. In the event of any conflict between these Official Rules and the terms of Sponsor’s Privacy Policy, these Official Rules will govern.

By participating in the Drawing, you agree to release and hold harmless the Released Parties (defined below) from and against any claim or cause of action arising out of participation in the Drawing or receipt or use of any prize, including but not limited to, (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Drawing; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware, or software; (d) technical or human error which may occur in the administration of the Drawing or the processing of entries; (e) lost, late, delayed, stolen, damaged, incomplete, invalid, unintelligible, garbled, misdirected, mutilated, or undeliverable entries, all of which will be void; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, as a result of your participation in the Drawing or receipt of any prize. If there is a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the email address. You may be required to show proof of being an authorized account holder. Sponsor and its parent(s), subsidiaries, affiliates, distributors, and retailers, and all of their respective advertising and promotional agencies, representatives, shareholders, employees, contractors, officers, directors, and agents, as well as all social media sites (collectively, the “Released Parties”) expressly disclaim any and all warranties of any kind (whether express, implied, statutory or otherwise), including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Under no circumstances will the Released Parties be held responsible or liable for your use of the information and/or products provided and/or made available through the Drawing or for errors or anomalies resulting in the unintended or erroneous participation, award of prize, or other benefits under these official rules. Released Parties offer no assurances, guarantees, or warranties that the Drawing will be uninterrupted or error-free and do not guarantee the accuracy or reliability of any information obtained through the Drawing. Released Parties will not be liable or responsible for damages of any kind related to your participation in or inability to participate in the Drawing, whether the damages are direct, indirect, incidental, special, or consequential. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you in whole or in part. 

 Except where prohibited, you agree that (a) any and all disputes, claims and causes of action arising out of, or connected with the Drawing or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in San Diego, California; (b) any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Drawing, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of any other entrant or Sponsor in connection with the any portion of the Drawing, will 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 State of California. By participating in the Drawing, you agree that California will be the exclusive forum for any formal dispute resolution.

You may obtain the Drawing results by sending a self-addressed, stamped envelope to Sponsor with a printed request for “New Children’s Museum 2024 Market Survey Drawing Winners List.” Records may not be available beyond two (2) years.