Be A Tykoon Contest Official Rules

“BE A TYKOON” Giveaway Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN.

DESCRIPTION OF CONTEST GOALS:

The purpose of the “Be A Tykoon” Giveaway Contest (the “Contest”) is to encourage kids to learn to earn, save, give and spend responsibly in a fun environment.

The Contest serves as a call to action from Tykoon, Inc. for kids to begin their journey to financial success.

Kids from 4-16 years of age are eligible to play the game (which may require some degree of parent participation), but the consent and assistance of a parent or legal guardian is required for the initial account creation.

Six (6) Weekly Winners (one parent/child per week) will be determined based on the child participant at the top of the Tykoon leaderboard at 11:59 PM on each Saturday during the Contest Period.

Thirty Five (35) Daily Winners will receive a Tykoon t-shirt based on the child participant at the top of the Tykoon leaderboard at 11:59 PM on each day during the Contest Period.

SPONSOR:

Tykoon, Inc., 37 West 20th Street, Suite 1004, New York NY (“Sponsor”).

ELIGIBILITY:

The Contest is open to individual persons who are legal residents of the United States and are between the ages of 4 and 16 years old as of the date of entry who have registered a user account with Sponsor. NO PURCHASE NECESSARY TO ENTER OR WIN. Employees, directors and officers of Sponsor and each of their respective affiliated or related entities, agents, advertising or promotional agencies, other suppliers providing prizes or other materials or services in connection with the Contest, and anyone else involved in the development or execution of the Contest and all members of any such person’s household or immediate family (regardless of where they live) (collectively, the “Contest Partners”) are not eligible to enter or participate in the Contest. “Immediate family” means spouse and mother, father, brothers, sisters, sons, daughters and each of their spouses.

ACCEPTANCE OF OFFICIAL RULES:

Participation in the Contest constitutes an entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions applying these Official Rules to the Contest. The decisions of Sponsor in regards to all matters of this Contest are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

CONTEST PERIOD:

The Contest commences on December 16, 2012 at 12:00 AM and ends at 11:59 PM on January 19, 2013 (the “Contest Period”). All times stated in these Official Rules are Eastern Standard Times, as determined based on Sponsor’s server machine(s).

HOW TO ENTER:

To enter, log on to https://www.tykoon.com/ during the Contest Period, click on “Log in” or “Get started.” A parent or legal guardian is required to sign-up and provide consent for a child to enter and participate in the Contest, and such parent or legal guardian will be required to provide their name and email address. Only one e-mail address and account may be used by any person to enter the Contest. Use of any automated or robotic system to enter is prohibited and will automatically result in disqualification. Only entries received during the Contest Period in accordance with these Official Rules will be accepted. No other forms of entry will be accepted. In the event of a dispute, an entry will be deemed submitted by the authorized account holder of the email address provided as part of the Contest registration process. “Authorized account holder” means the person who is assigned to an e-mail address by the Internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor and the Contest Partners are not responsible for lost, late, incomplete, damaged or misdirected entries. False or deceptive acts will render the entrant ineligible.

HOW TO ACCUMULATE TYKOINS TO ADVANCE ON THE TYKOON LEADERBOARD:

Kid Users:

Check off any task they complete

Propose Task to parents for the first time

“Spot” items using the Tykoon iOS app

Change Avatar for the first time

Change Background for the first time

“Like” a charity

Send purchase request to parents for items in the Tykoon store

Add to ‘My Charities’

Ask to donate to a charity

Like items in the Tykoon Shop

Add an item to Wishlist

Check progress toward a Savings Goal

Parent Users:

Parents on behalf of Kids

Parents set a Savings Goal

Parents assign Tasks

Parent confirms children’s tasks as completed

Parent accepts Kid-proposed Tasks

Parent adds other adult to account (spouse or other legal guardian)

2nd parent confirms and uses account first time

WINNER SELECTION:

During the Contest Period, one daily winner will be selected each day at 11:59 PM and one weekly winner will be selected each Sunday at 11:59 PM. Each winner will be the user that is at the top of the Tykoon Kid Leaderboard at each such applicable time. LIMIT ONE DAILY OR WEEKLY PRIZE PER PERSON – No repeat winners will be permitted.

PRIZES:

Weekly winners will have the right to select one (1) of the following prizes (set forth below with their approximate retail value (“ARV”) in United States Dollars (“USD”)):

(i) one (1) Apple iPod 2 (ARV: $399 USD); or

(ii) one (1) Apple iPod mini (ARV: $399 USD); or

(iii) one (1) Google Chromebook (ARV: $199 USD); or

(iv) one (1) Nintendo Wii U (ARV: $300 USD) ; or

(v) one (1) iPod Touch (ARV: $299 USD); or

(vi) one (1) Kinect for Xbox 360 (ARV: $110 USD); or

(vii) one (1) Nintendo 4DS (ARV: $200 USD); or

(viii) one (1) Sony Playstation 3 (ARV: $250 USD); or

(ix) one (1) Xbox 360 (ARV: $200 USD); or

(x) one (1) cash prize of $400 to fund a new children’s savings account (account to be opened by parent or legal guardian).

Daily winners will receive one (1) Tykoon t-shirt (ARV $15.00 USD).

Total ARV of all prizes awarded will depend on the prizes selected by the weekly winners, but will not exceed $2,925.

TERMS OF ACCEPTANCE:

Each prize must be accepted as awarded. No prize or cash substitution, assignment or transfer of prizes permitted, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize with one of comparable value or greater value without liability. Any applicable federal, state or local taxes and any expenses or costs incurred in connection with or incidental to receipt or use of a prize are the sole responsibility of the prize winner.

Entrants acknowledge that Sponsor, the Contest Partners, and each of their respective parent companies, subsidiaries and affiliated companies and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (together, the “Releasees”) have not made, nor are in any manner responsible, for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to, its quality, merchantability or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.

POTENTIAL WINNERS:

The potential prize winners will be notified that their entry has been selected via the e-mail address provided during the registration process. If the potential prize winner does not respond within five (5) days of being first contacted, does not execute and return to Sponsor the Release Forms and such other documentation as Sponsor may require within five days following receipt, or does not otherwise comply with these Official Rules, the potential prize winner will be disqualified and in Sponsor’s sole discretion, the person with the second highest points total on the Tykoon Kid Leaderboard on the applicable day may be confirmed a winner in accordance with these Official Rules and assigned a prize accordingly. Entrants are responsible for ensuring that any address, telephone and email information provided to Sponsor is current and accurate.

All potential prize winners are subject to verification by Sponsor, whose decisions are final. Sponsor shall determine any form of verification required. A potential winner is not a winner of any prize unless and until the potential winner’s eligibility and their account information has been verified and the potential winner has been notified that verification is complete. Sponsor will not accept any other evidence of winning in lieu of its verification process. In all cases, Sponsor reserve the right to request proof of identity, residency, and age, and a potential prize winner will be deemed to have forfeited the prize if Sponsor, in its sole discretion, finds such proof to be unsatisfactory.

In order to be confirmed as a winner, a potential prize winner must have complied with, and remain in compliance with, these Official Rules and must sign a release form (“Release Form”) provided by Sponsor, which (as further described below) releases the Releasees from any damage, loss, liability or death suffered as a result of or arising in any way from the potential prize winner’s participation in the Contest or the awarding or use of any prize. To be declared a prize winner, the potential prize winner must sign and return the Release Forms and such other documentation as Sponsor may require, and Sponsor must be in receipt of all such documents, within the time frames specified by Sponsor.

If a prize winner declines to accept the awarded prize or is disqualified for failure to comply with the prize conditions set forth in these Official Rules, such prize winner will forfeit the prize and Sponsor may, but is not required to, award the forfeited prize to the person with the second highest points total on the Tykoon Kid Leaderboard on the applicable day if such person is confirmed a winner in accordance with these Official Rules. The prizes awarded may differ from any depiction shown in any promotional materials in connection with the Contest. Sponsor and the Releasees are not responsible and shall not be liable if any prize is declined or undeliverable.

PERSONAL DATA:

Participation in this Contest constitutes consent for Sponsor to collect, use and disclose personal information as provided for in these Official Rules. All personal information submitted in relation to the Contest will be handled in accordance with United States privacy laws and the privacy policies of Sponsor, which may be found at https://www.tykoon.com/privacy-policy/. Personal information will be used in connection with the Contest and also may be used to send additional information about Sponsor, if affirmative consent to receive such information is provided when entering the Contest. Personal information will not be used for any other purpose and will not be shared with anyone else. Inquiries concerning personal information held by Sponsor in connection with this Contest should be sent in writing to Sponsor.

PUBLICITY:

Participation in this Contest constitutes consent to the use by the Releasees of a winner’s username, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.

CONDITIONS OF PARTICIPATION:

Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any entrant who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner. Without limiting the foregoing, Sponsor can prevent an entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter from participating in the Contest. Sponsor further reserves the right to amend or change these Official Rules at any time, in Sponsor’s discretion.

A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, Sponsor reserve the right to, without prior notice and at any time, remove entrants or terminate this Contest, in whole or in part, or modify the Contest and/or the Official Rules in any way, should any factor interfere with its proper conduct or impair the administration, security, integrity and fairness of play (as intended) of the Contest.

LIMITATIONS OF LIABILITY:

By participating in the Contest, entrants agree to release and hold harmless the Releasees from any and all liability for any injuries, losses, claims or damages of any kind arising from or in connection with participation in the Contest or acceptance, use, misuse or nonuse of any prize or parts thereof, including, without limitation, liability for death, personal injury, damage or loss of any kind, and from liability to any other persons relating to or resulting from entering or downloading materials or software in connection with the Contest. Without limiting the foregoing, the Releasees are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Contest; (ii) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (iii) digital or electronic disruptions, e.g., viruses other security breaches; (iv) unauthorized human intervention, e.g., hacking; (v) technical or human error which may occur in connection with any aspect of the Contest; (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Contest, or receipt or use of any prize; and (vii) lost, incomplete, illegible or garbled entries, mail or transmissions, interrupted or unavailable network, server or other connections, miscommunications, computer virus, bugs, worms, tampering, unauthorized intervention, fraud, failed computer hardware or software or telephone transmissions or other errors or problems of any kind whether mechanical, human or electronic.

DISPUTES; APPLICABLE LAW:

All entrants and prize winner(s) agree that any and all disputes, claims and causes of action arising out of or in connection with this Contest, or any prize awarded or the determination of the prize winner(s), which cannot be resolved between the parties, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then in effect. Further, in any such dispute, under no circumstances will entrants or prize winner(s) be permitted to obtain awards for, and each entrant and prize winner hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, including attorneys’ fees, other than entrant’s or prize winner’s actual out-of-pocket expenses incurred by participation in the Contest, and each entrant and prize winner further waives 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 or the rights and obligations of the entrants, prize winner(s), Sponsor, and the Contest Partners in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction) that would cause application of the laws of any jurisdiction other than the State of New York.

WINNER’S LIST:

To obtain a copy of a winner’s list via mail, please mail your request, together with a self-addressed, stamped envelope, to Tykoon, Inc., Attn: Be a Tykoon Giveaway Contest, 37 West 20th Street, Suite 1004, New York NY. Requests received after March 20, 2013 will not be honored.