Terms of Use

Terms & Conditions Website

1. Identification and Contact Details.

CHIPICAN LLC/dba/ toty (“Toty” or “We” or “Company”), a Delaware limited liability company, maintains this website: www.toty.com (the “Site”) for general information and communication purposes only.  The following are Toty’s details for contact:

CHIPICAN LLC
6230 Wilshire Blvd
Ste A, PMB 2282
Los Angeles, CA 90048

Support@toty.com

2. Acceptance by User.

All the information on this Site is published in good faith.  Please be informed that your access, browse, use of the Site, and your purchase of Toty products is subject to the following Terms (“Terms”) and all applicable laws.

Toty reserves the right to revise these Terms at any time.  As such, you should check these Terms periodically.  If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them.  At the bottom of this page, we will notify you of the date these Terms were last updated.

3. Access to Site and Passwords.

Generally, you do not need to subscribe or register in order to use and browse our Site.  However, we may require your registration if you wish to use certain features within the Site.  Such registration may be subject to specific terms of registration with which you must comply.   When any of the Site content or functions on the Site require you to register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. Each registration is for a single user only. Once an account is created, you agree to (a) maintain and promptly update, as necessary, your information, (b) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (c) immediately notify Toty if you discover or otherwise suspect any security breaches related to the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the Site.

You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity.  

If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify toty’s Customer Service Team by sending an email to support@toty.com.

YOU ARE SOLELY LIABLE FOR LOSSES, DAMAGES, LIABILITIES, EXPENSES INCURRED BY YOU, TOTY OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT REGARDLESS OF WHETHER YOU HAVE NOTIFIED US OF SUCH UNAUTHORIZED USE. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Toty has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Toty has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof). You agree not to create an account if you have been previously removed by Toty, or if you have been previously banned from use the Site’s services. 

You may cancel your account with Toty at any time by following the instructions on the Site. If you voluntarily terminate your account or allow your account to lapse, you may reactivate your account at any time through the user account section of the Site. Accounts terminated by Toty for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your account in our sole discretion, and without prior notice to you if, for example, you violate the Terms.

Browsing, access and security.

Accessing and browsing this Site implies acceptance and knowledge of the legal warnings, Terms of use contained therein. Toty makes its maximum effort to ensure that access to and browsing this Site are carried out under the best conditions, avoiding damages of any kind that may be caused during the same.

Toty does not warrant that access to this Site will be uninterrupted or error-free, and is not responsible for performance failures, omissions, service interruptions, defects, transmission delays or connection line failures nor does any representations or warranties that the content or software that may be accessed through this Site will be error-free or will not cause damage.

Toty makes its maximum effort to ensure that this Site does not contain any computer virus that may cause harm to users. Notwithstanding these efforts, Toty declares that it is impossible to guarantee at all times that this Site will be free of computer viruses, and therefore, in no event shall Toty be for any loss, damage or harm of any kind arising from access to and use of this Site including, but not limited to, any loss, damage or injury caused to computer systems or caused by the introduction of viruses.       

Toty shall not be liable for any damages that may be caused to Users by improper use of this Site.

4. Purchases on our Site.  

toty offers suncare products (skincare, makeup, SPF, wellness) for sale on the Site. Please carefully read all pricing terms available in the areas of the Site that allow you to make purchases. Your use of the Site includes the ability to enter into agreements and/or make transactions electronically. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. TOTY is not responsible for typographic errors. Some aspects of the Site may require you to pay a fee, the details of which are available in various areas of the Site that feature the ability to purchase products, features, or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by Toty, your account may be closed without warning or notice at our sole discretion. EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

5. User Content and Proper Use of the Site.

When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content.  This means that you, and not we, are entirely responsible for all User Content that you post to the Site. While using our Site, you agree NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Site.

You agree that you will comply with these Terms and will not:

1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

2. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;

iii. use the Site for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity, or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed, or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms infringe the rights of others.

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email at support@toty.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it).  We may not be able to process your deletion request if you are unable to provide such information to us.   Please allow up to 10 business days to process your deletion request.

6. Termination of Usage.

We may terminate your access or suspend at any time your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users or us.  In addition, we reserve the right to refuse an order from any customer in our sole discretion.

7. Third-Party Links.

Toty is not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site.  These links are provided for your convenience only and you access them at your own risk.  Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website.  In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

8. Copyright and Licenses.

Everything contained in this Site is proprietary information of Toty (or third-parties from whom Toty has obtained appropriate consent), which owns the intellectual property rights and materials on the Site.  You may not use or link any information or materials on this Site without the written permission of Toty, except as expressly provided in these Terms or within the text of the Site.

You may freely browse the Site, but your accessing, downloading and/or using of any information from this Site, including, but not limited to, any text, images, audio, and video, is limited to your own personal use.

Nothing in this Site shall be deemed to constitute, by implication or otherwise, the grant of any license or right to use any of Toty’ intellectual property rights, and/or any information or materials herein contained.  Therefore, you are not allowed to, without written permission of Toty, distribute, modify, transmit, reuse, repost, or use the information contained herein for any commercial purpose, unless expressly provided in these Terms or within the text of the Site.

9. COPYRIGHT INFRINGEMENT NOTICES

We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the users’ privileges to Toty’s Site, when they are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to support@toty.com for notices of infringement and provide the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;

• Identification of the copyrighted work(s) that you claim has been infringed;

• A description of the material that you claim is infringing and the location of that material on the Site;

• Your address, telephone number and email address;

• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

10. Disclaimers and Limitations of Liability

Toty has made this Site in good faith to offer its consumers and to general public quality, reliable and safe services so the Site is provided on an “AS IS,” “as available” basis.  Toty does not warrant that your use of the Site will be uninterrupted or error-free.  Toty does not warrant the accuracy, integrity, or completeness of the content provided on the Site, or the products or services offered on the Site.  Toty specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose.  No oral advice or written information given by us shall create a warranty.  You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Consequently, the user accepts the provision of the service of this Site under the conditions in which they are effectively delivered and personally assumes the consequences of his decision to make use of it.

Toty does not guarantee in any case:

1. The accuracy or truthfulness of any information contained on the Site

2. The availability, continuity, accessibility, functioning, operability or quality of the Site

3. The lawfulness, reliability, quality, usefulness or truthfulness of the information, the absence of viruses or other harmful of the Site

4. The veracity or validity or authenticity of information of the personal data provided by users.

Compliance, by users, with law, Terms of use, public morality, good customs or public order, in the access or use that they make of the Site

Under no circumstances shall Toty be liable for any direct, indirect, incidental, special, or consequential damages that result from your use of or your inability to use the Site, whether due to a server failure or any other reason, and whether or not attributable to us, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services.  

In addition, links and hyperlinks do not imply any responsibility for Brill Pharma or approval by Toty of the information contained therein; links and hyperlinks to other Internet sites are at your own risk; Toty does not investigate, verify, control or endorse the content, accuracy, legality or opinions expressed in other links provided by these sites.  

Toty guarantees the confidentiality of user’s personal information, which will only be used according to its Privacy Policy

The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available throughout the Site. 

11. Usage by Minors

This Site is not intended for or directed to persons who are minors.  Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase.  By registering with this Site, purchasing products or services from us, or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

12. Applicable Law

You agree that the laws of the State of New York, United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Toty.

13. Disputes

For any dispute you have with us, you agree to first contact us through email at support@toty.com to attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in the Southern District of New York, USA and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THESE TERMS, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. 

YOU ALSO AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

These Terms were last revised and updated on June 20, 2023.

TOTY GIVEAWAY Official Rules

1. THE GIVEAWAY. CHIPICAN LLC (“Us”, “We” or “Company”) has prepared these Official Rules (the “Rules”) to govern the terms and conditions of your participation in the #GivingTuesday giveaway (the “Giveaway”). No purchase or payment is required to participate in the Giveaway. The Giveaway is void where prohibited. Internet access and a device capable of internet connection is required to participate in the Giveaway. Charges imposed by your mobile plan and/or your land internet service provider may apply.

2.  Prize consists of inclusion of five (5) winners (each a “Winner”) that will receive one unit of toty Solaria Mineral SPF 50+ Antioxidant Sunscreen Serum, one unit of toty Transforma AHA 360˚ Retexturizing Serum, and a $50 UberEats/Postmates gift card! (the “Prize”). The Company will cover standard shipping costs within the United States. Each Winner shall not be allowed to substitute or transfer the Prize. The Company reserves the right to substitute or forfeit the Prize if, at its sole discretion, determines that there has been a violation to these Rules. The Company will not be responsible for awarding more than five (5) Prizes, assuming sufficient eligible Entries are received during the Period. If a potential winner is disqualified for any reason, the Company will award the vacant Prize to an alternate potential winner by randomly drawing from among all remaining eligible Entries. [Only three (3)] alternate drawings will be held, after which the Prize will remain un-awarded. Any products included in the Prize may not be sold, resold, auctioned, bartered, or distributed through any channels. Any Prize depicted in advertising or promotional materials serves only illustrative purposes and may differ from the actual Prize awarded. THE PRIZE AND ALL PRODUCTS RECEIVED IN CONNECTION WITH THE PRIZE ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3. ELIGIBILITY: The Giveaway is open to Instagram account holders that are legal residents of any of the 50 United States and the D.C. who are physically residing in the country and are 18 years of age or older as of the beginning of the Period (“Eligible Participants”). Employees of the Company and its parents, subsidiaries, affiliates, and promotion/advertising/marketing agencies are not eligible to participate in the Giveaway.

4. PERIOD. The Giveaway will be open from on [1/24] to [10am PST] on [1/29] (the “Period”). The official time reference is that of the Company's server. By participating in the Giveaway, you accept and agree to be bound by (i) these Rules; (ii) the Privacy Policy available at [https://toty.com/pages/privacy-policy] and incorporated herein by reference; (iii) any additional terms and conditions specific to the Giveaway communicated by the Company from time to time; (iv) the decisions of the Company which shall be final and binding in all matters. The Giveaway is in no way administered by Instagram. The Giveaway may be cancelled and any time and without prior notice to you. In the event of contradiction, ambiguity, or inconsistency between these Rules and any advertising materials, announcements and/or any other communications relating to the Giveaway, these Rules shall govern.

5. HOW TO PARTICIPATE. During the Period, Eligible Participants may participate in the Giveaway by cumulatively complying with the following requirements (the “Entry Requirements”):

(a)        Follow @toty

(b)        Like the post announcing the Giveaway linked HERE;

(c)        Comment & tag 3 friends who you’re going to watch Griselda with tonight!

Any Eligible Participant that complies with all of the Entry Requirements during the Period will have submitted an “Entry” and be eligible to win the Price (“Contestant”). Entries will not be acknowledged. In the event of a dispute regarding the identity of a Contestant, the individual who is the account holder of the email address used to create the Instagram account used to submit the Entry will be considered the Contestant. To be a Participant, the Company must receive the Entry during the Period. Proof that an Entry was submitted does not prove that it was received by the Company within the Period, nor that it is eligible to win the Prize.

6. DISQUALIFICATION. Company reserves the right to verify Participant’s eligibility and compliance with these Rules and disqualify any Contestant at any time and at its sole discretion if it considers that (i) the Entry was not submitted in good faith; (ii) there has been fraud, cheating, tampering with, or abuse of any aspect of the Giveaway or any element thereof, including without limitation, the use of bots, malware, or other unauthorized devices or participation methods; (iii) any Entry Requirement was not properly complied with; (iv) the Entry has or will have a detrimental impact on the Company, the Giveaway or any of the Company’s brands, products or services; (v) one or all of the Entry Requirements contains words that are unpleasant, distasteful, nasty, or otherwise inappropriate; or (vi) any other reason the Company at any time and at its sole discretion may determine. A disqualified Winner may be required to return the Prize.

7. DRAWING: A random drawing will be conducted on or about [10am PST] on [1/29] by the Company to select the potential winners of the Price from among all eligible Entries received. Odds of winning depend on the number of Entries received. Potential winners will be publicly announced on the stories of the Instagram account @toty, and personally notified to the Instagram account used to submit the Entry via an Instagram direct message from the Instagram account @toty customer service. Once notified, potential winners will not be notified again. Potential winners must sign and return any documents required by the Company within [7] days counting from the date notice was sent, or such other date set by the Company. Failure to respond within the applicable time period will result in forfeiture of Prize and the Company shall have the option to award the Prize to an alternate potential winner. Acceptance of the Prize constitutes permission to the Company and its designees to use Winner's name, account username, likeness, biographical information, image, voice, and statements for marketing purposes, worldwide, at any time or times, in all media now known or hereafter discovered including television and the internet including without limitation the Company’s social media platforms, without notice and  without further compensation or right of approval, unless prohibited by law. 

8. TAXES AND EXPENSES. Each Winner shall be responsible for all applicable local, state, and federal taxes resulting from acceptance of the Prize and for all expenses not specifically stated herein to be covered by the Company. Winner shall seek independent advice regarding tax implications of their winning of the Prize.

9. CONTESTANT’S REPRESENTATIONS: By submitting an Entry, Contestant represents, warrants and agrees that: (i) they have the absolute right and all applicable consents to submit an Entry and to all its content; (ii) submitting an Entry does not violate or infringe the rights of a third party, any law or policies, nor will cause the Company public disrepute, scandal, or embarrassment; (iii) the Entry and all its content is truthful and accurate; (iv) the Entry does not contain, depict, condone, encourage or promote activities prohibited by these Rules; (v) the Entry does not portray, reference, or include any information about an individual under the age of 13, and, all individuals referenced or featured in the Entry, whether in whole or in part, must have provided their consent to the Contestant for the submission of the Entry. If requested by the Company, Contestant shall provide evidence of the above in writing. Any trademarks, logos, marks, or any other intellectual property appearing in any way in connection with this Giveaway, the Prize, or any Entry are the property of their respective owners.

10. LICENSE: By submitting an Entry, Contestant grants to the Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, in whole or in part, the Entry and all information, intellectual, and property rights contained therein. This license encompasses the right to display, reproduce, and create derivative works. Contestant acknowledges and agrees that, by granting this license, their Entry may undergo modification, editing, distortion, and may be used in whole or in part, alone or in conjunction with other works, or in any other manner, as determined solely by the Company, across any media and medium known or created in the future including but not limited to print, broadcast, radio and internet, without compensation or review. Furthermore, Contestant understands and agrees that their Entry may publicly viewed, digitally transmitted, digitally distributed, and subject to public comments, including forwarding or reposting for both commercial and non-commercial purposes across the Company's and third parties' social media accounts.

11. INDEMNIFICATION & RELEASE: By submitting an entry, Contestant agrees to the fullest extent permitted by law, to release, discharge and hold harmless the Company and any  other the entity involved in the Giveaway, including their respective parent companies, affiliates, and subsidiary companies, and their respective officers, directors, employees, contractors, representatives and agents (“Released Parties”) from and against claims, demands, actions, suits, causes of action, liabilities, obligations, debts, demands, controversies, judgments, orders, rights to injunctive or declaratory relief, breaches of contract, acts, omissions, promises, representations, administrative claims, arbitration rights, liens, damages, attorneys fees, costs, expenses and liabilities now existing or arising in the future from, including but not limited to, bodily injury, personal injury, death, disability, property damage, costs and expenses, reasonable attorneys’ fees, court costs, settlements, and disbursements directly or indirectly arising from the Entry and/or the acceptance, possession, use or misuse of the Prize and any content thereof, participation in the giveaway and/or other Prize related activities, access to the any platform, social media account, or website, and otherwise related to the Giveaway. By submitting an entry, Contestant covenants, to the fullest extent permitted by law, not to initiate or cause to be initiated, any legal action against any of the Released Parties concerning any matter released above. Furthermore, Contestant commits not to disaffirm, restrict, or revoke this release. If any provision of these Rules is found to be invalid, it will be removed, and the remaining provisions shall remain in full force and effect.

12. LIMITATION OF LIABILITY: By submitting an Entry, Contestant waives all right to be hold harmless by the Company from any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Giveaway or the acceptance, use, or misuse of the Price and any product received in connection with the Prize, unless prohibited by law. The Company will not be responsible for any tampering, hacking of any equipment involved in the administration of the Giveaway; late, incomplete, stolen or incorrect Entries; error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of any Entries; failure to capture an Entry; internet, Instagram, computer, network, telephone, satellite, hardware, software or any other platform’s availability, accessibility or traffic congestion, failure, delays, or malfunctions; an Eligible Participant's failure to receive notices due to any reason including Eligible Participant's spam, junk e-mail, or other security or privacy settings; Eligible Participants' provision of incorrect or otherwise non-functioning contact information; Eligible Participants not timely acting upon notification or otherwise not responding for any reason whatsoever to the Company’s notification; technical, hardware, or software malfunctions; lost or unavailable network connection; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender, the recipient, or Instagram; any human, typographical, technological, or other error in the administration of the Giveaway, or the announcement of the winners; injury or damage to any Eligible Participant’s or any other person's computer and/or mobile device resulting from or related to submitting an Entry.

13. FORCE MAJEURE: The Company will not be held liable to Contestant, Winners, or any other individual or entity for failure to execute the Giveaway, or any component thereof; or provide the Prize, or any portion thereof, due to circumstances beyond its control including, without limitation, acts of God, actions, regulations, orders, or requests by any governmental or quasi-governmental entity (even if invalid), equipment failure, terrorist acts, cyber-attacks, earthquakes, war, fire, flood, explosions, unusually severe weather, hurricanes, embargoes, legal or illegal labor disputes or strikes, shortages of labor or materials, interruptions in transportation of any kind, work slowdowns, civil disturbances, insurrections, riots, cancellations or delays of any kind, epidemics, pandemics, or any other events beyond its reasonable control.

14. CHOICE OF LAW AND FORUM: Contestant agrees that all matters arising out of or relating to the Giveaway and these Rules are governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any of the conflict of laws provisions thereof. Contestant further agrees that any legal suit, action, or proceeding arising out of or relating to the Giveaway and these Rules shall be brought exclusively in the applicable federal or state courts located in Wilmington, Delaware.

15. PRIVACY:  Information submitted with an Entry is subject to the Company’s Privacy Policy available at [https://toty.com/pages/privacy-policy].

16. THIRD PARTY CONTENT. Contestant must comply with Instagram’s Terms of Use, Terms of Service and Privacy Policy. The Giveaway is not endorsed, administered by, or somehow associated with Instagram nor any other Social Media Platform.

17. DEFINITIONS AND HEADINGS. The definitions given for any defined terms in these Rules shall apply equally to both the singular and plural forms of the terms defined. The headings in these Rules are for reference only and do not affect the interpretation of these Rules.