“GIFT OF READING CONTEST” OFFICIAL RULES
1. CONTEST: THE FOLLOWING OFFICIAL TERMS AND CONDITIONS (“OFFICIAL RULES”) APPLY TO THE “GIFT OF READING CONTEST” (THE “CONTEST”). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Some of the prizes in this contest are sponsored by Google, Inc. and Biossance (“Sponsor(s)”)
2. ENTRY PERIOD: The Contest commences at 12:00:01 AM (PT) on November 2, 2021 and ends at 11:59:59 PM (PT) on January 31, 2021 (the “Contest Period”). All entries must be received prior to the expiration of the Contest Period in accordance with the terms and conditions of these Official Rules, and any entries so received thereafter shall be null and void, and ineligible for the Contest.
3.ELIGIBILITY: This Contest is open to legal residents of all 50 United States, United States territories, and Canada who are/were Gift of Reading Box (“GOR”) Entrants must be at least 18 years of age or older at time of entry. Employees (and their immediate families) (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Sponsor, Reese’s Book Club, LLC, including any of its affiliated companies, employees, contractors, subcontractors, successors, or assigns (collectively, “Hello Sunshine”) and any of Sponsor or Hello Sunshine’s affiliated companies, sponsors, advertising agencies and third party fulfillment agencies are not eligible for the Contest.
4. HOW TO ENTER:
A. Accessing and Completing the Entry Form: In order to be entered into the Contest and become an eligible entrant (“Entrant”), Entrant must complete the following actions in accordance with the terms and conditions set forth herein prior to the conclusion of the Contest Period:
B.Upon receipt of any purchased GOR box and for the duration of the Entry Period set forth above, Entrants may scan the included bookmark QR code with their phone camera, which will send Entrants to a webpage alerting them if an Entrant is a randomly picked winner. That webpage will also provide Entrant with further instructions with how to claim Entrant’s prize, if any.
5. GENERAL ENTRY TERMS AND CONDITIONS: All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. Any potential Prize Winner (as defined herein) may be requested to provide Hello Sunshine with proof and other substantiating documentation that such person is the verified potential Prize
6. ENTRY CONDITIONS: By entering and/or participating in the Contest, each Entrant agrees:
(b) to release and hold (i) Sponsor and its affiliates, and their respective agents, employees, officers, directors, successors and assigns, (ii) Hello Sunshine and its affiliates, and their respective agents, employees, officers, directors, successors and assigns, and (iii) any suppliers, licensors, donors, sponsors, operators, service providers, vendors, marketing partners and other affiliated parties of Sponsor in connection with the Contest (collectively, the “Sponsor Entities”) harmless against any and all claims, injury or damage arising out of or relating to participation in the Contest and/or use or misuse or redemption of any Prize (as defined herein), including, publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of action. Further, Sponsor and Hello Sunshine shall not be responsible for errors, omissions, interruptions, deletions, defects (in part or in whole), delays in operations, transmissions, theft, or destruction or unauthorized access to or alternations of any entry correspondence, transmissions or other materials in connection with the Contest. Any attempted entries in connection with the Contest that are lost, late, misdirected, incorrect, corrupted, inaccessible or incompletely received, for any reason, including, by reason of platform, hardware, software, browser, or network failure, malfunction, congestion, or incompatibility on any servers or otherwise shall not be counted or eligible for the Contest, as determined by Hello Sunshine, in its sole and absolute discretion.
7. PRIZE WINNER SELECTION AND NOTIFICATION:
7.1 Prize Winner Selection. Subject to the terms and conditions set forth in these Official Rules, there may be up to three hundred fifty (350) potential Prize Winners selected from among all qualifying Entrants (each, a “Prize Winner” and, collectively, the “Prize Winners”).
7.3 Prize Winner Notification. Upon a winning code being scanned by an Entrant during the Entry Period, prize winner(s) shall be notified of their winning status and Hello Sunshine shall thereafter attempt to contact the potential Prize Winners using text message and e-mail. If a potential Prize Winner cannot be contacted or does not respond (within 48 hours of attempted notification) and/or return two copies of any completed Contest Documentation (as defined herein), within 48 hours of said attempted notification, Hello Sunshine reserves the right, in its sole and absolute discretion, to disqualify such potential Prize Winner. Hello Sunshine shall not be responsible for failed attempts to notify any potential Prize Winner and no responsibility is assumed by Hello Sunshine or Sponsor for any e-mail(s), message(s) or other correspondence returned as undeliverable without a forwarding address or any other problems, omissions or technical malfunctions associated with any platform, network, servers, computer equipment, software, applications, the Internet or any combination thereof. For the avoidance of doubt, each potential Prize Winner shall be subject to verification, including, as described in Section 8 below.
The final determination of the Prize Winners shall be in the sole and absolute discretion of Hello Sunshine. Hello Sunshine reserves the right, in its sole discretion, to extend the Contest Period or to not provide a Prize if no winning codes are scanned or Prize Winners cannot be verified in the Contest Period. Hello Sunshine reserves the right to delay the announcement of any Prize Winner in its sole discretion. To the extent permitted by law, Hello Sunshine disclaims any liability from, and Entrants, agree to waive, any claims against Hello Sunshine, Hello Sunshine, Sponsor, and/or Sponsor Entities relating to the awarding process. Hello Sunshine reserves the right to select an alternate Prize Winner in the event that any potential Prize Winner fails to comply with these Official Rules.
8. PRIZE WINNER VERIFICATION: Upon the request of Hello Sunshine, the potential Prize Winners must sign and return the following documents in order to be eligible to receive a Prize: (i) an affidavit of eligibility; (ii) a valid photo ID (e.g. driver’s license, passport, ); (iii) a publicity/liability release whereby the potential Prize Winner agrees to release and hold harmless the Hello Sunshine and Sponsor vis-à-vis his/her participation in the Contest as well as granting the right to Hello Sunshine and Sponsor to use the potential Prize Winner’s name and likeness (and other indicia of persona) for advertising, marketing and publicity purposes (where lawful); and (iv) any other releases and waivers requested by Hello Sunshine, in each instance (i.e., subsections (i), (ii), (iii) and (iv) above), releasing the Hello Sunshine and Sponsor Entities from any and all liability, loss, claims, demands, and causes of action for or related to (a) personal injury, damage, theft, loss, or any other harm suffered in connection with the Contest or the receipt and/or use of any Prize (or any component thereof); and (b) publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of, including, the use/misuse and/or acceptance of any Prize (or any component thereof); (collectively, the “Contest Documentation”). By entering into the Contest, each Entrant agrees to promptly sign and return all of the Contest Documentation in accordance with the requirements, criteria, parameters and timing described herein or otherwise designated by Hello Sunshine or Sponsor. Hello Sunshine reserves the right to conduct a background check of any criminal records of Prize Winners.
9. PRIZE TERMS AND RESTRICTIONS: Only the Prizes as described in these Official Rules shall be awarded and no substitutions, cash equivalents and/or redemptions shall be made, except that Hello Sunshine and Sponsor reserve the right to substitute any Prize (or any component thereof) with another prize of equal or greater value, including a cash award, in the event that the applicable Prize (or any component thereof) is not available for any reason. Each Entrant in the Contest shall be eligible to win no more than one The Prizes are non-transferable or assignable to any other person or entity, except by Hello Sunshine or Sponsor. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any Prize, are the sole responsibility of the Prize Winner. The Hello Sunshine and the Sponsor Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery, receipt and subsequent use and redemption of any Prize (or any component thereof). The Prize restrictions and conditions set forth herein are not exhaustive and additional restrictions and conditions may apply, and the Hello Sunshine and Sponsor Entities make no representations or warranties (express or implied) concerning the appearance, safety, features, usage, accuracy or performance of any Prize. The Hello Sunshine and Sponsor Entities shall not be liable for nor replace any lost, stolen, damaged or malfunctioning element of any Prize. For the avoidance of doubt, the value of the Prize shall be taxable to the potential Prize Winners as income. Each potential Prize Winner must supply Hello Sunshine with his/her social security number for tax purposes. An IRS Form 1099 shall be issued in the name of the potential Prize Winners for the actual value of the Prize received. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the potential Prize Winner’s responsibility.
In the event a Prize Winner and/or their guest engages in or threatens behavior that (as determined by Hello Sunshine in its sole and absolute discretion) is contrary to the spirit of any Prize or the Contest, or is dangerous, obnoxious, threatening, illegal or that is intended to annoy, abuse, endanger, threaten or harass any other person, or that otherwise conflicts with the Sponsor’s or Hello Sunshine’s values, Sponsor and Hello Sunshine reserve the right to terminate such Prize, in whole or in part, or send Prize Winner and/or Prize Winner’s guest home at Prize Winner’s sole expense.
10. PRIZE DESCRIPTION AND CONDITIONS: Subject to all of the terms set forth in these Official Rules, the prizes for the Contest (the “Prize”) for each Prize Winner may include one (1) of the following potential prizes:
- (478) Free Book of Your Choice from all RBC Book Picks
- (200) Biossance Full Size Face Mask
- (250) Google Nest Mini
- (50) Draper James Bracelet & Bookmark
- (20) Food52 Skillet
- (1) Lavazza Coffee For a Year + Machine
- (1) Havenly Reading Room Makeover + $1000 Merchandise Credit
Any difference between the ARV and the actual value of the Prize, if any, will not be awarded. The redemption, availability and use of the Prize shall be subject to any applicable policies, conditions, restrictions, exclusions and other terms promulgated by Prize providers or other third parties providing any Prize-related products or services (including such third parties’ use, acceptance, redemption, cancellation, codes of conduct and security policies, etc.). Except as specifically provided herein, the Prize does not include taxes, insurance, or any other items not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the applicable potential Prize Winner. If the potential Prize Winner chooses not to accept the Prize or fails to comply with these Official Rules, the Prize shall be forfeited, in its entirety, by that potential Prize Winner, and Hello Sunshine reserves the right to offer the Prize to another qualifying Entrant, subject to the terms and conditions set forth in these Official Rules. If Hello Sunshine cannot verify a Prize Winner with a valid, winning code scan, the Prize shall be forfeited.
11. SUBMISSIONS/POSTINGS; RESTRICTIONS; LICENSE:
(a) In order to promote, market and publicize the Contest, the Hello Sunshine and Sponsor Entities and certain other related initiatives, entities and services, require a license to use any and all information, materials, work product, concepts, files and content posted, made available or submitted in connection with each Entrant’s participation in the Contest, including each Entrant’s name (and likenesses), user names, biographical information and any other personal information(collectively, “Submissions/Postings”). By way of example and by no means limitation, the Postings/Submissions may be used in connection with Entrant lists, news feeds, emails, notifications, message boards, forums, blogs, blasts, online social community network profiles/groups/platforms, periodicals, magazines, news reports, websites, programming channels, broadcast and any other means of public display and performance, and other uses which may incorporate the Hello Sunshine and Sponsor Entities and/or other affiliated parties' property and branding (including promotional materials such as banners, photos, logos, trademarks, audio-visual content, etc.) (collectively, the “Sponsor Materials”).
(b) Accordingly, each Entrant hereby expressly grants Hello Sunshine a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, sublicensable and transferable right and license to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, create derivative works, modify and promote any and all Postings/Submissions in, on, through and in connection with any and all now known or hereafter devised, discovered or developed forms of media, products, platforms and services, without notice and without compensation, right of inspection, royalty, accounting, liability or obligation of any kind to any Entrant or any other third
In addition, each Entrant agrees, confirms and represents to the Hello Sunshine that such Entrant has not engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with the Contest that: (i) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (ii) violates any of the terms or conditions of these Official Rules.
12. GENERAL TERMS: The Contest is governed by and subject to the laws of the United States and the State of All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Any violation of these Official Rules may result in disqualification. Hello Sunshine reserves the right to reject any entries in the Contest or any Entrant’s activities associated therewith that may be deemed, in its sole and absolute discretion, to violate these Official Rules, and/or any policies or guidelines established by Sponsor that govern Entrants’ participation in the Contest. IF THESE OFFICIAL RULES CONFLICT WITH OR OTHERWISE DIFFER FROM ANY PROMOTIONAL OR OTHER MATERIALS PUBLISHED OR MADE AVAILABLE IN CONNECTION WITH THE CONTEST, THESE OFFICIAL RULES SHALL CONTROL. The section headings in these Official Rules are for convenience only and are not to be considered in construing or interpreting these Official Rules. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.
ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT SHALL BRING SUCH PRIZE WINNER, HELLO SUNSHINE, OR SPONSOR INTO DISREPUTE (IN HELLO SUNSHINE’S SOLE AND ABSOLUTE DISCRETION) SHALL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER FROM THE CONTEST AND ALL PRIVILEGES AS A PRIZE WINNER SHALL BE IMMEDIATELY TERMINATED.
Hello Sunshine reserves the right to cancel, terminate or modify any transmission, term, condition or other activity, including in circumstances where same is not capable of completion as planned, whether by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, technical failures of any sort or otherwise. Hello Sunshine and Sponsor Entities are not responsible for errors in the administration or fulfillment of the Contest, including, mechanical, human, printing, distribution or production errors, and Hello Sunshine may modify or cancel the Contest for any reason or no reason in its sole and absolute discretion without liability or obligation. Hello Sunshine and Sponsor Entities assume no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Postings/Submissions, Eligible Entries, memberships, registrations or other correspondence or transmissions in connection with the Contest. Hello Sunshine and Sponsor Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, applications, failure of any e-mail or players on account of technical problems or traffic congestion or otherwise on the Internet or at any web site or application, or any combination thereof, including, any injury or damage to any Entrant’s or any other person's computer or mobile device related to or resulting from participation in the Contest. Hello Sunshine and Sponsor Entities are not responsible for any typographical or other error in the printing of any materials, administration of the Contest, or in the announcement of the Prize Winner(s). If, for any reason, any functionality or other aspect of the Contest is not capable of being offered and/or operated as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Hello Sunshine which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Hello Sunshine reserves the right in its sole and absolute discretion to cancel, terminate, modify (e.g., time periods, alternate prizing, eligibility criteria, etc.) or suspend the Contest. All interpretations of these Official Rules and decisions by Hello Sunshine are final. No software-generated, robotic, programmed, script, macro or other automated online entries are permitted and use thereof shall result in disqualification of all such entries. Hello Sunshine reserves the right in its sole and absolute discretion to disqualify any Entrant or other party for any reason, including those it finds to (i) have tampered with the entry process or the operation of any technology associated therewith (or any component thereof); (ii) be acting in violation of these Official Rules or the spirit of the Contest; or (ii) be acting in a disruptive or unsportsmanlike manner, whether with intent to annoy, abuse, threaten or harass any other person or Entrant or other otherwise, or to have provided inaccurate information at any time during the Contest, including, on any entries or legal documents submitted in connection with the Contest or otherwise. Further, Hello Sunshine reserves the right to disqualify any Entrant whose conduct, in Hello Sunshine’s sole and absolute discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate or unsportsmanlike in any way for the Contest.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, HELLO SUNSHINE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Sponsor and Hello Sunshine at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless each of Sponsor and Hello Sunshine from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; and (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest.
Entrant releases Google, Inc., any other Contest Sponsor, Hello Sunshine, and each of their respective subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents from any liability associated with: (a) any malfunction or other problem with the Contest Site; (b) any error in the collection, processing, or retention of entry information; or (c) any typographical or other error in the printing, offering or announcement of any prize or winners.
13. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Contest, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Contest, or the Prize(s) awarded, or the determination of the Prize Winner(s) shall be resolved individually, without resort to any form of class Further, in any such dispute, under no circumstances shall any Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant’s actual out-pocket expenses (e.g., costs associated with entering the Contest), each Entrant further waives all rights to have damages multiplied or increased and each Entrant further waives the right to seek injunctive relief. All issues and questions, rights and obligations of each Entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of California, County of Los Angeles. Hello Sunshine, Sponsor, and each Entrant waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or the Contest.
15. PRIZE WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the Prize Winner(s) names, send a separate, stamped, self-addressed envelope to: Gift of Reading Contest, Hello Sunshine, 10635 Santa Monica Suite 350 Los Angeles, CA 90025. Requests received 60 days after the conclusion of the Contest Period shall not be honored.
16. SPONSOR: The Contest is sponsored by Google, Inc. and Biossance which are alone responsible for their The Contest is in no way authorized, sponsored, endorsed, approved, or administered by, or in association with Facebook or Instagram or any third party promoting the Contest or any of their respective affiliates. Each Entrant releases the foregoing entities from any and all claims and damages arising out of or in connection with the Contest. Any questions, comments or complaints regarding the Contest are to be directed to Hello Sunshine, at the address above, not the foregoing entities.