Contest Giveaway Rules
To provide fair and equal chance of winning to all participants, the following are the official rules for all contests on Hello Sunshine websites and any owned, controlled, and/or affiliated social media pages.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Each Hello Sunshine contest or giveaway (the “Contest”) is designed to encourage eligible adults aged eighteen (18) on or before their date of entry (“Entrant(s)” or “You”) to be a participant.
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to the Rules. Therefore, please read these rules (“Rules”) prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prize described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Be Sunshine, LLC with respect to the Contest.
2. ELIGIBILITY: To be eligible to enter the Contest, an Entrant must: (a) be a U.S. citizen or a permanent legal U.S. resident (i.e. must be able to show proof of permanent legal residence); and (b) be aged eighteen (18) on or before their date of entry into the Contest. Contest is void where prohibited by law. Employees, interns, contractors, and official office-holders of Be Sunshine, LLC, and its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers, and directors are ineligible to participate in the Contest.
3. HELLO SUNSHINE: Each Contest is sponsored by Be Sunshine, LLC (“Hello Sunshine”), a Delaware corporation with principal place of business at in Santa Monica, CA, and may be co-sponsored by an additional party in Hello Sunshine’s sole discretion.
4. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To successfully enter a Contest (an “Entry”), an Entrant must take the requested actions during the Contest Period (the “Criteria”). Entrants must send entries using the correct contest entry email address and any other specific entry information requested in the Contest announcement. Machine or computer-generated mass entries will be disqualified. Entrants may also enter any Contest by sending an email to [email protected] E-mailed entries must include the Contest name in the subject line, your name, applicable contact information, and any other specific entry information requested in the Contest announcement and are subject to the same entry period and rules as emailed entries. Normal Internet access and usage charges imposed by your online service will apply. If you opt to enter via your wireless mobile device, standard rates, airtime and carrier charges will apply according to the terms and conditions of your service agreement with your wireless carrier. It is your sole responsibility to notify the Hello Sunshine in writing if you change your email address. Hello Sunshine is not responsible for and will not consider incomplete or incorrect entries, or emails sent but not received by Hello Sunshine for any reason, as potential Contest winners. Hello Sunshine accepts no responsibility for submissions delayed, damaged, defaced, garbled or mislaid, however caused. All entries will be deemed made by the Entrant submitted at the time of entry. Further, 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, or other materials in connection with the Contest. Any attempted submissions or entries in connection with the Contest that are lost, late, misdirected, incorrect, garbled, 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. To be considered for the Contest, entries must be: (i) complete (as determined by Hello Sunshine); (ii) received on or before the Contest deadline (“Deadline”); and (iii) in English (unless otherwise specified). Any submission not meeting the aforementioned criteria will be disqualified. By entering, Entrants agree to receive phone calls, texts, and direct messages from Hello Sunshine regarding this Hello Sunshine Contest.
5. WINNER SELECTION PROCESS: Giveaway winners will be selected randomly accordance with these Official Rules (these “Rules”). Winner(s) of random email Contests will be chosen at random from emails received. Entries selected from any “best of” Contests will be judged entirely at the discretion of Hello Sunshine.
6. DETERMINATION OF WINNERS. The final determination of the Winner(s) shall be in the sole and absolute discretion of Hello Sunshine. Contest results are final and binding. No correspondence will be entered into with regard to any decisions hereunder. Hello Sunshine reserves the right, in its sole discretion, to extend the Contest Period or to not select any Contest Winner(s). Hello Sunshine reserves the right to delay the announcement of any Contest Winners 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 relating to the Contest, selection, or awarding process. Hello Sunshine reserves the right to select alternate Winners in the event that any potential Winner fails to comply with these Rules.
7. NOTIFICATION OF THE WINNERS: Becoming a winner is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. The potential winner(s) will be selected and notified via direct message on Instagram, at Hello Sunshine’s discretion. If a potential winner does not respond to the direct message attempt on Instagram via direct message on Instagram within twenty-four (24) hours from the first notification attempt, then such potential winner may be disqualified, and an alternate potential winner will be randomly selected from among all eligible entries received based on the selection Criteria described herein. Except where prohibited by law, the winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Hello Sunshine. If required, potential winners must return all such required documents via fax or email (or as otherwise instructed) within twenty-four (24) hours, or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the selection Criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Hello Sunshine are final and binding.
8. PRIZES: Winner(s) shall receive the prize specified in the Contest listing. Notwithstanding the foregoing, Hello Sunshine may substitute any prize in its sole discretion if necessary. There shall be no cash equivalent of prize. There shall be no prize transfer. Winner(s) shall be solely responsible for any and all federal, state and local taxes on the prize and any expenses not specified herein. Neither Hello Sunshine nor its employees may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession has been taken of the product by winner. Hello Sunshine is not liable for any loss arising out of or in connection with or resulting from any contest promoted by Hello Sunshine.
9. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Hello Sunshine reserves the right to disqualify any Entrant from the Contest if, in Hello Sunshine’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants or Hello Sunshine employees. By entering, Entrant waives all rights to bring (and covenants not to bring) any claim against Hello Sunshine or any other entities or individuals associated with this Contest.
10. INTELLECTUAL PROPERTY RIGHTS: Entries will not be returned. Hello Sunshine retains all rights in the Hello Sunshine products and services and entry into this Contest will in no case serve to transfer any Hello Sunshine intellectual property rights to the Entrant.
12. PUBLICITY: As a condition of entering the Contest, except where prohibited by law, each Entrant and each Winner by accepting a prize grants to Hello Sunshine all right, title and interest in to publicize, broadcast, display and/or otherwise use the Contest Entrant’s name, city, state, and biographical material (collectively, “Licensed Rights”) in any media for advertising and publicity purposes, without additional review, compensation, or approval of the Winner, and the right to share, display, post, and/or re-post any Contest entry, including any photo entries on social media containing Entrant’s likeness, in any media, including on Hello Sunshine’s website or any owned, controlled, and/or affiliated social media pages. Hello Sunshine will contact Entrants in advance of any Hello Sunshine sponsored media request for interviews. Entrants further agree to release and hold harmless Hello Sunshine from any and all liability arising from their participation in the Contest, or Hello Sunshine’s use of any Entrant information. Entrant acknowledges and agrees that Hello Sunshine shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by Entrant, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that Entrant submits to Hello Sunshine.
13. INDEMNIFICATION. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless 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 attorney’s fees) arising out of or accruing from: (i) any misrepresentation made by Entrant in connection with the Contest; (ii) any non-compliance by Entrant with these Rules; (iii) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; and/or (iv) acceptance, possession, misuse, or use of any prize or participation in any Contest-related activity or participation in the Contest.
14. ELIMINATION AND DISQUALIFICATION: Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right, or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest. Hello Sunshine reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Hello Sunshine reserves the right to terminate that Entrant’s eligibility to participate in the Contest. Hello Sunshine further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, 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 Entrant to the fullest extent of the applicable law.
15. INTERNET AND DISCLAIMER: Hello Sunshine is not responsible for any malfunction of the entire Contest Site or Instagram or any other system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet, Instagram or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital, or satellite malfunctions which may limit Entrant’s/consumer’s ability to participate/vote respectively. Hello Sunshine is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Hello Sunshine’s failure to enforce any term of these Rules will not constitute a waiver of that or any other provision.
16. RIGHT TO CANCEL OR MODIFY: If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Hello Sunshine reserves the right at its sole discretion to cancel, terminate, or suspend the Contest at any time. Hello Sunshine reserves the right to alter these Rule, or the rules of any Contest at any time and for any reason.
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Hello Sunshine, or the Contest Entities. Entrants acknowledge that they submitted their Entry voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Hello Sunshine or the Contest Entities and that no such relationship is established by Entrant’s submission of an Entry under these Rules.
18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
19. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Hello Sunshine of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding confidential arbitration under its streamlined rules then in effect in the Los Angeles, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.