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BIGGEST LUMĒ FAN CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The Lumē User Generated Content Contest (the “Contest”) is sponsored by Lumē Deodorant, LLC, having an address of 75 Varick Street, 9th Floor, New York, New York 10013 (“Sponsor”).
ELIGIBILITY:
Subject to these Official Rules, the Contest is open only to permanent legal U.S. residents physically residing in the fifty (50) United States of America and the District ofColumbia, who are at least 18 years old as of the date of entry. Employees of Sponsor and its parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest.THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW, INCLUDING BUT NOT LIMITED TO JURISDICTIONS WITH LAWS THAT WOULD REQUIRE REGISTRATION, DISCLOSURE, FILING, TRUST ACCOUNT, OR POSTING OF A BOND, OR ANY OTHER REQUIREMENTS, THAT ARE NOT SATISFIED BY THESE TERMS AND CONDITIONS. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
ENTRY PERIOD:
The Contest begins on May 1, 2022 and ends on May 25, 2022 (the “Entry Period”).
HOW TO ENTER:
No purchase or payment is necessary to participate in the Contest. During the Entry Period, enter the Contest through visiting biggestlumefan.com and submitting a video (a “Video Entry”) that meets the following requirements.
Qualifying Video Entries must meetall of the below criteria:
Tips for recording video on your cell phone:
Limit one Video Entry per person. Multiple entrants that submit the same content, or multiple Video Entries by the same person, will be disqualified. Any late, lost, misdirected, incorrect or incomplete Video Entries will be disqualified and Sponsor and its agents will not be responsible for such Video Entries.
Video Entries will be submitted to and hosted on Hippovideo.io (“Hippo Video”). Video Entries selected as Contest winners by Sponsor (as set forth below) may be further hosted on Sponsor’s and third party websites and paid and organic social media accounts. By submitting a Video Entry, you agree that your Video Entry and any other information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with these Official Rules, Sponsor’s Terms of Service (https://lumedeodorant.com/pages/terms-of-service) and Privacy Policy (https://lumedeodorant.com/pages/privacy-policy) and Hippo Video’s Terms of Service (https://www.hippovideo.io/terms_of_service.html) and Privacy Policy (https://www.hippovideo.io/privacy_policy.html), and may be shared with Sponsor’s affiliated business entities. All information submitted to Sponsor as part of a Video Entry or provided to Sponsor in connection with submission of a Video Entry becomes the property of the Sponsor upon such submission or provision of information.
By submitting a Video Entry, you represent and warrant that: the Video Entry is your original creation; the Video Entry was not copied (in whole or in part) from any other work; you have obtained and can provide to Sponsor upon request a binding written release from (and signed by) every other person or copyright holder who (or whose work is) shown in the Video Entry, as necessary to grant Sponsor the rights provided herein; the Video Entry does not infringe or violate any copyright right, trademark right, publicity right, privacy right or other proprietary right of any person or entity (including without limitation, any property owner); the Video Entry does not violate Sponsor’s or Hippo Video’s respective terms of service; and Sponsor will not be obligated to pay any compensation to, or permit any participation by, any third party in connection with the use, publication, distribution or exploitation of any Video Entry.
Qualification is at Sponsor’s sole discretion. Sponsor expressly reserves the right to disqualify any Video Entries that it believes in good faith are generated by an automated means or scripts. Video Entries generated by script, macro or other automated means are void.
PRIZES:
Participants who submit winning Video Entries will receive five (5) Sponsor products, to be selected by Sponsor, from each of Sponsor’s deodorant, body care and laundry product categories (the “Prize”). Please allow seven (7) to ten (10) business days for delivery of the Prize.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any prizes other than the Prize specified in these Official Rules. The Prize is non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges. To receive a complete list of winners or a copy of these Official Rules, within six (6) months after the end of the Entry Period, send a self-addressed stamped envelope to:
Lume Deodorant LLC
299 S Main St
Suite 1300, PMB 95814
Salt Lake City, UT 84111
PRIZE SELECTION:
All qualifying Video Entries will be reviewed by a panel of Sponsor’s employees (the “Judges”). Within fourteen (14) days following expiration of the Contest, the Judges will select up to five (5) winning Video Entries on the basis of the criteria set forth in these Official Rules and general standards of quality, message resonance and creativity. The Judges’ selection of winners is final and binding.
The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. Winners will be notified by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification. Winners must claim their Prize within one (1) week after the date of notification of such Prize. A Contest winner's failure to respond to the Prize notification within the specified time limit will be considered such Contest winner's forfeiture of the Prize and an alternate winner may (or may not) be selected from the pool of eligible Video Entries. If any Video Entry is found to be ineligible after being selected as a winner, an alternate winner may (or may not) also be selected from the pool of eligible Video Entries.
GENERAL CONDITIONS AND RELEASES:
By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize or an alternate winner will be selected. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, by submitting a Video Entry you grant to Sponsor and itsrespective successors, assigns and licensees, the right to use your name, likeness, image, voice, appearance and performancein all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list). This grant includes without limitation the right to edit, mix or duplicate, and to use or re-use the Video Entry (including all content and intellectual property therein) in whole or in part as Sponsor may elect. Sponsor shall have complete ownership of the Video Entry, including all content and intellectual property therein. You acknowledge and confirm that upon entering the Contest you have no interest or ownership in the Video Entry, or any content or intellectual property therein. You also grant to Sponsor and its respective successors, assigns and licensees the right to broadcast, exhibit, market, sell and otherwise distribute the Video Entry, including all content and intellectual property therein, either in whole or in part, in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions. For the avoidance of doubt, this grant includes the right to use such Video Entry to promote or publicize Sponsor’s products via video, audio, print, or other media, including, without limitation, on all digital platforms, websites and organic and paid social media. You acknowledge and agree that regardless of whether your Video Entry is selected as a winner or not, the grants and releases set forth in this paragraph are binding upon you, your heirs, and your assigns, and are irrevocable, effective worldwide and perpetual.
An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with a Video Entry; (2) Video Entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading any application or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
You acknowledge and agree that the Contest is in no way sponsored, endorsed or administered by, or associated with Hippo Video. By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, Hippo Video and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect. This Contest shall be governed by New York law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in New York, New York, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
