Lift As We Climb Grant Initiative Promotion Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING A PRIZE. ENTRY OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, WHICHEVER IS GREATER. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND LIFT AS WE CLIMB ("SPONSOR") THAT GOVERN ENTRY INTO THE PROMOTION. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES ("SPONSOR") FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. FAILURE TO COMPLY WITH THESE OFFICIAL RULES WILL VOID YOUR ENTRY. PARTICIPATION IN THE PROMOTION IMPLIES AUTOMATIC ACCEPTANCE BY THE ENTRANT (DEFINED BELOW) OF THESE OFFICIAL RULES.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- PROMOTION ENTRY PERIOD: The Promotion begins at 6:00 AM Pacific Time ("PT") on Wednesday, March 8, 2023 and ends at 11:59:59 PM PT on Wednesday, April 19, 2023 (the "Promotion Period").
- ELIGIBILITY: The Promotion is open to only legal residents of the 50 United States and the District of Columbia, who, at the time of entry, are:
- age 18 or older (or the age of majority in his/her state of residence, whichever is greater);
- a Black female-identifying person; and
- the owner of a US-based small business in the skincare, hair accessories (including tools), or fashion categories that is: (a) at least 51% owned by a Black female-identifying person, or (b) led by a Black female-identifying person who has the role of Chief Executive Officer (if either (a) or (b) are met, then the business shall be referred to as a "Company"), with said Company having an existing product, brand, or technology that meets a need within the categories of skincare, hair accessories, or fashion that: (a) deliver positive results for Black consumers and (b) can be scaled for wider distribution (a "Product" – subject to the requirements below) (each, an "Entrant").
Product must (i) already exist and cannot be in the ideation or development phase; (ii) not already be in distribution at a major retailer or in mass production, as determined by Sponsor in its sole discretion (i.e., not manufactured or produced in large quantities for distribution via retail and/or online stores); and (iii) be available for commercialization within 6-18 months of the start of the Promotion Period (i.e., must be past the ideation phase and with a fully developed Product with customers or ready for customers). This Promotion is void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Sponsor, Flawless Distribution Company, LP or its subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children and siblings and their respective spouses) of, and those living in the same household of, each, whether or not related, are not eligible to enter the Promotion. Promotion is subject to all applicable federal, state, and local laws and regulations.
By participating in the Promotion, Entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion.
HOW TO ENTER: During the Promotion Period, Entrants must visit https://flawlesscurls.com/pages/lift-as-we-climb (the "Promotion Website") and complete the entry form in its entirety and upload the required materials, including providing:
- Entrant’s complete and accurate contact information where required, including e-mail address;
- Entrant’s Company’s information (including entity name, state of incorporation, and mailing address);
- a photograph of Entrant, uploaded to the Promotion Website (a "Photo");
- a video created by Entrant that is at least 60 seconds but not exceeding 120 seconds in length where Entrant describe themself, the Company, and the Product, uploaded to the Promotion Website (a "Video"); and
- a short, original essay that is one (1) page in length authored by Entrant providing insight into the Company’s brand, purpose, and point of difference, and how the Company plans to use the Grand Prize if they won (an "Essay"), uploaded to the Promotion Website;
- a brand deck created by Entrant that is two (2) pages in length that mentions Company’s existing website and social media presence (“Brand Deck”), uploaded to the Promotion Website;
- an executive summary created by Entrant that is one (1) page in length (“Executive Summary”), uploaded to the Promotion Website; and
- product overview created by Entrant that is one (1) page in length (“Product Overview”), uploaded to the Promotion Website
(collectively, the "Entry," upon Entrant’s submission of the entry form and required materials as instructed and in compliance with these Official Rules, including the ENTRY REQUIREMENTS & CONDITIONS below).
Each Entry must include an original Company, Essay, Photo, Video, Brand Deck, Executive Summary, and Product Overview. Multiple Entries from any Company will be void.
BY SUBMITTING AN ENTRY, ENTRANTS WARRANT THAT NO INFORMATION PROVIDED AS PART OF THE ENTRY IS OR CAN BE DEEMED CONFIDENTIAL OR PROPRIETARY, CONSIDERED A TRADE SECRET OR PRIVILEGED.
Each Entrant understands and acknowledges that: (i) Sponsor has wide access to ideas, designs, protocols, methodologies, and other materials (collectively, "Concepts"), and those other Concepts at large are constantly being independently submitted to it or being independently developed by Sponsor’s own employees; (ii) many Concepts may be competitive with, similar to, or identical to content in the Entrant's Product; and (iii) Entrant will not be entitled to any compensation as a result of Sponsor's use in Concepts of any material of Concepts similar to or identical with Entrant's Product that has or may come to Sponsor from sources other than Entrant. Except where prohibited by law, each Entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection by any such Concepts of the Entrant's copyright, patent, or other intellectual property right in and to the Product. Finally, each Entrant acknowledges that, to the maximum extent permitted by law, with respect to any claim by Entrant relating to or arising out of any of Sponsor's use of independent Concepts similar or identical to the Product submitted by such Entrant in connection with the Promotion, the damage, if any, thereby caused to the applicable claiming Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt this Promotion or the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Product, and, to the extent permitted by applicable law, Entrant's rights and remedies in any such event shall be strictly limited to the right to recover in an action at law out-of-pocket costs (if any) associated with entering the Promotion.
No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Promotion. None of the information submitted by the Entrant will be treated as trade secrets, confidential information, or as protected data.
There is a limit of one (1) Entry per Entrant and per Company. All Entries must be received during the Promotion Period. All Entries become the property of the Sponsor and will not be acknowledged or returned.
Once an Entry is submitted, it cannot be modified by an Entrant. Released Parties, as defined below, are not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete Entries will be accepted.
- ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:
- Entrant should be the primary subject and sole owner of the Photo and Video. No other individuals may appear in the Photo or Video, without express, written permission from such individuals. If Photo/Video features a minor under the age of majority in their state of residence, Entrant must obtain written permission from the minor's legal guardian.
- Photos/Videos must conform to the format and size requirements and limitations of the Promotion Website. The maximum Photo file size is 10MB. The maximum Video file size is 10MB and must not exceed 120 seconds in length.
- Entry cannot contain content that is irrelevant to the purpose of the Promotion.
- Each submitted Essay and Photo/Video must be original and not violate the rights of any third party.
- No duplicate Essays, Photos or Videos or substantially similar Essays, Photos or Videos, as determined by the Sponsor's in its sole discretion, may be submitted.
- By submitting a Photo or Video taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo or Video from the photographer and/or videographer and shall provide evidence of same if and when requested.
- Entry cannot be profane, pornographic, sexually explicit, or suggestive or contain nudity.
- Entry cannot be violent or promote firearms/weapons.
- Entry cannot contain or promote alcohol, illegal drugs, or tobacco.
- Entry cannot defame, misrepresent, or contain disparaging remarks about people, brands, products, or companies.
- Entry cannot contain content that defaces or depicts any person, brand, product, or company in a negative or inappropriate manner.
- Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
- Entry cannot reference or contain materials embodying copyrighted images, names, likenesses, or other indicia identifying any brand, products, company, or person, living or dead, without permission.
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Entry cannot depict illegal activity and cannot itself be in violation of any law.
- Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
By submitting an Entry, the Entrant understands and grants to the Sponsor, and its respective designees, assigns, and licensees (collectively, "Licensed Parties") an irrevocable, perpetual, non-exclusive worldwide license to use their Entry (including, but not limited to, the Essay, Photo, and Video embodied herein), name, recordings, voice, performance, hometown, likeness and statements on the Sponsor's and Sponsor’s designee’s various websites and social media sites and in advertising and/or promotional activities worldwide in any and all media now or hereafter devised, without compensation, permission or notification, except where prohibited by law. Licensed Parties reserve the right in their sole and absolute discretion to alter, change or modify any Entry, which includes the Essay, Photo or Video, as it sees fit, without approval from or notification to such Entrant. Entries must be truthful and verifiable, and Sponsor reserves the right to verify information contained in the Entry. Released Parties (as defined below) are not responsible for any invalid or incorrect information provided by an entrant.
By submitting an Entry, Entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Photo and Video; (c) Entrant owns all rights to the Product and the Entry (including, but not limited to, the Essay, Photo and Video embodied therein), including without limitation, copyrights, and has received prior written permission from a third party if any Photo/Video was photographed/recorded by someone other than the Entrant herself; and (d) Entrant will indemnify and hold harmless the Released Parties from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of her representations and warranties herein, the Entry, or Entrant's conduct in creating the Entry, the acceptance or use of any prize, or otherwise in connection with this Promotion.
ENTRIES POSTED TO THE PROMOTION WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
JUDGING AND FINALIST DETERMINATION: All eligible Entries received during the Promotion Period will be judged by a panel appointed by the Sponsor who shall use the criteria set forth below to determine each Entry's total judging score (the "Judging Score"):
- Product/Brand or Technology Overall (40%), based on the following criteria:
- Addresses skincare, hair accessories or fashion need(s) of Black consumers
- Product/Brand or Technology Overall (40%), based on the following criteria:
- Presentation/Pitch Effectiveness (30%), based on the following criteria:
- Strategy/Business Plan (30%)
The eligible Entries will be divided into three (3) categories based on the type of the Entrant’s Product:
- Category #1: skincare
- Category #2: hair accessories (including tools)
- Category #3: fashion
(each, a “Category”).
So long as there is a minimum of five (5) Entries per Category, the two (2) Entries in each Category that receive the highest Judging Score based on the judging criteria will each be deemed a potential finalist (each, a "Finalist"). If one Category has less than five (5) Entries, then Sponsor in its sole discretion may select an Entry from the two other Categories to be a Finalist based on their higher Judging Score (i.e., there is no guarantee that there will be two finalists per Category). There will be six (6) Finalists in total, subject to the below. In the unlikely event of a tie in a Category, the tied Entry with the highest score in Criterion A, "Product/Brand, or Technology Overall", will be deemed the potential Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential Finalist from among the tied Entries in that Category, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential Finalist. In the event additional tiebreakers are needed, all tied Entries in that Category will be judged by a separate panel of judges using the judging criteria above. At the same time as Finalist determination, the Entries that received the next two-highest Judging Scores will be notified of their status as an alternate in the event a Finalist is not able to participate in the Pitch Event (described below) and there is sufficient time, as determined by Sponsor in its sole discretion, for such alternate to be able to participate in the Pitch Event. Fewer than five (5) Finalists may continue on to the Pitch Event without liability to the Sponsor or its designees of any kind, at Sponsor's election. Sponsor reserves the right to not provide all prizes if it does not receive a sufficient number of eligible and qualified Entries or Finalists.
- FINALIST NOTIFICATION AND VERIFICATION: Potential Finalists will be contacted by Sponsor by email or phone on/around May 3, 2023, and may be required by Sponsor to sign and return, within two (2) business days of notification, an "), an IRS W-9 Form, proof of their ownership of the Company to Sponsor's satisfaction, a confidentiality agreement agreeing to keep the results of the Pitch Event confidential until the public announcement and any other paperwork as required by Sponsor. Noncompliance will result in disqualification and an alternate Finalist may be notified.
Noncompliance will result in disqualification and the Entrant with the next highest Judging Score will be deemed a potential Finalist.
Potential Finalists may also be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity will not bring Sponsor and their respective affiliated entities into public disrepute, contempt, scandal, or ridicule or reflect unfavorably on the Promotion or Sponsor as determined by the parties in their sole discretion. Sponsor reserves the right to disqualify a potential Finalist on the basis of the findings resulting from such background check or if a potential Finalist fails to properly authorize and/or provide the required information in connection with such background check.
- PITCH EVENT: The Finalists will attend a virtual pitch competition (the "Pitch Event") to present their Company and Product to a panel of judges comprised of representatives from Sponsor (the "Pitch Judges"). Pitch Event will be recorded and consist of 10-minute maximum presentation by each of the Finalists and a 10-minute Q&A session with the Pitch Judges to take place on or around. All Finalists must be available on the dates/times specified by Sponsor. Dates are subject to change. Sponsor will provide each Finalist with a description of the program, Pitch Event requirements and timing upon each Finalist being verified in accordance with the requirements set forth herein.
- DETERMINATION AND ANNOUNCEMENT OF THREE (3) PRIZE WINNERS: Finalists will participate in the Pitch Event and their presentation will be judged by the Pitch Judges, who shall use the criteria set forth below to determine each Finalist's total judging score (the "Pitch Score"):
- Product/Brand or Technology Overall (40%), based on the following criteria:
- Addresses skincare, hair accessories or fashion need(s) of Black consumers
- Presentation/Pitch Effectiveness (30%), based on the following criteria:
- Strategy/Business Plan (30%)
So long as there are two Finalists per Category, in each Category, the Finalist that receives the highest Pitch Score based on the judging criteria will be deemed the potential Grand Prize winner. If there are less than two Finalists in any Category, Sponsor in its sole discretion may select a Grand Prize winner from the other Categories based on the highest Pitch Score. The Finalist that receives the second-highest Pitch Score based on the judging criteria in their Category will be deemed the potential “First Runner-Up” (unless there are less than two Finalists in any Category, in which case Sponsor in its sole discretion may select a First Runner-Up from the other Categories based on the second-highest Pitch Score). In the unlikely event of a tie between Finalists, the Finalist from among those tied with the highest score in Criterion A, "Product/Brand, or Technology Overall", will be deemed the potential winner of the prize at issue. If additional tie breakers are needed, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential winner for that prize. In the event additional tiebreakers are needed, all tied Finalists will be asked a series of additional questions by the Pitch Judges and scored using the same Pitch Event judging until the winner for that prize is determined. Sponsor reserves the right to not award all prizes if, in its sole discretion, there are not enough qualified Finalists and/or presentations to the Pitch Judges.
The winners must be available for an appearance at a celebratory event on or about June 4, 2023 (the “Appearance"). Such Appearance may be held virtually or live in-person at Sponsor's sole discretion. In the event the Appearance will be live, winners will be given the option to attend in-person and be provided a travel package as outlined in the Prizes section below (the "Travel Package"). A winner's failure to make a virtual, pre-recorded or live in-person Appearance will be considered noncompliant with the requirements set forth in these Official Rules and may result in disqualification. In such an event, the First Runner-Up will be deemed the potential winner of the applicable prize and must comply with all requirements set forth herein for accepting such prize.
- PRIZES/APPROXIMATE RETAIL VALUE ("ARV"): Prize money shall be awarded by check. The prize money component of the prizes will be awarded within approximately 45 days after public announcement of the winners (subject to winner’s compliance with these Official Rules).
Grand Prize: There are three (3) Grand Prizes available to be won. The Grand Prize consists of:
- $25,000.00 (Twenty-Five Thousand Dollars) awarded to the winner.
Travel Package (not guaranteed):In the event the Appearance will be in-person, winners will be offered the Travel Package. Each Travel Package is a trip for one (1) person, namely, the winner, that includes the following:
- Round-trip, coach-class direct air-transportation for winner on Sponsor’s preferred airline to Los Angeles, CA from a major airport within the 48 contiguous US nearest the winner's permanent place of residence as determined by Sponsor;
- Two (2) nights' standard hotel accommodations based on single room/double occupancy;
- Portal-to-portal round-trip ground transfers in Los Angeles using Sponsor’s preferred car service to/from destination airport and hotel.
- The ARV of each Grand Prize including the Travel Package: $27,000.00. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Travel Package will not be awarded. If Sponsor elects to execute or any winner chooses to participate in the Appearance virtually, the Travel Package and/or its value will not be awarded to the winner(s).
(each, a “Grand Prize”; collectively; the “Prizes”).
The total maximum ARV of all prizes available to be awarded: $81,000.00 USD
- TRAVEL PACKAGE CONDITIONS: All travel related expenses, including but not limited to, ground transportation to and from winner’s permanent place of residence, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage, and personal expenses are the sole responsibility of winner. Any person that participates in the trip that is not deemed to be a winner must pay their own expenses. In the event that it is required by state jurisdictions, local laws or airlines carrier, winner must have valid photo ID and CDC issued COVID-19 Vaccination Record Card (if required) and any other required documentation prior to departure. Prize must be used on dates and times specified or prize will be forfeited. Dates are subject to change. Travel is subject to availability. Travel arrangements must be made through an agent of Sponsor and on an airline carrier of Sponsor’s choice.
Sponsor will, in its sole discretion, determine which airport is closest to the winner's permanent residence. In the event air transportation is deemed by Sponsor in its sole discretion to be unnecessary given the winner's proximity to Los Angeles, CA, Sponsor reserves the right to substitute round-trip ground transportation to/from the winner's residence in lieu of air transportation and no compensation or substitution will be provided for difference in prize value (if any). The winner is responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain at their own expense, and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Winner’s photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Travel Package). Travel restrictions may apply. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner to redeem any portion of Travel Package during the scheduled date and time, then the Sponsor shall have no further obligation to the winner other than to supply the remaining elements of the prize package minus the unused portion of Travel Package. Sponsor shall not be responsible for any cancellations, delays, diversions, substitutions, or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the prize winner's transportation and such contracts shall be solely between the prize winner and such airline or other transportation companies. Trip components issued in connection with the Travel Package may not be eligible for frequent flyer miles, other rewards programs, or upgrades. If for any reason whatsoever, winner is unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner, except to award any remaining portion of prize unrelated to the Travel Package, subject to any other conditions imposed on winner(s) and set forth in these Official Rules. Winner is responsible for obtaining the proper travel documentation (e.g., valid photo ID and/or passport with a minimum validity 6 months after the date of return, and a CDC-issued COVID-19 Vaccination Record Card (if required)) prior to travel.
Winners fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, "COVID-19") is extremely contagious, and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present, and you may be required to be vaccinated to participate in the event based on local requirements; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the "Protocols"), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
In the event a winner engages in behavior that, as determined by the Sponsor in either of their sole discretion, is obnoxious or threatening, illegal, that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor's services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner home with no further obligation or compensation whatsoever to winner. In the event a winner engages in behavior during travel that, as determined by Sponsor in either of their sole discretion, is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct and will result in the forfeiture of any and all prize awards. TO THE FULLEST EXTENT PERMITTED UNDER LAW, SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF TRAVEL PACKAGE WINNER'S ACCEPTANCE OR USE OF THE PRIZE.
- GENERAL PRIZE CONDITIONS: Non-cash portions of prizes are not redeemable for cash. Prizes are not assignable, substitutable, or transferable. No substitution is permitted by winners. If prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value.
Winners are responsible for all federal, state, local and income taxes as well as any other costs and expenses associated with winning a prize not specified herein as being provided. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Limit one (1) prize per Company. All prize details are at Sponsor's sole discretion.
- PUBLICITY GRANT: Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, Company and Product name, prize won, Entry, hometown, likeness, video recording(s), photographs, and statements for purposes of advertising, promotion, and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification, or permission.
- GENERAL: Entrants agree to these Official Rules and the decisions of the Sponsor, and release and hold Sponsor, and its parents, subsidiaries, affiliated companies, and all other businesses involved in the Promotion, as well as the employees, officers, directors, and agents of each (collectively, the "Released Parties"), from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the prize offered (including any travel or activity related thereto). Entrants waive all rights to claim punitive, incidental, and consequential damages.
Although subsequent attempts to submit an Entry may be received, only the first complete Entry received from a particular Entrant and/or Company will be eligible; subsequent attempts by the same person or Company to enter, including Entries submitted with an alternate email address or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant and such Entrant must comply with these Official Rules. Authorized Account Holder means the natural person to whom the email address is registered. Any Entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged, delayed, stolen, garbled, incomplete, inaccurate, or illegible Entries, email, mail or other communications of any kind; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person's computer or other device related to or resulting from participating in the Promotion.
To the fullest extent permitted under law, Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, or any factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. If, for any reason, the Promotion cannot be run as planned, Sponsor may disqualify any suspect Entries or individuals from the Promotion and any contest it sponsors and (a) suspend the Promotion and modify the Promotion to address the impairment (to the fullest extent permitted under law), then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prizes from among the eligible, non-suspect Entries received up to the time of the impairment using the winner determination procedure set forth above and/or as otherwise deemed fair and appropriate by Sponsor.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS PROMOTION CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, COMMUNICABLE DISEASES, STATE EMERGENCY ACTIONS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Promotion. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto. As a condition of entering the Promotion, without limiting any other provision in these Official Rules, each Entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules. Such third parties may use your information for their own independent purposes in accordance with their own independent privacy practices.
- LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER, OR VANDALIZE SPONSOR’S WEBSITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants (including winners), Sponsor, or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
In case any one or more of the provisions contained in these Official Rules shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Official Rules, but these Official Rules shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify these Official Rules so as to effect the original intent of these Official Rules as closely as possible so that the terms, representations, warranties, and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.
- DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, NY and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator's decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding and confidential arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York County, NY. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in New York County, NY. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- PRIVACY: As a condition of entering the Promotion, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address, and other information to third parties, for the purpose of administering this Promotion and to comply with applicable laws, regulations, and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list. Personal information collected from entrants is subject to these Official Rules.
- OFFICIAL RULES AND WINNERS LIST REQUEST: To request a copy of the Official Rules or a winners’ list, send a hand-written request and a self-addressed, stamped envelope (Washington and Vermont state residents may omit stamp on self-addressed envelope) within six (6) months after the close of the Promotion Period to: Lift as We Climb Grant Initiative, 1122 Kenilworth Drive #201, Towson, MD 21204.
- SPONSOR: Lift as We Climb (a Maryland Charitable Trust), 1122 Kenilworth Drive #201, Towson, MD 21204.
Void outside the United States, in Puerto Rico, the Virgin Islands, Guam and wherever else prohibited by law.
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.
Lift As We Climb
Lift As We Climb is a project of Players Philanthropy Fund (Federal Tax ID: 27-6601178), a Maryland charitable trust with federal tax-exempt status as a public charity under Section 501(c)(3) of the Internal Revenue Code. Contributions to Lift As We Climb are tax-deductible to the fullest extent of the law.