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Privacy & Legal

b8ta Holiday Gifting Spree Campaign Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES IS OFFERED ONLY IN CERTAIN STATES WITHIN THE UNITED STATES. MANY WILL ENTER, ONE WILL WIN.

OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 48 CONTIGUOUS CONTINENTAL UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.

VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

SPONSOR: b8ta, inc. – 121 2nd Street, Suite 600, San Francisco, CA 94105

1. Eligibility
The b8ta Holiday Gifting Spree campaign, including the Grand Prize drawing, (collectively, the “Sweepstakes”) is open only to individuals who are (a) eighteen (18) years of age or older at the time of entry and (b) legal residents of the 48 contiguous continental United States or the District of Columbia. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of b8ta, inc. (“Sponsors”) and its parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Sweepstakes and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each.

By participating in this Sweepstakes, you fully and unconditionally agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsors in all matters relating to the Sweepstakes. Winning is contingent upon, among other things set forth in these Official Rules, fulfilling all requirements in the Official Rules.

2. Sweepstakes Period and Eastern Standard Time Zone
The Sweepstakes includes one (1) Grand Prize drawing.

All times are Eastern Standard Time (“EST”), unless otherwise stated.

The entry period for the Grand Prize commences on November 29, 2019 at 8:00:00 a.m. EST and ends on December 10th, 2019 at 11:59:59 p.m. EST (“Sweepstakes Entry Period”). All Grand Prize entries must be received by December 10th, 2019 at 11:59:59 p.m. EST.

Sponsors’ computer is the official time-keeping device for the Sweepstakes.

In addition to the Grand Prize Sweepstakes, local giveaways may occur at Sponsor’s stores during the Sweepstakes Entry Period and will be subject to these Official Rules as well as those posted in local Sponsor’s stores. In the event of a conflict between these Official Rules and a store’s local rules, these Official Rules will govern, unless preempted or prohibited by a local ordinance or regulation.

3. How to Enter
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT, PROOF OF PURCHASE OR ANY CONSIDERATION OF ANY KIND IS NECESSARY TO PARTICIPATE.

Grand Prize

Each of the following receives one (1) entry into the drawing for the Grand Prize:

1. Provide your email address to b8ta at mailchi.mp/b8ta/holidayspree and consent to receive occasional marketing emails from b8ta. If you are already subscribed to b8ta’s email marketing list, you will need to provide your email address again in order to receive an entry into the Grand Prize drawing, but you will not receive duplicative b8ta marketing emails to the same email address. Each email address provided via this method receives one (1) entry into the Grand Prize drawing.

2. Comment on one (1) of the three (3) b8ta Holiday Gifting Spree designated prize posts on @b8ta’s Instagram feed and tag one (1) or more friends. One entry (1) per post, per day, per user for a total of up to three (3) entries on Instagram. Adding multiple comments to the same post will not get you multiple entries. To enter, you must follow or be following b8ta’s Instagram account during the Sweepstakes Entry Period and have your profile set to “Public.”

Limit one (1) entry per email address submitted, and limit one (1) comment entry per eligible b8ta Instagram post, per Instagram user. Limit four (4) entries total, per person.

Compliance with the entry requirements will be determined by Sponsors in their sole discretion. Submissions that violate these entry requirements, as determined by the Sponsors in their sole discretion, or do not meet the submission deadlines will be disqualified from the Sweepstakes.

All terms and conditions of Instagram apply. You must be the rightful owner of the Instagram account used to enter the Sweepstakes. Multiple entrants are not permitted to share the same accounts. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the natural person who is the “authorized account holder” assigned to the account in question. It is your sole responsibility to notify the Sponsor in writing if you change your account(s).

If Sponsor, in its sole discretion, determines that an entry is invalid, Sponsor may select an alternate winner.

By submitting an entry, you represent and warrant that (a) you are the creator of the entry, (b) the entry is wholly original, (c) the entry does not infringe the privacy or publicity rights or any other legal or moral rights of any third party, (d) the entry has not previously been entered in any other contest, (e) the entry has not been previously published in any medium, (f) you own all rights to your entry, (g) your entry is not violent, derogatory, obscene or offensive (as determined by Sponsor in its sole discretion); (h) your entry does not invade the publicity or privacy rights, defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (i) your entry does not infringe any third party’s intellectual property or privacy rights, or contain any personal identification, such as license plate numbers, e-mail addresses or street addresses; (j) your entry does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without such person’s explicit advance permission; (k) your entry must not inaccurately tag content or encourage users to inaccurately tag content; and (l) your entry is not in violation of any law. Sponsor's determination as to whether any entry violates the above is final and in Sponsor’s sole discretion. Entries that do not include all required information and do not adhere to the foregoing and following requirements will be considered void.

You further represent and warrant that you have obtained written permission from each person whose name, image or likeness (“Likeness”) is included in the entry, that such person(s) have granted you all necessary rights to use the Likeness as described in these Official Rules, and that you can and will give written copies of such permissions to the Sponsor upon request. If your entry includes the Likeness of a person who is under the age of 18 or under the age of majority in his/her jurisdiction of residence, whichever is greater (a “Minor”), such grant of rights must include written permission from the Minor’s parent or legal guardian, authorizing the use of the Minor’s Likeness on behalf of the Minor. Further, if the submitted photo was taken by anyone other than you, you represent and warrant that such person(s) have granted you all rights to the photo, and that you can and will give written copies of such permissions to the Sponsor upon request. Once submitted, an entry may not be changed, altered, modified or deleted. By submitting an entry, you grant Sponsor and its affiliated companies, and their agents, licensees and assigns the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, royalty, or approval from you or any other party. You agree that, upon request by the Sponsor, you will sign copyright assignments as necessary to assign any and all rights to the photo to Sponsor. By submitting an entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Releasees (as defined below), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that Sponsor, its affiliated companies, and their agents, licensees and assigns is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor or any other Releasees. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor or any other Releasees. Entries will be reviewed by Sponsor for compliance with the entry parameters set forth, and if accepted, may be reposted by Sponsor. Sponsor reserves the right in its sole discretion to decide if any entry is appropriate for posting or publication and may disqualify any entry at any time in the event it is determined, in the Sponsor’s sole discretion that the entry is not appropriate, or, that the contestant has not complied with these Official Rules.

NOTE: Normal Internet access and usage charges imposed by your online service will apply. If you post updates to or receive updates from your wireless phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating in the Sweepstakes via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information.

Alternate Methods of Entry:

To receive an entry to win the Sweepstakes Grand Prize without following b8ta’s Instagram account or without providing an email address to subscribe to b8ta marketing emails, send an email to AMOE@b8ta.com with your full legal name and preferred contact information, either email address or telephone number. Your email must be received during the applicable Grand Prize Entry Period as described herein. Limit one (1) entry per person, per e-mail address.

Personally identifiable information provided pursuant to this “Alternate Method of Entry” section, including email address, phone number and legal name, will be used only to select and contact winning entries in the Sweepstakes and to comply with legal and administrative requirements thereof, and will not be used or retained for marketing purposes.

4. Winner Selection and Notification
On or about December 15, 2019, one (1) Grand Prize winner will be randomly selected from all eligible entries received during the Sweepstakes Entry Period. By December 20, 2019, Sponsors will notify the Grand Prize winner via the email address used to enter the Sweepstakes or by direct message to the Instagram account used to enter the Sweepstakes.

5. Sweepstakes Prizes and Prize Claims
Grand Prize Drawing

The Grand Prize winner will receive a $1000 b8ta gift card redeemable in b8ta stores and online at b8ta.com.

THE PRIZES ARE PROVIDED “AS IS” AND CARRY NO WARRANTY WHATSOEVER. SPONSORS HAVE NEITHER MADE NOR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING BUT NOT LIMITED TO THEIR QUALITY OR MECHANICAL CONDITIONS. SPONSORS HEREBY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE, AND NONINFRINGEMENT.

Odds of winning depend upon number of entries received. The winners are subject to verification, including verification of age and residency. The prizes are non-transferable and no prize substitution is permitted, except at the sole discretion of the Sponsors. If a prize cannot be awarded for any reason, Sponsors reserve the right in their sole discretion to substitute a prize with one of comparable or greater value.

The winners are solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.

As a condition of receiving a prize, the winner must sign and return any documents requested by Sponsors, including but not limited to, an affidavit of eligibility and publicity/liability release. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in the prize. The winner will be issued an IRS Form 1099 in the amount of the actual retail value of the prize and must provide Sponsors with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes prior to being awarded the prize.

Within one (1) week of receipt of notification regarding prize winning, the winner must provide the winner’s full name and valid mailing address to Sponsors so that Sponsors can mail the prize to the winner. Sponsors will pay for the cost of mailing the prize to the winner, if any. The method of shipping and the carrier will be determined in the sole discretion of Sponsors. If the winner: (a) is determined to be ineligible; (b) fails to respond to the initial message regarding prize winning within one (1) week of notification or after three (3) attempts (whichever occurs first); (c) fails to provide the winner’s full name and valid mailing address within one (1) week of receipt of notification regarding prize winning; or (d) fails to sign and return all requested documents by the specified return date; the winner forfeits the prize in its entirety and an alternate winner will be announced based upon a random drawing of the other eligible entries received during the Entry Period.

6. Publicity
By submitting an entry, you grant to Sponsor and its affiliated companies and agents, licensees and assigns, the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, entry (including the submitted photo) and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry (including the submitted photo).

7. Release and Limitations of Liability
By participating in the Sweepstakes, you agree to release and hold harmless the Sponsor, Instagram, their respective parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, and any other entities affiliated with the administration of the Sweepstakes, together with the respective officers, directors, employees, and agents of each (collectively, the "Releasees") from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Sweepstakes; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) changes to Instagram policies and procedures that may interfere with the operation of the Sweepstakes; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or receipt of any prize; (g) if a winner, the use of name and/or photograph for advertising and publicity purposes without compensation (unless prohibited by law) and you further agree to execute specific consents to such use if asked to do so, and to the announcement of his or her name, city and state; and/or (h) any representation, warranty or guaranty, in whole or in part, in law or in fact, that the Releasees may have made relative to the prize or otherwise. You further agree that in any cause of action, the Releasees’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Releasees be liable for attorney’s fees. YOU WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY SWEEPSTAKES-RELATED WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Indemnification
You agree to indemnify and hold the Releasees harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Releasees due to or arising out of your participation, or your conduct in creating an entry or otherwise in connection with the Sweepstakes, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.

9. LEGAL WARNING
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Sponsors’ Reservation of Rights
If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to a force majeure event or 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 Sweepstakes, Sponsors reserve the right, at their sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsors reserve the right to randomly draw an alternate winner from all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, your sole remedy shall be another entry into the Sweepstakes.

11. Governing Law and Jurisdiction
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in San Francisco County, California and the federal courts located in the Northern District of California for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

12. Privacy
Any personally identifiable information collected during your participation in the Sweepstakes will be collected and used by Sponsors and its designees (i) for the proper administration and fulfillment of the Sweepstakes and as otherwise described in these Official Rules and (ii) to send you newsletters relating to Sponsors events, products, and services which may be of interest to you. To unsubscribe from Sponsors commercial e-mail lists, use the unsubscribe link in any commercial e-mail message you receive. Unsubscribing will not affect your eligibility to win the Sweepstakes.

13. Winner’s List
For the name of the Grand Prizewinner, send an email specifying your request(s) to hello@b8ta.com. Requests must be received no later than sixty (60) days after the end of the Sweepstakes Entry Period.

14. Sponsors
You and Sponsors hereby acknowledge that the Sweepstakes is in no way sponsored by, endorsed by, administered by, or associated with, Instagram or any of their respective affiliates, or any brand featured in any Instagram post in connection with the Sweepstakes.