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1. PROMOTION DESCRIPTION:

Hooray Studios Inc. (the “Hooray”) seeks affiliates to cooperate with in promotion of Hooray’s products and services on social media platform TikTok (the “Promotion Program”). The Promotion Program begins on January 12, 2022 at 00:00:01 am EST and ends on December 31, 2022 at 23:59:99 pm EST (“Promotion Program Period”). Hooray reserves the right to shorten the Promotion Program Period at its own discretion, including but not limited to the market situation at the time of consideration.

During the Promotion Program Period, entrants will have the opportunity to submit their application to take part in the Promotion Program (each an “Entrant” and collectively “Entrants”) by submitting their name, TikTok profile information and email address (the “Application”). If determined by Hooray that an Entrant’s public image, TikTok social media profile and lifestyle is consistent with Hooray’s public appearance, Hooray may decide at its sole discretion to involve the Entrant in the Promotion Program (each the “Promoter”, collectively “Promoters”).

The Promoter will be notified about the selection by email on the email address provided in the Application.

BY SUBMITTING THE APPLICATION AND TICKING THE APPROPRIATE CHECKBOX, OR BY CONTINUING TO PARTICIPATE IN THE PROMOTION PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, EACH ENTRANT UNCONDITIONALLY ACCEPTS AND AGREES TO THESE OFFICIAL RULES AND WARRANTS THAT HIS OR HER ENTRY COMPLIES WITH ALL REQUIREMENTS SET FORTH HEREIN. Information on how to enter and description of benefits received in any blog post or social media post by Hooray form a part of these Official Rules (the “Rules”).

By submitting the Application, the Entrant irrevocably understands and agrees that the Entrant can communicate with Hooray only in English language.

All personal information collected in connection with the Promotion Program will be used by Hooray in accordance with Privacy Policy accessible at https://hoorayheroes.com/privacy-policy. Notice of Collection informing California residents about the personal information collected by Hooray for the purposes of the Promotion Program is located at the bottom of these Rules.

2. ELIGIBILITY:

To partake in the Promotion Program the Entrant must: (i) be 18 years of age or older at the time of an entry, (ii) be a legal U.S. resident, and (iii) NOT reside in the State of Rhode Island. Employees of Hooray, and their subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related, are not eligible.

To participate in the Promotion Program, the Entrant must have a social media profile on TikTok social media platform accessible at www.tiktok.com (the “TikTok”).

THE PROMOTION PROGRAM IS VOID (i) WHERE PROHIBITED AND (ii) WHERE REGISTRATION WITH AUTHORITIES OR FULFILLMENT OF OTHER CONDITIONS (E.G. HAVING RULES PUBLISHED IN THE LOCAL LANGUAGE) IS NECESSARY IN ACCORDANCE WITH LOCAL LAWS. No businesses or non-profit organizations are permitted to enter the Promotion Program.

3. TAKING PART IN THE PROMOTION PROGRAM:

3.1. Submitting the Application.

To correctly apply to take part in the Promotion Program, the Entrant shall provide (i) their full name, (ii) the link to their TikTok social media profile and (iii) their email address to Hooray via a submission form available here during the Promotion Period.

Applications received by Hooray after the end of the Promotion Period shall be considered not to be correctly submitted and shall be disqualified.

Hooray is not responsible for late or unsuccessful attempts to submit the Application. Incomplete, corrupted, or untimely Applications are void and will be disqualified. Hooray is not responsible for lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), incomplete uploads, or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. Proof of sending of Application shall not be deemed to be proof of receipt of the Application by Hooray. Automated Applications or Applications submitted by third parties will be disqualified.

The Entrant understands and agrees that the Application is made under the express understanding that Hooray assumes no obligation to do more than consider the Application.  Moreover, Hooray shall be under no obligation to reveal to the Entrant any information belonging to Hooray and relating to the Application or Promotion Program.  

3.2. Selection of the Promoters.

Hooray shall review all eligible Applications periodically and shall select at its own discretion the Promoters to take part in the Promotion Program. When reviewing and selecting the Promoters, Hooray shall take into an account particularly the Entrant’s public image, social media profile and lifestyle.

3.3. Notification of the Entrants selected and obtaining the Promoter status.

Any Entrant selected to become the Promoter and take part in the Promotion Program (the “Selected Entrant”) will be notified of such selection via email on email address provided to Hooray in the Application (the “Selection Notification Email”). To become the Promoter, the Selected Entrant shall reply to the Selection Notification Email sent by Hooray and express an agreement with becoming the Promoter. After Hooray’s receipt of affirmative response to Hooray’s Selection Notification Email by the Selected Entrant, the Selected Entrant obtains the status of the Promoter.

Hooray shall not be held liable for any Selection Notification Email that is lost, intercepted, or not received by the Selected Entrant for any reason whatsoever.

If the Selected Entrant does not respond to the Selection Notification Email within the time set by Hooray in such email, or if the Selection Notification Email is returned as unclaimed or undeliverable or if the Selected Entrant refuses to take part in the Promotion Program, the Selected Entrant hereby forfeits his Promoter status, i.e. forfeits his rights and Benefits determined herein and Section 5 of these Rules determining the Promoter’s obligations shall not apply.

Any communication or information transmitted to Hooray its affiliates, related companies or subsidiaries by the Entrant, the Selected Entrant or the Promoter by email or otherwise is and will be treated as non-confidential and nonproprietary.

4. BENEFITS:

Subject to an affirmative response by the Promoter to Hooray’s Selection Notification Email as set forth in the Section 3.3. above, the Promoter shall receive (the “Benefits”):

• one (1) personalized book from Hooray’s “Marshall 10 Reasons I Love You” book series (the “Book”), and
• Shipping as defined below.

The Benefits shall be awarded to the Promoter in a form of one (1) coupon code for one hundred percent (100%) reduction up to the value of (the “Coupon”):

• the Book; and
• the shipping costs for the Book, where the shipping option covered by the Coupon shall be communicated to the Promoter by Hooray at the time of sending of the Coupon (the “Shipping”).

The Coupon shall be used by the Promoter within fourteen (14) days from the receipt of the Coupon code by Promoter to order the Book and make use of the Shipping on Hooray’s Website accessible at www.hoorayheroes.com (the “Site”). The Coupon shall be credited against the invoice amount.

If the Promoter’s order exceeds the value of the Coupon for any reason whatsoever, including but not limited to additional products selected by the Promoter or different shipping option selected, the difference shall be settled by the Promoter with another admissible payment method.

Coupon is not transferable and is not redeemable for cash. The Coupon may only be used once. The Coupon can be combined with any other offer or discount, or promotion offered by Hooray.

The Coupon is valid for a limited time only and expires on the date specified in the email sent to the Promoter by Hooray.

The Promoter is solely responsible for payment of any and all fees and costs and applicable federal, state, and local taxes and expenses related to acceptance and use of the Benefits, if any.

5. PROMOTERS’ OBLIGATIONS:

The Promoter shall for the benefit of Hooray create high-quality video content consisting of at least one (1) video portraying the Book together with the Promoter and his/her partner (the “Content”). The Content shall be created and published in compliance with TikTok Community Guidelines.

The Content shall be in accordance with Hooray’s instructions and guidelines given at any time prior to the creation of the Content.

The Promoter shall publish the Content on their TikTok social media profile (the “Post”) within one (1) month following the receipt of the Book (the “Deadline”) and the Promoter may, however, subsequently mutually agree in writing, including through means of electronic communications (e.g. email), on the Deadline different from the one set out herein.

The Promoter shall, furthermore, enable Hooray to advertise the Post by appropriately adjusting the settings within the TikTok application and shall supply Hooray with any information necessary for Hooray to advertise and/or promote the Post within TikTok social media platform (e.g. to provide a unique video code for promotion of Spark ads).

The Promoter undertakes to create the editorial content in complete autonomy and compliance with every rule of law and regulation, and to include in the TikTok social media post the so-called disclaimer in the post captions in order to make the promotional nature of communication evident, as follows: at the beginning of the post or within the first three hashtags (#), if are of immediate perception, one of the following words: “#Ad or #Advertisement or #Advertising or #SponsoredByHooray”. Furthermore, the Promoter shall, when publishing the Content on their TikTok social media profile, include a tag of Hooray’s social media profile @hoorayheroes in the social media post consisting of the Content as appropriate and in accordance with any Hooray’s instructions.

In case the Promoter does not publish the Content in accordance with paragraph 3 of this Section within the Deadline for any reason whatsoever and the Book has already been ordered by the Promoter using the Coupon, the Promoter shall reimburse Hooray in full for the amount for which the Coupon was issued within the 30 days from the date of expiration of the Deadline.

In case of the Promoter’s failure to publish the Content for any reason whatsoever and after the Promoter has reimbursed the Hooray in accordance with the previous paragraph, the Promoter’s obligations under the first, second and third paragraph of this Section shall cease and Sections 6 (“Rights in the Content and Image Rights Release”) and 8 (“Third Party’s Rights”) and the first paragraph of Section 9 (“Warranties and Indemnification”) of these Rules cease to apply.

6. RIGHTS IN THE CONTENT AND IMAGE RIGHTS RELEASE:

The Promoter is and remains the owner of the Content. However, by submitting the Application the Promoter agrees and accepts to be bound by Hooray’s User Generated Terms of Use, whereby the Promoter expressly agree to grant to Hooray and its affiliates, subsidiaries and related companies a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable and sublicensable right and license to use, distribute, reproduce, modify, make derivative works of, publicly perform, and display the Content in any manner to be determined in the Hooray’s sole discretion, including, but not limited to on webpages and social media pages, in promotional emails and advertisements, and in any and all other marketing, promotional, and advertising initiatives, including but not limited to promotions on social media platforms, television and radio advertisements, and in any media now or hereafter known.

Furthermore, in accordance with the User Generated Terms of Use the Promoter grants to Hooray the right to use the Promoter’s username, real name, image, likeness, description, location and/or other identifying information, including, but not limited to, the Promoter’s voice, in connection with any use of the Content.

The Promoter waives any right to review and approve publication or other use of the Content, either in its original form or as edited by Hooray now and in the future and accepts that the herein granted right of Hooray to the use of the Content does not constitute an obligation to make use of this right.

The Promoter expressly acknowledges and agrees to accept the Benefits as the full and final consideration for all rights granted under these Rules and further confirms that upon the receipt of Benefits in accordance with the Section 4 of these Rules, all obligations of Hooray and its related companies to the Promoter are effectively fulfilled. No further sums shall be required to be paid by Hooray by way of repeat fees, use fees, residuals, royalties or other payments whatsoever.

The Promoter acknowledges that any Hooray’s names, characters and logos, trade names, service marks, confidential information and/or other intellectual property rights of Hooray or its affiliates, subsidiaries, and related companies (collectively, the “Hooray Content”) and any materials provided to the Promoter by or on behalf of Hooray (and/or any of its affiliates, subsidiaries, and/or related companies and/or their respective employees, representatives, contractors or agents) hereunder shall be owned exclusively by and shall inure solely to the benefit of Hooray. The Promoter further agrees that they will not claim any right in or to the Hooray Content and/or such materials. Further, the Promoter shall not use or modify any Hooray Content or such materials without the prior written approval of Hooray.

7. PERSONAL INFORMATION:

Hooray will, for the purpose of the performance of these Rules and the delivery of any documentation hereunder and for the purpose of using the Content created and delivered under these Rules process (i) personal information provided by the Entrant in the Application, (ii) personal information appearing on the Entrant’s TikTok social media profile, (ii)  personal information provided by the Entrant and/or Selected Entrant and/or the Promoter in their correspondence with Hooray and (iii) personal information included in the Content, where personal information means any information that specifically identifies or, when combined with other data, can be used to identify you or other individuals portrayed in the Content, such as the Promoter’s or another’s name, email address, likeness or voice (the “Personal Information”). Personal Information shall be processed by Hooray only as necessary for the performance of these Rules and in accordance with the Hooray’s Privacy Policy.

Hooray may share Personal Information with its related companies, third-party service providers, including social media platforms and marketing agencies, successors upon merger and acquirers, and with regulatory authorities responsible for the enforcement of data protection laws or other law enforcement authorities upon their request as further described in the Privacy Policy. Hooray will retain Personal Information for as long as necessary to fulfill the purposes for which Personal Information was collected, unless otherwise is required by Hooray’s legal obligations under tax, commercial and other laws or to establish, exercise or defend Hooray’s legal rights. Once no business need or obligation exists to process the Personal Information, Hooray will either delete or, if unable to delete, anonymize the Personal Information.

LEGAL NOTICE TO CALIFORNIA RESIDENTS:

This section applies solely to the Entrants, Selected Entrants, Promoters and third persons portrayed in the Content who reside in the State of California and to whom California Consumer Privacy Act (“CCPA”), Cal. Civ. Code 1798.100, et seq. applies (the “California Residents”).

The California Residents have the right to know which Personal Information Hooray processes, the right to request deletion of Personal Information Hooray holds about you, the right to opt-out of sale of their Personal Information and have the right to not be discriminated against for exercising the above privacy rights. The enumerated rights can be exercised by contacting Hooray via email at privacy@hooraystudios.com. Before complying with your request, we may request you to confirm your identity and verify you are the consumer about whom request to exercise one of the below rights has been made. We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded.

Notice at collection of your Personal Information is available at the end of these Rules.

8. THIRD PERSON’S RIGHTS:

The Content may portray third persons whose image and Personal Information will be used by Hooray in accordance with Sections 6 and 7 of these Rules. The Promoter hereby agrees to inform any third person included in the Content (the “Third Person”) about the terms included in Sections 6 and 7 of these Rules and explain to them that their appearance, name, likeness, voice, singing voice, conversation, sounds and any other Personal Information will be used by Hooray for the purposes of and in a way described in these Rules. The Promoter undertakes to obtain the Third Person’s consent to such use of their likeness and other personal attributes, and their Personal Information.

The Promoter hereby affirms the Promoter has the right to grant Hooray and the Promoter grants Hooray and its affiliates, subsidiaries and related companies the irrevocable and unlimited right to use the Third Person’s appearance, name, likeness, voice, singing voice, conversation, sounds and biographical data in accordance with Section 6 of these Rules. In addition, the Promoter consents on behalf of the Third Person to the processing of the Third Person’s Personal Information by Hooray in accordance with Section 7 these Rules.

When a child is depicted in the Content, the Promoter, by accepting the terms of these Rules, in addition explicitly agrees to the terms of RELEASE FORM FOR A MINOR (IF APPLICABLE) Section of Hooray’s User Generated Terms of Use.

9. WARRANTIES AND INDEMNIFICATION:

The Promoter warrants and represents that (i) the Promoter is entitled to grant to Hooray the rights, permissions and consents granted under these Rules and any other Hooray terms and conditions referenced in these Rules and made available to the Promoter, (ii) the Content does not infringe the copyright or any other personal or property rights of any person or is in breach of any statute or regulation, (iii) no adverse claim exists with respect to the Content, (iv) the Promoter owns and controls said the rights in the Content or has the exclusive right to the Content throughout the world, and (v) any persons appearing in the Content have given their consents in accordance with Section 8 of these Rules.

The Entrant, Selected Entrant and Promoter releases and discharges, to the maximum extent permitted by applicable law, Hooray, any party associated with the development or administration of the Promotion Program, their employees, agents or representatives or any of their subsidiaries, affiliates or related companies from any and all liability in connection with the Promotion Program, including without limitation, legal claims, costs, injuries, losses or damages, demand or actions of any kind. Each Promoter, further, agrees to hold Hooray and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waives any right to pursue, any claims of any nature arising in connection with the use of the Content as authorized under these Rules. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HOORAY AND ITS ENTITIES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HOORAY AND ITS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. MISCELLANEOUS:

10.1. Additional Terms.

These Rules apply to the Promotion Program and to Hooray’s use of the Content produced during the Promotion Program. In addition, to the extend the Entrant, Selected Entrant and/or the Promoter use other services and products offered by Hooray, the Entrant, Selected Entrant and/or the Promoter is also subject to additional terms of use, agreements, guidelines or rules provided by Hooray applicable to such Hooray services, including but not limited to those set forth on the Site, and the Entrant, Selected Entrant and/or the Promoter hereby agrees to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Hooray (the “Hooray Studios Terms”). In case of any discrepancies between the provisions contained in these Rules and the provisions contained in the Hooray Studios Terms, the provisions of these Rules prevail.

10.2. Cancellation.

Hooray reserves the right to cancel the Promoter’s engagement in the Promotion Program immediately and without prior notice if the Promoter refuses to or is unable to carry out the Promoter’s Obligations as set out under Section 5 of these Rules or is in breach of any provision of these Rules or the public image of the Promoter is damaged in a way that further participation in the Promotion Program by the Promoter could damage the reputation and goodwill of Hooray.

The Promoter may cancel the Promoter’s participation in the Promotion Program at any time and for any reason by giving Hooray 10 days’ written notice.

In case of cancellation of the Promoter’s engagement in the Promotion Program by Hooray or by Promoter in line with the first or second paragraph of this Section, Hooray shall immediately block the Coupon if the Coupon has not yet been used by the Promoter. If the Promoter’s engagement in the Promotion Program was cancelled by Hooray at the Promoter’s fault in accordance with the first paragraph of this Section or if the Promoter’s engagement in the Promotion Program was cancelled by the Promoter under the second paragraph of this Section and the Coupon has already been used by the Promoter, the Promoter shall reimburse Hooray in full for the amount for which the Coupon was issued within 30 days from the date of cancellation of this Rules.

Upon cancellation of the Promoter’s engagement in the Promotion Program in accordance with the first and/or second paragraph of this Section, Section 4 (“Benefits”), Section 5 (“Promoter’s Obligations”), Section 6 (“Rights in the Content and Image Rights Release”), Section 8 (“Third Person’s Rights”) and the first paragraph of Section 9 (“Warranties and Indemnification”) of these Rules shall cease to apply.

10.3. No Assignment.

These Rules are personal to the Entrant, Selected Entrant and/or the Promoter and may not be assigned or transferred by them for any reason whatsoever without Hooray’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

10.4. No waiver.

The Entrant, Selected Entrant and/or the Promoter agrees that if Hooray does not exercise or enforce any legal right or remedy which is contained in these Rules (or which Hooray has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hooray’s rights and that those rights or remedies will still be available to Hooray.

10.5. Severability.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Rules are invalid, then that provision will be removed without affecting the rest of the Rules. The remaining provisions of these Rules will continue to be valid and enforceable.

10.6. Governing Law and Jurisdiction.

This Agreement shall be governed by the laws of Delaware without regard to its conflicts of law rules. Parties consent to the exclusive jurisdiction of Delaware courts.

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FOR CALIFORNIA RESIDENTS: NOTICE AT COLLECTION OF PERSONAL INFORMATION

We directly or indirectly collect these categories of Personal Information:

• Identifiers – name, email address and social media username;
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – name and email address;
• Sensory Data – Personal Information contained in the Content and Personal Information contained in social media posts on the Entrant’s TikTok social media profile;
• Professional information – number of followers and likes on TikTok social media profile.

We collect and use the above Personal Information to comply with our obligations as set out in these Rules, to make use of the rights granted under these Rules, to deliver any documentation hereunder, for the purpose of using the Content created and delivered under these Rules and to comply with tax, commercial and other laws or to establish, exercise or defend Hooray’s legal rights.

We do not sell the information collected during the entry and participation in the Promotion.

For more details on our processing practices and your rights please see our Privacy Policy.