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1. PROMOTION DESCRIPTION:

Hooray Studios Inc. (the “Hooray”) seeks affiliates to cooperate with for a promotion of the new marriage edition of Hooray’s Love You book for couples (the “Promotion Program”). The Promotion Program begins on June 25, 2021 at 00:00 EDT and ends on December 31, 2021 at 23:59 EDT (“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, social media profile information and email address (the “Application”). If determined by Hooray that an Entrant’s public image, social media profile and lifestyle is consistent with Hooray’s public appearance, Hooray may decide at its sole discretion to engage an Entrant in a Promotion Program (each the “Promoter”, collectively “Promoters”).

The Promoter will be notified about the selection by email.

BY SUBMITTING THE APPLICATION AND TICKING THE APPROPRIATE CHECKBOX, OR BY CONTINUING TO PARTICIPATE IN THE 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 OUT HEREIN. Information on how to enter and description of benefits received form a part of these Official Rules (the “Rules”).

By submitting the Application, each 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 is located at the bottom of these Rules.

2. ELIGIBILITY:

To partake in the Promotion Program an 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.

Only Entrants who, to the best of their knowledge, are to marry and hold a wedding ceremony by the end of 2021 are eligible to submit the Application and partake in the Promotion Program.

To participate in the Promotion Program, an Entrant must have a social media profile, such as profile on Facebook, Instagram, Pinterest, Twitter or any other social media channel, set to permit public viewing of the Entrant’s photos.

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, Entrants shall provide their full name, a link to their respective social media profile and 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 not be assessed and shall be disqualified.

By submitting the Application, the Entrant warrants, to the best of the Entrant’s knowledge, to marry and held a wedding ceremony by the end of 2021.

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 an Entrant’s public image, social media profile and lifestyle.

3.3. Notification of 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. To become the Promoter, the Selected Entrant shall reply to 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 within the time set by Hooray in the email, or if the selection notification 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.

Once contacted and notified by Hooray about the selection, the Selected Entrant and/or Promoter may be required to supply Hooray with a planned date of the Selected Entrant’s and/or Promoter’s wedding ceremony (the “Estimated Wedding Date”).

Any communication or information transmitted to Hooray its affiliates, related companies or subsidiaries by an Entrant, Selected entrant or the Promoter by electronic mail 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 one (1) coupon code in the amount covering (the “Coupon”):

• the market value of one (1) personalized book from Hooray’s “James & Nicole, 15 Reasons your Love is Forever” book series (the “Book”),
• the market value of one (1) gift box, where the exact gift box product shall be selected and communicated by Hooray to the Promoter at the time of sending the Coupon (the “Gift Box”),
• the shipping costs for the Book and accompanying Gift Box, where the shipping option costs of which are 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 to order the Book and the Gift Box 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.

5. PROMOTERS’ OBLIGATIONS:

The Promoter shall for the benefit of Hooray create high-quality photo and/or video content consisting of at least one (1) photo or one (1) video portraying the Book together with the Promoter and his/her partner on their wedding day (the “Content”).

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 submit the Content to Hooray within one (1) month from the Estimated Wedding Date (the “Deadline”). Hooray 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.

If the Promoter becomes aware of cancellation of the Promoter’s wedding, the Promoter shall notify Hooray of such cancellation without unnecessary delay, where Hooray shall immediately block the Coupon if the Coupon has not yet been used by the Promoter or if 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 the receipt of the wedding cancellation notification by Hooray.

The Promoter has no obligation to publish the Content on the Promoter’s social media profiles. If the Promoter decides to, nonetheless, publish the Content on their social media profile, including but not limited to the Promoter’s profile on Facebook, Instagram, Pinterest and Twitter social media platforms, the Promoter undertakes to create the accompanying content in complete autonomy and compliance with every rule of law and regulation, and to include in the 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 social media profile, include a tag of Hooray’s social media profile 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 submit the Content to Hooray within the Deadline for any reason whatsoever, except when such delay arises from or is related to postponement of the deadline for issuance and publication of the Book by Hooray or if such postponement is due to delayed delivery of the Book, if delivery is materially disrupted by reason of an event beyond the Promoter’s control, and the Book and Gift Box have already been ordered by the Promoter, 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.

If the Content cannot be created by the Promoter due to postponement of the deadline for issuance and publication of the Book by Hooray or due to delayed delivery of the Book, if delivery is materially disrupted by reason of an event beyond the Promoter’s control, the Promoter is under no obligation to reimburse the Hooray for the amount for which the Coupon was issued.

In case of cancellation of the Promoter’s wedding under paragraph 4 of this Section or the Promoter’s failure to submit the Content to Hooray within the Deadline under paragraph 6 of this Section or if the Content cannot be created by the Promoter due to reasons set out under paragraph 7 of this Section, the Promoter’s obligations under the first, second and third paragraph of this Section 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 e-mails 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 an Entrant in the Application, (ii)  personal information provided by an 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 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 your 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.

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 Ruless and any other Hooray terms and conditions referenced in these Ruless 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, (v) any persons appearing in the Content have given their consents in accordance with Section 8 of these Rules and (vi) to the best of the Promoter’s knowledge, the Promoter will marry and held a wedding ceremony by the end of 2021.

Each 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 Promotor’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 receipt of wedding cancellation notification by Hooray.

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.

Each 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.

FOR CALIFORNIA RESIDENTS: NOTICE AT COLLECTION OF PERSONAL INFORMATION

We directly or indirectly collect these categories of Personal Information:

• Identifiers – name and email address;
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – name and email address;
• Protected classification characteristics under California or federal law – marital status;
• Sensory Data – Personal Information contained in the Content.

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 an application and participation in the Promotion Program.

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