OFFICIAL RULES OF XMAS GIVEAWAY

NO PURCHASE OR DOWNLOAD NECESSARY.

A PURCHASE OR DOWNLOAD OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. PROMOTION DESCRIPTION:

Hooray Studios Inc., 8 The Green, Suite # 12320, Dover, DE 19901 (the “Hooray”) has as part of the 2021 Christmas marketing campaign prepared a series of sweepstakes in the course of which the Entrants (as defined below) will have a chance to win Hooray’s personalized book series (the “Promotion”). The Promotion begins on December 15, 2021 at 12:00:01 am EST and ends on December 27, 2021 at 09:00:00 am EST (the “Promotion Period”). Hooray reserves the right to shorten the Promotion Period at its own discretion, including but not limited to the market situation at the time of consideration.

Promotion consists of ten (10) separate sweepstakes that will take place as follows (each, individually, the “Sweepstakes”):

  • the 1st Sweepstakes – on December 15, 2021 from Social Media Post (as defined below) publication until 11:59:59 pm EST;
  • the 2nd Sweepstakes – on December 16, 2021 from publication of Social Media Post until 11:59:59 pm EST;
  • the 3rd Sweepstakes – on December 17, 2021 from publication of Social Media Post until 11:59:59 pm EST;
  • the 4th Sweepstakes – on December 18, 2021 from publication of Social Media Post until 11:59:59 pm EST;
  • the 5th Sweepstakes – on December 19, 2021 from publication of Social Media Post until 11:59:59 pm EST;
  • the 6th Sweepstakes – on December 20, 2021 from publication of Social Media Post until 11:59:59 pm EST;
  • the 7th Sweepstakes – on December 21, 2021 from publication of Social Media Post until 11:59:59 pm EST;
  • the 8th Sweepstakes – on December 22, 2021 from publication of Social Media Post until 11:59:59 pm EST;
  • the 9th Sweepstakes – on December 23, 2021 from publication of Social Media Post until 11:59:59 pm EST;
  • the 10th Sweepstakes – on December 24, 2021 from publication of Social Media Post until December 27, 2021 at 9:00:00 am EST.

During the time of each individual Sweepstakes as determined above (each, individually, the “Sweepstakes Period”), entrants will have the opportunity to submit their application in accordance with Section 3.1 of these Official Rules (the “Rules”) to take part in the Sweepstakes (“the Entry”). Each person submitting the Entry during the Sweepstakes (each the “Entrant” and collectively “Entrants”) will have a chance to win the Prize determined in Section 4.1 of these Rules.

The winner of each individual Sweepstakes (each the “Winner”) will be selected impartially and at random, based exclusively upon chance.

BY SUBMITTING THE ENTRY OR BY CONTINUING TO PARTICIPATE IN THE SWEEPSTAKES FOLLOWING OUR POSTING OF A CHANGE NOTICE, EACH ENTRANT UNCONDITIONALLY ACCEPTS AND AGREES TO THESE OFFICIAL RULES AND WARRANTS THAT THEIR ENTRY COMPLIES WITH ALL REQUIREMENTS SET OUT HEREIN. Information included in the Social Media Post (as defined below) published on Hooray social media account consisting from instructions on how to enter the Sweepstakes and description of the Reward form part of these Rules. In case of any discrepancies between the terms of these Rules and the Social Media Post, the terms of Social Media post shall prevail.

By submitting the Entry, 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 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.

If you require any additional information, please contact us at hello@hoorayheroes.com.

2. ELIGIBILITY:

2.1. General Eligibility Requirements.

To partake in the Sweepstakes the Entrant must: (i) be 18 years of age or older or the age of majority in their state of residence at the time of the submission of the 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.

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 Sweepstakes.

2.2. Specific Eligibility Requirements.

To participate in the Sweepstakes, the Entrant must have a Facebook and/or Instagram social media profile, as appropriate, by which the Entrant submits the Entry to the Sweepstake in accordance with the Entry Procedure set forth in Section 3 below.

3. ENTRY PROCEDURE AND REQUIREMENTS AND SELECTION OF WINNERS:

3.1. The Entry, the Entry Procedure and Requirements.

Each day of the Promotion Period Hooray will publish a Facebook and/or Instagram post consisting of the invitation to submit the Entry to the Sweepstakes, the details of the Sweepstakes and the entry requirements for taking part in the Sweepstakes (the “Social Media Post”).

The correctly submitted Entry shall comply with the following entry requirements (the “Entry Requirements”):

  • The comment to the Social Media Post by means of which a user enters the Sweepstakes must follow the entry methods as described in the Social Media Post, by way of example, to tag a person, use an emoticon, submit a picture or video.
  • The comment to the Social Media Post by means of which a user enters the Sweepstakes must include the so-called disclaimer in order to make the promotional nature of communication evident, when the entry methods described in Social Media Post require a user to tag another person in a comment to the Social Media Post.

The Entries received by Hooray after the end of the Sweepstakes 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 Entry. Incomplete, corrupted, or untimely entries 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 or submission will not be deemed to be proof of receipt of the Entry by Hooray. Automated entries or entries submitted by third parties will be disqualified.

3.2. Selection of the Winner.

After the Sweepstakes Period concludes, potential prize winner(s) will be selected in a random drawing from all eligible Entries received (the “Potential Prize Winner”). Odds of winning depend on the number of eligible Entries received for the Sweepstakes.

The number of Winners shall be as follows:

  • in the 1st Sweepstakes – one (1) Winner;
  • in the 2nd Sweepstakes – one (1) Winner;
  • in the 3rd Sweepstakes – one (1) Winner;
  • in the 4th Sweepstakes – one (1) Winner;
  • in the 5th Sweepstakes – one (1) Winner;
  • in the 6th Sweepstakes – one (1) Winner;
  • in the 7th Sweepstakes – one (1) Winner;
  • in the 8th Sweepstakes – one (1) Winner;
  • in the 9th Sweepstakes – one (1) Winners;
  • in the 10th Sweepstakes – three (3) Winners.

Only after the Potential Prize Winner provides to Hooray all information and Paperwork necessary for the Prize (as defined below) to be awarded to him, the Potential Prize Winner shall be named the Winner.

3.3. Notification of Potential Prize Winners and Award of the Prize.

Any Potential Prize Winner will be notified of their selection publicly by Hooray posting a comment to Social Media Post and including (tagging) their name (the “Announcement”). The Announcement shall be made on the day following the expiration of Sweepstake Period. The Potential Prize Winner determined in the Announcement shall respond within 5 business days following the publication of the Announcement by Facebook social media platform direct messaging application or by e-mail to hello@hoorayheroes.com.

The Potential Prize Winner will be required to provide to Hooray their full name, address, tax ID number, and Country/State of residence for tax purposes (the “Required Information”), sign and return an affidavit of Eligibility and a W-9 tax form (the “Paperwork”) within five (5) days following the request made by Hooray to provide the Required Information and Paperwork. Should the Potential Prize Winner fail to provide to Hooray the Required Information and Paperwork referred to in the previous sentence, or found to be ineligible, such Potential Prize Winner shall be considered not eligible in accordance with these Rules and an alternate Potential Prize Winner will be selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period.

After verification of the Required Information and Paperwork, the Prize will be awarded to the Winner in accordance with Section 4.2 of these Rules.

Hooray may, at its sole discretion, decide to recognize the Potential Prize Winner as the Winner and award them the Prize regardless their failure to submit the requested Required Information and Paperwork, however, only under the condition that the Potential Prize Winner agrees by signing the agreement with Hooray that the Prize will be awarded to them, at Hooray’s sole discretion, if the Entry is original and new to Hooray and to accept the Prize, as awarded by Hooray at any time, in full settlement of any claims, which they may make against Hooray, except for claims of patent infringement. Unless and until a written agreement with Hooray is executed, the Potential Prize Winner will not receive the Prize/compensation, and Hooray will have no obligation to the Potential Prize Winner in any respect whatsoever with regard to the Prize and/or the Entry.

Hooray shall not be held liable for any selection notification and/or Announcement that is lost, intercepted, or not received by the Potential Prize Winner for any reason whatsoever.

If the Potential Prize Winner does not respond to the Announcement within the time set by Hooray herein, or if the selection notification is returned as unclaimed or undeliverable or if the Potential Prize Winner refuses to provide the Required Information and Paperwork required in the second paragraph of this section, the Potential Prize Winner hereby forfeits his status, i.e. forfeits his rights and the Prize determined herein and an alternate Potential Prize Winner will be selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period.

Any communication or information transmitted to Hooray its affiliates, related companies or subsidiaries by the Entrant, Potential Prize Winner or Winner by electronic mail, Facebook social media platform direct messaging application, or otherwise is and will be treated as non-confidential and nonproprietary.

4. PRIZE:

4.1. Determination of the Prize.

The Winner of the Sweepstakes will be awarded the prize as follows (each the “Prize”):

  • the Winner of the 1st Sweepstakes – one (1) Hooray’s personalized book of their choice and Shipping (as defined below);
  • the Winner of the 2nd Sweepstakes – one (1) Hooray’s personalized book from “I Love You Mom” or “Happy Mom Day” book series and Shipping;
  • the Winner of the 3rd Sweepstakes – one (1) Hooray’s personalized book from “The Pawsome Adventures of Blake and Milo” book series and Shipping;
  • the Winner of the 4th Sweepstakes – one (1) Hooray’s personalized book from “Marshall 10 Reasons I Love You” or “The Pawsome Adventures of Blake and Milo” or “Amelia You’ll Always Be My Little Girl” book series and Shipping;
  • the Winner of the 5th Sweepstakes – one (1) Hooray’s personalized book from “Sean’s Perfect Imperfections” book series and Shipping;
  • the Winner of the 6th Sweepstakes – one (1) Hooray’s personalized book from “Marshall 10 Reasons I Love You” book series and Shipping;
  • the Winner of the 7th Sweepstakes – one (1) Hooray’s personalized book from “Sean’s Perfect Imperfections” book series and Shipping;
  • the Winner of the 8th Sweepstakes – one (1) Hooray’s personalized book from “The Silva Family” book series and Shipping;
  • the Winner of the 9th Sweepstakes – one (1) Hooray’s personalized book from “Marshall 10 Reasons I Love You” or “Sean’s Perfect Imperfections” book series and Shipping;
  • the Winners of the 10th Sweepstakes – one (1) Hooray’s personalized book of their choice and Shipping.

In the case of unavailability of the Prize, Hooray reserves the right to substitute the Prize for a product of equal or greater value.

4.2. Award of the Prize.

Subject to conditions set forth in the Section 3 above, the Winner shall receive one (1) coupon code for one hundred percent (100%) reduction in the value of the Prize (the “Coupon”), specifically the market value of the Hooray’s personal book series included in the Prize and the shipping costs for the book, where the shipping option covered by the Coupon shall be communicated to the Winner by Hooray at the time of sending of the Coupon (the “Shipping”).

The Coupon shall be used by the Winner to claim the Prize, i.e. to order the Book and make use of the Shipping on Hooray’s Website accessible at www.hoorayheroes.com (the “Site”).

If the Winner’s order exceeds the value of the Coupon for any reason whatsoever, including but not limited to additional products selected by the Winner or different shipping option selected, the difference shall be settled by the Winner by 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 by Hooray when sending the Coupon.

The Winner 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 Prize, if any.

5. RIGHTS IN THE CONTENT AND IMAGE RIGHTS RELEASE:

This Section applies to any photo and/or video material, comment to the Social Media Post or other content provided to Hooray by the Entrant through Facebook social media platform direct messaging application, in the comment to Social Media Post or in any other way for the purpose of or in relation to the Sweepstakes (the “Content”).

The Entrant is and remains the owner of the Content. However, by submitting the Entry the Entrant agrees and accepts to be bound by Hooray’s User Generated Terms of Use, whereby the Entrant expressly agrees 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 platforms, 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 Entrant grants to Hooray the right to use the Entrant’s username, real name, image, likeness, description, location and/or other identifying information, including, but not limited to, the Entrant’s voice, in connection with any use of the Content.

The Entrant 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 Entrant expressly acknowledges and agrees to accept the Prize, if any, as the full and final consideration for all rights granted under these Rules and further confirms that upon the receipt of Prize in accordance with the Section 4 of these Rules, if any, all obligations of Hooray and its related companies to the Entrant 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 Entrant 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 Entrant 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 Entrant further agrees that they will not claim any right in or to the Hooray Content and/or such materials. Further, the Entrant shall not use or modify any Hooray Content or such materials without the prior written approval of Hooray.

6. 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 Entry, (ii)  personal information provided by the Entrant and/or Potential Prize Winner and/or the Winner 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, such as the Entrant’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, Potential Prize Winners, Winners and Third Persons (as defined below) 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.

7. THIRD PERSON’S RIGHTS:

The Entrant hereby acknowledges and agrees to inform any third person included in the comment to the Social Media Post, in the communication with Hooray or/and in the Content (the “Third Person”) about the terms of Sections 5 and 6 of the Rules and explain to them that their social media username, name, and Personal Information provided to Hooray by the Entrant, their likeness, voice, singing voice, conversation, sounds and biographical data will be used by Hooray for the purposes of and in a way described in these Rules. The Entrant undertakes to obtain the Third Person’s consent to such use of their likeness and other personal attributes, and their Personal Information.

The Entrant hereby affirms and warrants the Entrant has the right to grant Hooray and the Entrant 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 5 of these Rules. In addition, the Entrant consents on behalf of the Third Person to the processing of the Third Person’s Personal Information by Hooray in accordance with Section 6 of these Rules.

Before consenting to the processing of their Personal Information by Hooray, the Third Person shall be specifically informed by the Entrant (i) of the voluntarily nature of their consent, (ii) that their Personal Information will only be processed by Hooray with and on the basis of their consent, (iii) about the right to withdraw their consent at any time, and (iv) that in the event they do not consent as the only consequence the Entrant will be considered not eligible in accordance with these Rules.

8. WARRANTIES AND INDEMNIFICATION:

The Entrant warrants and represents that (i) the Entrant is eligible to enter the Sweepstakes, (ii) the Entrant 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 Entrant, (iii) 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 Entrant owns and controls the said rights in the Content or has the exclusive right to the Content throughout the world, and (v) any persons appearing or included in the Content, including in the comments to the Social Media Posts, have given their consents in accordance with Section 7 of these Rules.

The Entrant, Potential Prize Winner and/or the Winner releases and discharges, to the maximum extent permitted by applicable law, Hooray, any party associated with the development or administration of the Promotion, their employees, agents or representatives or any of their subsidiaries, affiliates or related companies from any and all liability in connection with the Promotion, including without limitation, legal claims, costs, injuries, losses or damages, demand or actions of any kind. The Entrant, 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 from or in connection to the Sweepstakes as carried out pursuant to 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.

9. MISCELLANEOUS:

9.1. Additional Terms.

These Rules apply to the Promotion and to Hooray’s use of the Content produced during the Promotion. In addition, to the extend the Entrant, Potential Prize Winner and/or the Winner uses other services and products offered by Hooray, the Entrant, Potential Prize Winner and/or the Winner 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, Potential Prize Winner and/or the Winner 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.

9.2. Modification of terms and Cancellation.

Hooray may at any time modify any part or all of the Rules by posting a revised version on the Site. The revised version of the Rules will become effective and binding the next day after it is posted. By submitting the entry, the Entrant agrees to and shall be bound by the then applicable Rules which continue to be applicable to the Entrant throughout the Sweepstakes.

Hooray reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Hooray in its sole discretion.

9.3. No Assignment.

These Rules are personal to the Entrant, Potential Prize Winner and/or the Winner 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.

9.4. No waiver.

The Entrant, Potential Prize Winner and/or the Winner 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.

9.5. 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.

9.6. 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.

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.