SPRING 2023 CREATOR NETWORK CONTEST

SPRING 2023 CREATOR NETWORK CONTEST

Official Rules

 

CONTEST OPEN TO FABFITFUN MEMBERS ONLY. NO PURCHASE REQUIRED TO ENTER OR WIN, AND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT WON YET.

 

These Official Rules apply to the Spring 2023 Creator Network Contest to be held from February 8, 2023 to March 31, 2023 with the winner to be selected on or about April 3, 2023 (the “Contest”).  By entering the Contest, you acknowledge that your information will be handled in accordance with FabFitFun’s Privacy Policy, and you agree to be bound by these Official Rules and the FabFitFun Terms of Use and Sale.  THIS INCLUDES YOUR ACKNOWLEDGEMENT OF AND CONSENT TO DISPUTE PROCEDURES (AS OUTLINED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION BELOW) WHICH, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS ARISING OUT OF OR RELATING TO THE CONTEST THAT YOU HAVE AGAINST FABFITFUN TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

Prize: FabFitFun will award twenty one (21) prizes in total.  One prize will be awarded to each winner.  Prizes will consist of the following: one (1) grand prize winner will receive a $500 credit to FabFitFun and the opportunity to create content for a future season’s spoiler campaign, ten (10) winners will receive a $50 credit to FabFitFun and the opportunity to create content for a future season’s spoiler campaign; and (10) winners will receive a $50 credit to FabFitFun.  The estimated retail value of this prize package is $1,500 USD. Odds of winning depend on the number of eligible Submissions (defined below) received by FabFitFun during the Entry Period (defined below).  Payment of any and all taxes associated with each prize is the responsibility of the winner of the prize. FabFitFun accepts no responsibility for any costs associated with the prize and not specifically included in the prize.

Eligibility: Entrants must be existing members of FabFitFun as of February 7, 2023 and must be 18 years or older, and a resident of one of the United States, the District of Columbia, Canada (excluding the Province of Quebec), or the United Kingdom to enter or win a prize. Employees of FabFitFun, its affiliates, or their respective advertising, public relations, accounting or legal firms, and immediate family members or individuals living in the same household of such employees, are not eligible to enter the Contest or win a prize. For purposes of these eligibility rules, “immediate family members” mean spouse, children, parents, parents of spouse, siblings, and spouse’s siblings.

Additional Eligibility Requirements: Prior to receiving any prize, the winner must provide FabFitFun with any information or certifications needed by FabFitFun, in its sole judgment, for tax reporting purposes. The prize winner also must complete and sign and return to FabFitFun a Declaration of Eligibility & Release to be eligible to receive the prize. If you fail to satisfy these conditions within three (3) days after we send you notice that your Submission has been selected, you will not be eligible for the prize and we will select an alternate winner as described in “Selection of Winners” below. Contest subject to all applicable federal, provincial, state and local laws. All decisions on eligibility will be made by FabFitFun and its decisions are final and binding.

For Canadian Residents Only: Must be the age of majority in the province of residence. Before being declared a winner, the selected entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question to be administered by telephone at a time mutually convenient for the entrant and FabFitFun or promotional agent of FabFitFun.

How to Enter (“Entry Criteria”): To enter you must do ALL of the following:

1. Create a video of your Spring Box, Add-Ons, flash sale finds or just your overall experience with FabFitFun (“Submission”);  
2. Post your Submission on your public Instagram, TikTok, YouTube, or Facebook page; 
3. Tag @fabfitfun and #fabfitfuncreatorpartner on your social media post; AND
4. Visit the Community Forum (talk.fabfitfun.com) during the Entry Period and post a link to your Submission in response to the “Become Our Next Big FFF Creator (and Save Cash$$)” thread by 11 am PST on March 31, 2023.  
5. All Submissions must be posted on your social media between 8 a.m. PST on February 8, 2023, and 11:00 a.m. PST on March 31, 2023 (the “Entry Period”).
6. There is no limit to the number of Submissions per person, however, each Submission must comply with these Entry Criteria and the Official Rules and be unique.  The automated generation of posts is not permitted.  No matter how many Submissions you submit, you can only win one prize.

Submission Guidelines: All Submissions must meet all of the following criteria:

1. MUST be the entrant’s original idea (modification of an original work is not an original idea).  Submissions MUST NOT copy or otherwise plagiarize from any source.
2. MUST NOT contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Submission is created in their application.
3. MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.  Without limiting the foregoing, Submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
4. MUST NOT include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property.  Submissions must not include commercial music.
5. MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules.  Entrant must be prepared to provide signed third party authorizations upon request.

Selection of Winners: At the end of the Entry Period, FabFitFun will review the Submissions.  Whichever Submissions have the highest number of “likes” at the time FabFitfun reviews the Submissions on March 31, 2023, will be named winners.  The Submission with the highest number of “likes” will receive the Grand Prize, the Submissions that have the next 10 highest number of “likes” will receive a $50 FabFitFun Credit and the opportunity to create content for a future season’s spoiler campaign and the Submissions that have the next 10 highest number of “likes” will receive a $50 FabFitFun Credit.  Chances of being selected as the winner depend on the number of eligible Submissions. If FabFitFun determines that a person whose Submission is selected is not eligible to enter the contest or if the person selected refuses to accept the prize, or fails to complete the eligibility requirements described in “Additional Eligibility Requirements” above, or if the person whose Submission is selected cannot be contacted or identified, FabFitFun will select the Submission with the next highest amount of “likes” from the remaining eligible Submissions. Each winner will be contacted via the email associated with the winner’s FabFitFun membership account. If a winner does not respond within forty-eight (48) hours, a new winner will be selected.

User Content License: By entering this Contest, you hereby grant to FabFitFun and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your Submission in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your Submission.

You hereby agree and represent and warrant that (i) you are solely responsible for your Submission, (ii) you own all rights in and to your Submission and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such Submission, (iii) you are not a minor, (iv) the Licensed Parties’ use of your Submission as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the Submission is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Submission.

Additional Agreements/Waivers: By entering the Contest, each entrant agrees: (a) to be bound by these Official Rules and to interpretation of these Official Rules by FabFitFun and (b) that FabFitFun and its agents, affiliates, representatives and employees will have no liability whatsoever for any injuries, losses or damages of any kind resulting from participation in the Contest or acceptance or use of the prize(s) (except that FabFitFun does not exclude its liability to an entrant who resides in the United Kingdom in respect of death or personal injury where such liability arises from the negligence of FabFitFun and its agents, affiliates, representatives, and employees). Except as prohibited by law, each winner also consents, by entering the Contest and without further compensation, to FabFitFun’s use and publication of the winner’s name, photograph, likeness, biographical information, and details of winning for FabFitFun’s advertising, promotional, or regulatory purposes. Contest void where prohibited by law. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by FabFitFun in its sole and absolute discretion, FabFitFun may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules, (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect Submissions received in such Contest up to the time of the impairment, or (c) in the case of any force majeure event including, without limitation, acts of God, war, government regulation or advisory, acts and/or threats of terrorism, civil disorder, fire, flood, explosion, earthquake, epidemic, pandemic, major accidents or other calamity or casualty, curtailment of transportation facilities, or any other cause or circumstance beyond FabFitFun’s control, making it illegal or impossible to conduct the Contest, FabFitFun may terminate the Contest in its sole discretion. FabFitFun reserves the right in its sole discretion to disqualify any entrant found to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules or in an unsportsmanlike, offensive or disruptive manner or in a manner that does not comply with the spirit of the Contest. FabFitFun reserves the right to change, modify, or extend the Entry Period if it should be deemed necessary. Failure by FabFitFun to enforce any provision of the Official Rules shall not constitute a waiver of that provision.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT: YOU AND FABFITFUN MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY, AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION, IN ACCORDANCE WITH SECTION 14 OF THE FABFITFUN TERMS OF USE AND SALE (“TOUS”). This will prohibit you and FabFitFun from bringing any class, collective, or consolidated proceeding against each other, and will also prohibit you and FabFitFun from participating in or recovering relief under any current or future such actions brought by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND FABFITFUN ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THE CONTEST, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN SECTION 14 of the TOUS. 

Opt-Out: YOU CAN CHOOSE TO REJECT THIS ARBITRATION AGREEMENT (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO GIVEAWAYARBITRATIONOPTOUT@FABFITFUN.COM (“OPT-OUT NOTICE”) OR VIA US MAIL TO: FabFitFun, Inc., 700 N.San Vicente Blvd., Los Angeles, CA 90069, USA. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ENTER THE CONTEST. 

In order to opt-out, you must include in your Opt-Out Notice your name, address (including street address, city, state, and zip code), and email address(es) or social media handle used to enter the Contest and an unaltered digital image or copy of a valid driver’s license or government-issued ID which matches the name you provide. Each opt-out notice may opt out only one person; opt-out notices that attempt to opt out multiple people at the same time will be ineffective.  This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out, all other parts of these Official Rules and any other agreements between you and FabFitFun will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Social Media Platforms: This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, YouTube or Twitter (each a “Social Media Platform”). Each entrant hereby releases the Social Media Platform(s) from any liability in connection with participation in this Contest. All submissions must comply with the Social Media Platforms’ terms of use.

Contest Sponsor and Winner Information: This Contest is sponsored by: FabFitFun, Inc. located at 700 N. San Vicente Blvd., 7th Floor, Green Building, Los Angeles, CA 90069. Except as limited by law, the names of winners will be available upon request, at no charge, by contacting FabFitFun at VIP@FabFitFun.com, or by sending a self-addressed stamped envelope to FabFitFun at the address above, Attn: Contest.

Severability: If any provision of the Official Rules is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from these Official Rules, (2) the remainder of the Official Rules will be given full force and effect, and (3) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Official Rules.