HOORAE X Walmart #BlackAndUnlimited Creator Kit CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED

The HOORAE X Walmart #BlackAndUnlimited Creator Kit CONTEST (the “Contest”) will begin on January 24th, 2023 at 10:00 AM PT and end on January 31st, 2023 at 11:59 PM PT (“Contest Period”).

ELIGIBILITY: Open only to legal residents of the 50 United States and D.C. who, as of date of entry, are 18 years of age or older. Employees of Walmart &  HOORAE Productions, Inc (“Sponsor”) and their respective affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Parties”) and the immediate family members and/or those living in the same household of each are not eligible. Void where prohibited by law. Entrants must have a cellular phone or a two-way text-messaging capable device (collectively, the “Device”) and a valid email address as of January 23rd, 2023.

HERE’S HOW IT WORKS: The Contest offers creators the opportunity to create a video for a chance to receive a #BlackAndUnlimited creator kit. To enter during the Contest Period, creators must upload a video to TikTok or Instagram using #BlackAndUnlimited sharing what content they would make if they received one of the kits. Video is subject to all terms and conditions of the respective social platforms. 

SUBMISSION REQUIREMENTS: By uploading a Submission in the Contest:

Entrants hereby warrant and represent that the entire Submission meets the following requirements:

Submission cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;

Submission cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may be perceived to be unsafe or dangerous, or any particular political agenda or message;

Submission cannot be obscene or offensive, endorse any form of hate or hate group;

Submission cannot defame, misrepresent or contain disparaging remarks about any of the Promotion Parties, or their products, brands, programming, or other people, products or companies;

Submission cannot contain copyrighted materials owned by others (this includes musical “samples”);

Submission cannot communicate messages or themes inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and

Submission cannot depict, and cannot itself, be in violation of any law.

Entrants grant to the Promotion Parties a gratis, worldwide, perpetual, irrevocable, right and royalty-free license to use their Submission for purposes of determining whether they will be selected as a winner. Such right includes, without limitation, the right to transmit, store on Sponsor’s servers, download, display, perform, and distribute in any and all media the Submission for purposes of determining the winner;

Entrants agree that Promotion Parties shall have no obligation (express or implied) to use Submission in any manner and entrants shall not be entitled to any damages or other relief by reason of Promotion Parties use or non-use of entrants’ Submission;

Each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission submitted by entrant will be original to entrant; (c) no third party consents, permissions, or authorizations are necessary for entrant to submit the Submission to Sponsor; and (b) the Submission will not infringe on any rights of any third parties; and

Entrants agree to sign and deliver to Promotion Parties such documents as Promotion Parties may reasonably require to effectuate the rights granted herein. .

JUDGING: All Entries will be judged beginning on or about January 23rd, 202, to determine the winners, based on the following judging criteria: (25%) originality and creativity, (25%) quality, and (50%) thoughtfulness of equipment need & creative aspirations. Judging will be accomplished by Sponsor and/or its designees. In the event of a tie among Entries, the tied Entries will be rejudged in accordance with the Judging Criteria stated herein. Potential winners will be contacted by email and/or their Device, beginning on or about February 6th, 2022 and will be required to electronically complete a Declaration of Compliance, Release of Liability, Prize Acceptance Form and, where legally permissible, a Publicity Release and Assignment of Rights and/or a Master and Composition Buyout Agreement (“Prize Documents”) within 48 hours of attempted notification. Noncompliance within this time period may result in disqualification. Sponsor reserves the right to select fewer than the stated number of winners, in its sole discretion, if Sponsor does not receive a sufficient number of eligible and qualified Entries. Limit 1 prize per person. By entering this Contest, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use winners’ Submission, name, likeness, photos, public social media information and biographical information for commercial, advertising, promotional and other purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply. For each entrant that is NOT selected as a winner, such entrant may request in writing to pm@hoorae.co that Sponsor destroy entrant’s Submission. After receiving entrant’s request, Sponsor will have five (5) business days to destroy such Submission from Sponsor’s servers.

Prizes and Approximate Retail Values (“ARVs”): 2 – Winners – Creator Kits – valued at approximately $2000. All prizes are awarded “as is” without any warranty or guarantee of any kind. The ARV of any products listed are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prizes are awarded or redeemed. If the actual purchase price of a product listed is less than the ARV stated herein, the winner will not be entitled to a check, cash or other form of payment for the price difference. No substitution or transfer of any prize is permitted except at the sole discretion of Sponsor who reserves the right to substitute a prize, or prize component, for one of equal or greater value. All federal, state or other tax liabilities arising from participation in the Contest or accepting a prize will be the sole responsibility of the winners. Winners will be issued an IRS Form 1099 for the total ARV of their prize. Prize consists of only the items specifically listed as part of the prize and no additional transportation or accommodations will be provided. All expenses not specified herein are the responsibility of winners.

LIMITATION OF LIABILITY: By entering this Contest, entrants waive all right to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in this contest or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. The Contest and the prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

GENERAL TERMS AND CONDITIONS: By participating, entrants agree Promotion Parties are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) any condition caused by events beyond the control of Promotion Parties that may cause the Contest to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Contest; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest, acceptance, possession, or misuse of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Contest; by any human error which may occur in the processing of the entries in this Contest; or any typographical, technological, or other error in the publishing of the contest materials, administration of the Contest, or announcement of the prizes. If for any reason the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest and in the event of cancellation the winners will be determined based on the judging criteria (if enough eligible entries are submitted). Entrant agrees that all matters arising out of or relating to this Contest and these Official Rules are governed by, and construed in accordance with, the laws of Delaware, without giving effect to any of its conflict of laws provisions thereof. In the event a dispute arises cannot be resolved, such dispute shall be submitted to arbitration and resolved by a single qualified arbitrator in accordance with the rules of the American Arbitration Association (AAA). All such arbitration shall take place at the office of the AAA in San Francisco, California. The award or decision rendered by the arbitrator shall be final binding and conclusive and judgment may be entered upon such award by any court. Winners are solely responsible for any taxes on their respective prizes. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor and judges and waive any right to claim ambiguity in the Contest or these Official Rules. In the event of a conflict between these Official Rules and any other communication related to the Contest, these Official Rules should prevail.

PRIVACY: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

WINNERS LIST: To receive a winners list by email, send an email to: pm@hoorae.co with “#BlackAndUnlimited Creator Kit CONTEST” as the subject line. Requests must be received by March 10, 2023. Winners list will be sent after all prizes have been awarded.