PROGRAM TERMS AND CONDITIONS
1. Eligibility: #BringBacktheBees ("Program") is open to legal residents of the fifty (50) United States and D.C., eighteen (18) years old or older. Void where prohibited.
2. Sponsor: Burt's Bees, Inc. ("Sponsor"), 1221 Broadway, Oakland, CA, 94612. Charitable Organization: The Burt’s Bees Greater Good Foundation (dba The Burt’s Bees Foundation), 501 Silverside Road, Suite 123, Wilmington, DE 19809
3. Charitable Purpose: The money raised through this Program will help The Burt’s Bees Foundation to continue its efforts to help local farmers plant bee-friendly wildflower seeds in selected states in the United States. Through this Program, Sponsor will provide The Burt’s Bees Foundation with a monetary donation of up to $50,000 to be used to plant wildflower seeds (creating bee-friendly habitats). Visit http://www.burtsbees.com/Outreach/sustain-community,default,pg.html/ for further information about The Burt’s Bees Foundation.
4. Timing: The Program begins on March 27, 2017 at 12:00 p.m. Pacific Time ("PT") and ends on May 7, 2017 at 11:59 a.m. PT, or when the goal has been reached, whichever comes first ("Program Period").
5. How to Participate: During the Program Period, visit bringbackthebees.burtsbees.com and follow the links and instructions to take a selfie and apply a Burt’s Bees filter to it (“Selfless Selfie”).
For each Selfless Selfie, Sponsor will donate $.50 to The Burt’s Bees Foundation to be used to plant wildflower seeds (creating bee-friendly habitats) (up to $50,000 in total donations).
Limit: Sponsor will only make donations for one (1) Selfless Selfie per person per day during the Program Period.
Selfless Selfies may not:
• be indecent, obscene, offensive, inappropriate, hateful, tortious, defamatory, slanderous or libelous;
• contain material that violates or infringes another’s rights;
• may not disparage Sponsor, The Burt’s Bees Foundation or any other person or party affiliated with the Program;
• contain material that is unlawful in any way; or
• contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
The person who submits the Selfless Selfie must have permission from any recognizable individuals who appear in the Selfless Selfie to use their names and likenesses in the Selfless Selfie and to grant the rights set forth herein. Minors may only be included in the Selfless Selfie if person who submits the Selfless Selfie is their parent or legal guardian.
Sponsor reserves the right to disqualify any Selfless Selfie in violation of these Terms and Conditions.
6. Donation Terms: No later than 90 days after the conclusion of the Program Period, Sponsor will calculate the number of qualifying Selfless Selfies and will provide The Burt’s Bees Foundation with the monetary donation of up to $50,000. Information concerning The Burt’s Bees Foundation, including financial, licensing and charitable purpose information, may be obtained without cost by writing to The Burt’s Bees Foundation at the above address.
7. Release: By participating, participant agrees to release and hold harmless Sponsor, HelloWorld, Inc., The Burt’s Bees Greater Good Foundation’s (dba The Burt’s Bees Foundation), and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and suppliers, and each of their respective officers, directors, employees and agents (collectively, “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Program.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Program, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Program or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages (including attorneys’ fees) and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
9. Publicity: Except where prohibited, participation in the Program constitutes each person’s consent to Sponsor’s, The Burt’s Bees Greater Good Foundation’s (dba The Burt’s Bees Foundation) and their respective agents’ use of his/her name, likeness, photograph, Selfless Selfie, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, typographical, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, or lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions; (3) unauthorized human intervention in any part of the Program; (4) other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, mechanical, or human error or otherwise, which may occur in the administration of the Program, or in any Program-related materials; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program.
11. Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, and in no event will entrant be permitted to obtain attorneys’ fees or other legal costs; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
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