Nature Blackout Program
PROGRAM TERMS AND CONDITIONS
1. Eligibility: Nature Blackout Program ("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: The Burt's Bees Products Company ("Sponsor"), 210 W Pettigrew Street, Durham, NC 27701. Charitable Organization: National Geographic Society, 1145 17th Street, N.W., Washington, DC 20036.
3. Charitable Purpose: The money raised through this Program will help the National Geographic Society further its charitable purpose of increasing and diffusing geographic knowledge while promoting conservation of the world’s cultural, historical and natural resources, including awarding grants to further understanding of our planet and generate solutions for a healthier and more sustainable future. Through this Program, Sponsor will provide the National Geographic Society with a monetary donation of up to $150,000, based on the number of Qualifying Pledges submitted, to support its charitable purposes and programs. Visit https://www.nationalgeographic.org/ for further information about the National Geographic Society.
4. Timing: The Program begins on September 23, 2019 at 12:00 p.m. Eastern Time ("ET") and ends on October 31, 2019 at 11:59 a.m. ET, or when the $150,000 goal has been reached, whichever comes first ("Program Period").
5. How to Participate: During the Program Period, visit https://www.burtsbees.com/changefornature and follow the links and instructions to choose one (1) of five (5) pledges and take it by submitting your full name and email address (“Qualifying Pledge”).
For each Qualifying Pledge, Sponsor will donate $10.00 to the Charitable Organization, up to a maximum donation of $150,000.
Limit: one (1) Qualifying Pledge per person during the Program Period.
6. Donation Terms: No later than 30 days after the conclusion of the Program Period, Sponsor will calculate the number of Qualifying Pledges, and will thereafter provide Charitable Organization with a monetary donation of up to $150,000 and a final accounting. Information concerning the Charitable Organization, including financial, licensing and charitable purpose information, may be obtained without cost by writing to the Charitable Organization at the address in Section 2 above.
7. Release: By participating, participant agrees to release and hold harmless Sponsor, HelloWorld, Inc., Charitable Organization, 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, Charitable Organization’s and their respective agents’ use of his/her name, likeness, photograph, Pledge, 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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