By participating in this Contest, entrants accept and agree to be bound by the following Official Rules:
NO PAYMENT OF ANY KIND IS NECESSARY TO ENTER THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
BINDING AGREEMENT: In order to enter the Contest, you must agree to the Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Official Rules. You may not submit an entry to the Contest and are not eligible to receive the prize described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and Sponsor with respect to the Contest.
SPONSOR & ADMINISTRATOR. The “#MiNewCar Giveaway” (the "Contest") is sponsored and administered by Mielle Organics, LLC, 8707 Louisiana Street, Merrillville, Indiana 46410 (the "Sponsor").
ELIGIBILITY. Eligibility for the Contest is open to natural persons who are legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older, and is or will be enrolled at a HBCU (Historically Black Colleges and Universities) as a student in the Fall semester of 2020 (August – December), or Spring semester of 2021 (January – May). Employees, officers, and directors of Sponsor (including affiliates and advertising agencies and sweepstakes administrators, and any third party organization Sponsor may be working with on the Contest) and their immediate families (spouse, parents, children, siblings, and their respective spouses) and household members are not eligible to enter. This Contest is void outside of the 50 United States and District of Columbia, and where otherwise prohibited or restricted by law. All applicable federal, state, and local laws and regulations apply.
THE CONTEST PERIOD. The Contest begins on August 1, 2020, and entries will be accepted until August 31, 2020. The period for entering the Contest begins at 9:00 a.m. Central Standard Time (CST) on August 1, 2020, and ends at 11:59 p.m. CST on August 31, 2020 (the "Contest Entry Period").
HOW TO ENTER.To enter the Contest, Participants must be eligible, must comply with these Official Rules, and must submit a proper entry of the Participant’s submission during the Contest Entry Period. Participants may submit only a single Entry. Once entered in the Contest, it is solely the responsibility of each Participant to ensure the contact information we have for you is current.Sponsor is not responsible for any failure to contact you if the contact information is not current or correct.Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. If you use fraudulent methods or otherwise attempt to circumvent the rules, your Entry may be removed from eligibility at the sole discretion of Sponsor.
VIDEO REQUIREMENTS. The Entrant’s video uploaded for participation in this Contest must meet the following criteria ("Video Requirements"):
The video must complete the sentence, “Mielle I need #MiHBCUStudent Giveaway because…”
Must be between two to four minutes in length.
Must be filmed in 1080p quality or better.
The use of natural light or complementary studio lighting.
It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory, in any way, or otherwise does not comply with the theme and spirit of the Contest or Sponsor’s values.
It must not contain any content, material, or element that displays, any third party advertising, slogan, logo, trademark, representation of characters indicating a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
It must be original, unpublished works that does not contain, incorporate, or otherwise use any content, material or element that is owned by a third party or entity.
It must not contain any content, element, or material that violates a third party's publicity, privacy, or intellectual property rights. Specifically, any music used within the video must be copyright free.
It must not be the subject of any actual or threatened litigation or claim.
It must not contain any disparaging remarks relating to the Sponsor or a third party.
The video must be uploaded to Instagram tagging @mielleorganics with the hashtag #MiHBCUStudent Giveawayin the caption.
VIDEO ENTRY REVIEW. All Entrant videos will be reviewed by Sponsor to ensure that they meet the Video Requirements. The Sponsor reserves the right to, in its sole discretion, disqualify any Entrant who submits a video that does not meet the Video Requirements.
WINNERS SELECTION/ANNOUNCEMENT.Sponsor will select five (5) Winners out of all eligible Entrants, and will announce the Winners on September 4, 2020.
NOTIFICATION OF WINNER.Each potential Winner will be selected and notified by telephone and/or email, at Sponsor's discretion. If a potential Winner does not respond to the notification attempt within twenty-four (24) hours from the first notification attempt, then such potential Winner may be disqualified, and an alternate Entrant may be selected from among all eligible entries received. With respect to notification by telephone, such notification will be deemed given when a message is left on the potential Winner's voicemail service or answering machine by the Sponsor. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.
PRIZES. Subject to the terms and conditions of these Official Rules, five (5) Prizes will be awarded to be used as Scholarships. Each Scholarship to be awarded consists of and is limited to a ten thousand dollars ($10,000.00) maximum total value non-renewable tuition to any HBCU, for attendance to begin no earlier than August 2020 and no later than April 1, 2021. Scholarship funds will be paid directly to the institution and not the Prize Winner. Scholarships are not renewable and are a one-time only scholarship. If a Prize Winner does not enroll in and commence classes before April 1, 2021, Sponsor may, in its sole discretion, deem the entire Scholarship forfeited, in which case, no consideration will be paid to the Prize Winner. Unused portions of a Scholarship will also be forfeited, in which case, no consideration will be paid to the Prize Winner. Scholarships are subject to the terms, conditions, limitations, and restrictions thereof imposed by Sponsor which may be in addition to those described above.
If a Prize Winner is unable to enroll and attend during the required semesters due to an emergency situation, Prize Winner must write to Sponsor a formal letter explaining the unforeseen emergency which will prevent Sponsor from attending the scheduled semester for which the Scholarship would apply. Sponsor may, at its sole discretion, decide to extend the time period for which such Scholarship must be used. Should Prize Winner be granted an extension under these circumstances, the Winner must enroll and attend classes at an HBCU within one (1) calendar year of the announcement date for the Prize Winners.
Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. A Prize must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No other prize substitutions will be permitted at Sponsor’s sole discretion. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. In order to receive the Prize, Winner must submit tax documentation requested by Sponsor or otherwise required by law, to Sponsor or a representative for Sponsor or the relevant tax authority, all as determined by applicable law. Acceptance of the Prize constitutes permission for Sponsor to use Winner’s name, likeness, and Entry for purposes of advertising and trade without further compensation, unless prohibited by law.
GENERAL RULES. All federal, state, and local laws and regulations apply. Sponsor reserves the right to disqualify any Entrant from the Contest if, in Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants or Sponsor.
INTELLECTUAL PROPERTY RIGHTS. By entering this Contest, Entrant understands and agrees that Sponsor, anyone acting on behalf of Sponsor, licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. If the submitted video of Entrant is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, Entrant shall, at its sole expense, defend or settle against such claims. Entrant shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
PUBLICITY.By entering the Contest, Entrant agrees to participate in any media or promotional activity resulting from the Contest as reasonably requested by Sponsor at Sponsor’s expense and agrees and consents to use of their name and/or likeness by Sponsor. Sponsor will contact Entrants in advance of any Sponsor-sponsored media request for interviews.
WARRANTY AND INDEMNITY.Entrant warrants that his/her video is his/her own original work and, as such, is the sole and exclusive owner and rights holder of the submitted video and that Entrant has the right to submit the video in the Contest and grant all required licenses. Entrant agrees not to submit any video that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from: (i) any video or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Official Rules; (iv) claims brought by persons or entities other than the parties to these Official Rules arising from or related to Entrant's involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest website in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
DISQUALIFICATION. Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate disqualification of the entrant from the Contest.
INTERNET AND DISCLAIMER.Sponsor is not responsible for any malfunction of the entire Contest website or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed videos or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant's/consumer's ability to participate/vote respectively. Sponsor is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant's eligibility to participate in the Contest.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest website. Any attempt by an Entrant to deliberately damage any website, including the Contest website, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT.Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with either Sponsor. Entrant acknowledges that participation in the Contest is voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Sponsor, and that no such relationship is established by Entrant's Entry under these Official Rules.
APPLICABLE LAWS AND JURISDICTION.THIS Contest IS GOVERNED BY THE LAWS OFthe State of Illinois, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Illinois having jurisdiction. Further, in any such dispute, under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Entrant further waives all rights to have damages multiplied or increased.
WINNERS LIST:To obtain a copy of the Winners’ names or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Mielle Organics 8707 Louisiana Street, Merrillville, Indiana 46410.