Erin Condren Design
#ECSurpriseBox Promotion
Official Rules  

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.  

 

  1. Eligibility:  Except where prohibited by law, the #ECSurpriseBox Promotion (the “Promotion”) is open only to legal residents of the 50 United States, the District of Columbia, and legal residents of all provinces and territories in Canada (excluding residents of Quebec) who are the age of majority or older (18 years of age in most jurisdictions) as of the date of entry.  Employees, contractors, directors, and officers of the sponsor, EC Design, LLC (“Sponsor”), and its subsidiary and affiliated companies, distributors and licensees, advertising or promotion agencies, and their immediate family members (parent, child, sibling, and spouse of each), and those living in the same household of each are not eligible to enter or win.  Other eligibility requirements and conditions of participation are set forth below in these official rules for the Promotion (“Official Rules”).  All federal, state, provincial, municipal, and local laws and regulations apply.  Void where prohibited by law.  SPONSOR RESERVES THE RIGHT TO WAIVE ELIGIBILITY REQUIREMENTS IN ITS SOLE DISCRETION, INCLUDING RESIDENCY EXCLUSIONS. 

 

  1. Entry Period:  The Promotion begins at 12:01 a.m. Pacific Time (“PT”) on March 4, 2017 and ends at 11:59 p.m. PT on March 31, 2017 (the “Entry Period”).          

 

  1. How to Enter:  To enter, you must: 

(a) Log on to your YouTube account (www.youtube.com). If you are not already a member of youtube, download and install the free YouTube application and register for a free YouTube account. 

 (b) To enter, you must capture the essence or spirit of the Promotion theme, which is to showcase the awesome contents of the Seasonal Surprise Box, from your point of view in a video (“Video”) and then share that original Video by uploading it on YouTube, and using the hashtag “#ECSurpriseBox in the video title.  To be entered in the Promotion, follow Sponsor on YouTube (using erincondren.com), like the post and upload the Video in the comments to the post (each an “Entry” and collectively, “Entries”).  Each eligible person completing the entry process and uploading a Video onto Youtube will be entered in the Promotion (“Entrant”). 

(d) Entrants are not required to maintain their “subscribed” status of the Sponsor’s YouTube account, and may unfollow the Sponsor’s TouTube account at any time after entry. 

 

  1.  Entry Conditions:  Entries must be submitted during the Entry Period to be eligible for the Promotion.  Limit of one Entry per person.  Any attempts by an Entrant to submit more than one Entry for him/herself into the Promotion will result in such Entries being disqualified.  Participation in the Promotion is voluntary and does not require you to purchase anything from the Sponsor. Submitted Entries will not be acknowledged.  In the event of a dispute over the identity of an online Entrant, the Entry will be deemed submitted by the authorized account holder of the YouTube account associated with the Entry.  Authorized account holder is defined as the person assigned to the account by YouTube.  Neither Sponsor, nor any telephone network, nor any service provider is responsible for incorrect transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website or online service, or any other error or malfunction, or late, lost, illegible, incomplete, damaged, or misdirected entries or entries not properly forwarded to Sponsor. 

 

  1. Video Conditions: Videos that are deemed by the Sponsor, in its sole discretion, to be offensive, immoral, obscene, profane, defamatory, not keeping with the image of the Sponsor, or in violation of these Official Rules will be void.  Further, all Videos that contain copyrighted or other proprietary materials for which the Entrant has not obtained appropriate assignment of rights, as well as any content that disparages or portrays the Sponsor in a negative light will be void.  A Video submitted in this Promotion may not include any other identifiable individual other than the individual participant unless prior express consent is obtained from such individual. 

 

  1. Use of Video:  By entering, each Entrant warrants and represents that (a) the Video is the original work of the Entrant and does not infringe the intellectual property, privacy, confidentiality or publicity rights or any other legal rights of any third party; (b) the Entrant owns or otherwise controls all rights to the Video submitted by the Entrant; and (c) the Video has not been entered into or won any previous contests or awards and has not been published or distributed previously in any form of media.  By entering this Promotion, each Entrant unconditionally and irrevocably grants a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable license to Sponsor and its successors or assigns to use, reproduce, distribute, display, and create derivative works of the Video for any purpose now and hereafter as they so desire.  Each Entrant further warrants and represents any person or entity pictured in the Video has agreed to be featured and for the Video to be posted on YouTube, and must also have agreed to the Video being entered in the Promotion and each Entrant further warrants and represents that applicable consents have been obtained. By posting a Video in this Promotion, Entrant grants Sponsor the right to use, publish, adapt, edit and/or modify such Video in any way, in whole or in part, and to use such Video alone or in combination with other works, as solely determined by Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, without limitation or compensation to the Entrant and without right of notice, review, or approval of any such use of the Video.  

 

  1. Prize and Approximate Retail Value (“ARV”): There will be 1prize ( “Prize”) awarded in this Promotion.  The Prize will consist of one Seasonal Surprise Box. The winning Video will be featured on the Sponsor’s YouTube account. The total ARV of all Prizes in this Promotion is $35.

 

  1. Prize Conditions:  All costs associated with acceptance or use of the Prize, are the sole responsibility of the Winner.  The Winner may waive his/her right to receive a Prize.  A Prize is non-transferable, non-exchangeable, non-refundable and has no cash value, and must be accepted by the Winner as awarded.  A Prize may not be upgraded, and no substitutions by the Winner will be allowed, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize for one of equal or greater value if the designated Prize should be unavailable for any reason.  

 

  1. Winner Selection:  After the Entry Period, a judge or panel of judges (“Judges”) appointed by the Sponsor will review each of the Videos that are properly submitted during the Entry Period.  Upon submission into the Promotion, a Video will be eligible to be selected a Winner , except that a Video may only be selected a Winner one time.  All Videos submitted during the Entry Period will be eligible for the Prize awarded.  The Judges will review the Videos and then rank the Videos based upon the following criteria: (a) passion (25%); (b) originality (25%); and (c) creativity (50%).  The top-ranked Video, as determined by the Judges in their sole discretion, will be the Winner of the Promotion.  The Winner will be announced within seven days after the Judges’ selection.  If the Winner resides in Canada, before being confirmed as a Winner, the selected Entrant must correctly answer unaided, a time limited mathematical skill-testing question administered by email or telephone.  

 

  1. How to Claim Your Prize:  Winners will be contacted by a representative from the Sponsor within seven days after being selected a Winner.  A Winner will be notified by direct messaging to their account on YouTube.  In the event that a Winner cannot be contacted within seven days after Sponsor first attempts to contact the Winner, as determined by Sponsor in its sole discretion, or a Winner rejects a Prize, the Prize will be forfeited and an alternate Winner may be selected.  At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (a) potential Winner’s failure to timely respond to the notification; (b) the return of the notification as undeliverable; or (c) any other non-compliance with the Official Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.  The Sponsor shall not be responsible or liable for any failure by a potential Winner to accept the Prize for any reason. 

 

  1. Odds of Winning:  The odds of winning a Prize in this Promotion depend upon the number of eligible Entries received during the Entry Period and the quality of the Video. 

 

  1. Prize Delivery: The Prize will be delivered to the Winner in March 2017 after Sponsor verifies the Winner’s eligibility to enter and to win this Promotion.  The Prize will be shipped to the Winner when Sponsor’s next Seasonal Surprise Box is ready for shipment, which is anticipated to be in March 2017.

 

  1. Conditions, Disclaimers, and License:  By entering the Promotion, each Entrant agrees that: (a) he or she will abide by and be bound by these Official Rules; (b) he or she will adhere to Youtube’s Terms and Conditions; c) the Entry will not be acknowledged by Sponsor; (d) YouTube and Sponsor or any of its affiliated companies or the advertising and promotional agencies affiliated with Sponsor or those affiliated companies, or any of their officers, directors, employees, agents or representatives (collectively, Sponsor’s “Affiliates”) are not responsible for claims, injuries, death, losses or damages of any kind resulting from participation or inability to participate in the Promotion, or the awarding, acceptance, use, misuse, possession, loss or misdirection of a Prize; (e) Sponsor is not responsible for any inability of the Winner to accept the Prize for any reason; and (f) by entering the Promotion, all Entrants further agree that Sponsor has the sole right to decide all matters relating to the Promotion, including fact, interpretation, eligibility, procedure, fulfillment, and disputes from the Promotion. Neither Sponsor nor its Affiliates are responsible for (i) any typographical or other errors in the printing of the promotion materials or the offering or announcement of the Prize, (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, (iii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iv) communications line, hardware and/or software failures, or (v) damage to any computer (software or hardware) resulting from participation in the Promotion.  

 

Although Sponsor attempts to ensure the integrity of the Promotion, neither Sponsor nor any of the Affiliates are responsible for the actions of Entrants or other individuals in connection with the Promotion, including attempts by Entrants or other individuals to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion.  If, for any reason, the Promotion is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Promotion, Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules, and/or to cancel, terminate, modify or suspend all or any part of the Promotion, and in the event of cancellation or termination, to select a Winner from among all eligible non-suspect Entries received up to the time of such cancellation, termination, modification, or suspension, as applicable.  If the Promotion is terminated by Sponsor as set forth above, Sponsor will post notice of such termination on its website.  Inclusion in such drawing will be each Entrant’s sole and exclusive remedy under such circumstances.  Proof of submitting an Entry will not be deemed receipt of such Entry by Sponsor.  Sponsor reserves the right to shorten or extend the Entry Period in its sole discretion.    

 

  1. Release and Indemnification:  BY ENTERING THE PROMOTION, ENTRANTS RELEASE AND HOLD SPONSOR, ITS AFFILIATES, AND YOUTUBE HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHT, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, ACCESS TO ANY MATERIALS, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. 

 

Each Entrant agrees to defend, indemnify and hold harmless the Sponsor and its Affiliates from any and all claims, liabilities, damages, expenses and costs (including legal fees) brought or asserted by or on behalf of any third party against the Sponsor or its Affiliates arising from or related to the Entrant’s Video infringing or allegedly infringing a third party’s intellectual property rights, publicity, privacy or confidentiality rights, or defaming or otherwise causing harm to a third party.  

 

  1. Miscellaneous: 

(a) Privacy: Information submitted in connection with the Promotion will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy (as may be amended from time to time), currently available at https://www.erincondren.com/terms-and-conditions; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.  

(b) Publicity Release: Except where prohibited, by accepting the Prize, the Winner grants permission for Sponsor and its agents to use his/her name, voice and/or likeness, for advertising, merchandising, promotion and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation. 

(c) Applicable Law: The Promotion, and any disputes that may arise hereunder, shall be governed in all respects by the laws of the state of California without regard to the conflicts of laws principles of any jurisdiction.  Venue with respect to any such disputes shall be had in the courts located in Los Angeles, California.  

 

  1. Official Rules:  By participating in the Promotion, each Entrant fully and unconditionally agrees to and accepts these Official Rules and decisions of the Sponsor, which are final and binding in all matters relating to the Promotion.  The Promotion will be run in accordance with the Official Rules, subject to amendment by Sponsor.  Each Entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Promotion.  The terms of the Promotion, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein.  If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. 

 

  1. Sponsor: The Promotion is sponsored by EC Design, LLC, 4860 West 147th Street, Hawthorne, CA 90250. 

 

  1. Winners List: For the Winners List, send a self-addressed, stamped envelope to: EC Design, LLC, Attn: Winner List #ECSurpriseBox Promotion, 4860 West 147th Street, Hawthorne, CA 90250 within 90 days after the end of the Entry Period.  

 

  1. Disclaimer: The Promotion is in no way sponsored, endorsed, or administered by, or associated with YouTube.