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Tom's of Maine: 50 States for Good Program (the "Sweepstakes") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Tom's of Maine, Inc., Cohn & Wolfe, Inc., VML, Inc., HelloWorld, Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning an opportunity to select a charity that will receive a donation is contingent upon fulfilling all requirements set forth herein.
Tom's of Maine, Inc., 302 Lafayette Center, Kennebunk, ME, 04043. Administrator: HelloWorld, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
The Sweepstakes begins on July 15, 2015 at 12:00 a.m. Eastern Time ("ET"), ends on August 26, 2015 at 11:59 p.m. ET (the "Promotion Period") and consists of fifty-two (52) individual donation pools (each a "Donation Pool"). There is one (1) Donation Pool per U.S. state (including Washington, D.C.) and one (1) Donation Pool for those who have an eligible UPC code, as described in Section 4. VML, Inc.'s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter:
There are three (3) ways to enter the Donation Pool for any U.S. state (including Washington, D.C.), and there is one (1) way to enter the UPC Code Donation Pool during the Promotion Period:
You will need to use your Twitter account. Creating a Twitter account is free, but is subject to the applicable terms and conditions (https://twitter.com/tos). If entering via a mobile phone or other web-enabled device and using your wireless carrier's network, standard data charges from your wireless carrier may apply. Your account settings on Twitter must be set to "unprotected" and/or "public" in order for your Tweets to be viewable by Sponsor. Take the following actions to receive one (1) entry into the drawing for the Donation Pool that corresponds with your state or district:
You will need to use your Instagram account. Creating an Instagram account is free, but is subject to the applicable terms and conditions (http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile phone or other web-enabled device and using your' wireless carrier's network, standard data charges from your wireless carrier may apply. Your account settings on Instagram must be set to "unprotected" and/or "public" in order for your posts to be viewable by Sponsor. Take the following actions to receive one (1) entry into the drawing for the Donation Pool that corresponds with your state or district:
Visit 50StatesforGood.com and follow the links and instructions to complete and submit the registration form including your first and last name, phone number, state of residence, valid email address, and a description (not to exceed 150 characters of one way you would help your community. You will automatically receive one (1) entry into the drawing for the Donation Pool that corresponds with your state or district. In your entry, do not include the names or images of (1) people unless you have permission from the individuals who are mentioned in the content to use their names and likenesses and to grant the rights set forth herein; (2) organizations that are not the subject of your nomination; and (3) places, excluding the city and/or state in which the nominated non-profit organization is located. Limit: You may enter the Donation Pool for any U.S. state (including Washington, D.C.), one (1) time per day by any method. Each entry must be unique. Sponsor reserves the right to disqualify and/reject duplicate entries.
5. Sponsor's use of Entrant's Content:
Uploading or posting content constitutes entrant's consent to give Sponsor, its designees, successors, assigns and licensees a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display the entry and all elements embodied therein, along with the entrant's name, social media user name, hometown and state of residence and likeness or photograph (including, without limitation, entrant's social media profile photo), in any manner, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for advertising, promotional, marketing and other purposes, without further payment or consideration, notification or permission. If requested, entrant will sign any documentation required for Sponsor or its designees successors, assigns and licensees to make use of the non-exclusive rights entrant is granting to use the content. Released Parties are not responsible for lost, late, stolen, incomplete, inaccurate, invalid, un-intelligible, garbled, delayed or misdirected entries, all of which will be void.
Multiple entrants are not permitted to share the same email address or social account. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address or social account used to register will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winner for each Donation Pool from all eligible entries received during the Promotion Period, on or around September 2, 2015. The potential winners will be notified by email, Twitter Direct Message, or Instagram Direct, as applicable. Each potential winner will be required to complete Declaration of Compliance, Liability and (where not prohibited) a Publicity Release ("Declaration") and nominate a 501(c)(3) charitable organization and provide the name and contact information (if available) for the organization nominated within five (5) days of the date notice or attempted notice is sent. All nominated charities must be valid 501(c)(3) tax exempt organizations which are community based and are not national organizations, in good standing and support positive community based programs, as determined by Sponsor in its sole discretion. Upon approval from Sponsor of the selected 501(c)(3) charitable organization, each charitable organization will be notified and offered the Grant, which will be made directly by Sponsor to the charity. To accept the Grant, each charitable organization will be required to complete and return a Declaration of Compliance (including evidence of organizations 501(c)(3) tax exempt status), Liability and (where not prohibited) a Publicity Release ("Declaration") which must be received by Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim the Grant. If either the potential winner or its nominated charitable organization cannot be contacted, fails to sign and return the Declaration or provide any of the requested information within the required time period (as applicable), or the Grant is returned as undeliverable, the selected charitable organization forfeits the Grant. Receiving a Grant is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will select an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the applicable Grant may remain un-awarded.
7. Charitable Donation Prizes:
FIFTY-TWO (52) CHARITABLE DONATIONS (one (1) per Donation Pool): Winners will each nominate one (1) 501(c)(3) charitable organization and upon review and approval based on the above criteria, Sponsor will make a $20,000 grant donation, fulfilled as a check, in winner's honor. Retail Value of each Grant: $20,000.
Each potential grant recipient must be able to demonstrate valid and current 501(c)(3) tax exempt status to Sponsor's reasonable satisfaction. Grants are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Odds of being selected to win the opportunity to help direct the Sponsor's donation depends on the number of eligible entries received for the applicable Donation Pool during the Promotion Period. Donations will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes. Total value of all Charitable Grants: $1,040,000. Limit: One (1) Charitable Donation Prize per charity.
Winners and any charity receiving a donation hereby agree to release, indemnify and hold harmless Sponsor, Cohn & Wolfe, VML, Inc., Twitter, Inc., Instagram, LLC, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, infringement of third parties' intellectual property rights, right of publicity, right to privacy, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or the receipt or use of any Grant.
Except where prohibited, participation in the Sweepstakes constitutes each winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, biographical information, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration and in perpetuity. Winners may be asked to sign a photo release form.
10. General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, 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 entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded 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 Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, 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.
All decisions of the Sponsor, Sweepstakes administrator and the judges regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical or printing or other errors, administration of the Sweepstakes, the announcement of the Prizes or other inadvertent errors in these Official Rules or other materials relating to the Sweepstakes.
14. Entrant's Personal Information:
15. Winner List:
For a winner list, visit http://bit.ly/1APlvtg. The winner list will be posted after winner confirmation is complete.
© 2015 HelloWorld, Inc. All rights reserved.
This promotion is not sponsored, endorsed or administered by Twitter, Inc. or Instagram, LLC.