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Joy at Work Contest: Official Rules

Eligibility: Contest open to legal residents of the 50 United States and the District of Columbia who are 18 and older as of April 30, 2020.  Employees of Hachette Book Group, Inc. (“Sponsor”), Mari Kondo and Scott Sonenshein (collectively the “Author”), Instagram, and their respective parents, subsidiaries, affiliates, retailers, suppliers, distributors, advertising/promotion agencies (collectively, “Contest Entities”) and their immediate family members (spouses, mothers, fathers, brothers, sisters, sons, daughters  and their respective spouses, regardless of where they reside) and/or those living in the same household of such employees, whether or not related, are not eligible to enter or win.  Contest is void where prohibited by law.

 

  1. Submission Period: The Contest’s submission period for all entries is between 12:01 am Eastern Time (“ET”) on May 4,2020 and 11:59 pm ET on May 15, 2020 (“Submission Period”).

 

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

 

To enter, entrants must: (a) have an Instagram account before April 30, 2020 to enter, (b) “follow” @littlebrownspark on Instagram through the end of the Submission Period, (c) take an original photo of your “Work From Home Space” or “Place of Productivity” (“Photo”), and; (d) upload the Photo to your Instagram feed as described in Section 4 below using the hashtag #JoyatWorkContest in the caption copy (collectively, the “Submission”). All entrants must have a valid, public Instagram account during the Submission Period.

 

Each entrant will get one (1) entry per person/household. No automated entry devices and/or programs permitted.  All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entries are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.

 

Each entrant entering this Contest acknowledges and agrees that use of Instagram is subject to Instagram’s Terms of Use (https://help.instagram.com/478745558852511), Privacy Policy (https://help.instagram.com/155833707900388) and any other relevant rules, policies or regulations (collectively, “Instagram’s Terms”).

 

  1. Submission Requirements: Each Submission that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below:
  • The Photo must include the phrase “#JoyAtWorkContest’’
  • A photo of the Submission must be uploaded onto entrant’s Instagram account using the hashtag #JoyatWorkContest.
  • Use only original Picture- no third party owned copyrighted and/or trademarked material, photos or other materials, such as images from the internet and no digital alterations or derivatives of third-party materials;
  • No photos, illustrations or names of real people may be used on the Submission.
  • User must follow @littlebrownspark on Instagram from the time of entry through the end of the Submission Period to be notified of winning
  • User’s Instagram account must be public account in order to be considered from the time of entry through the end of the Submission Period.

 

By entering into this Contest, each entrant represents and warrants that (i) his or her Submission is original; (ii) he or she is the sole creator of the Submission; (iii) that the Submission does not violate the rights of any third party or infringe or violate any law and, as of the date of the Submission, is not the subject of any actual or threatened litigation or claim; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic or obscene.  Note: Sponsor reserves the right, in sole discretion, to disqualify any Submission in the Contest if Sponsor views the Submission as potentially infringing, a violation or potential violation of a third party’s rights, or if it deems the Submission to be lacking in taste or quality, or to be otherwise objectionable.

 

  1. Use of Submissions: Sponsor shall have the right to use the winning submissions for any and all uses throughout the world, in perpetuity, for any purpose. Sponsor will have the right to edit, modify, alter, and copy the winning submissions, in its sole discretion. Sponsor has no obligation to use the Prize-winning submission for any purpose. Sponsor may post some or all Submissions along with the entrant’s first name and/or entrant’s state of residence on any of its social media pages, accounts and/or websites, including, but not limited to: www.instagram.com/littlebrownspark. The posting of a Submission is not required for, or an indication of, a Submission’s winning status.

 

  1. Winner Selection: On or about May 18, 2020, ten winners will be selected by a panel of judges, consisting of the Publisher at Little Brown Spark and the Marketing Director at the Little Brown Spark (the “Judges”), from among all eligible Submissions using the following criteria:
    1. 40% Adherence to Work from home Theme – a photo of your work-from-home space or current work desk area
    2. 30%: Originality/Creativity: Photo is an original thought or design, showcasing the artist’s unique interpretation of theme.
    3. 30%: Visual and Artistic Impact: The overall design and execution of the Photo has a lasting and memorable impact on the viewer that can stand on its own as a complete and otherwise appealing image.

 

Judges’ decisions will be final and binding in all matters related to this Contest.  In the event of a tie, the judges will reconsider the tied Submissions to determine ten winners. Sponsor reserves the right to not award the Prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.  Sponsor will not reveal the judging scores for any Submission.

 

  1. Winner Notification: Potential winner (and, if a minor, his/her parent and/or legal guardian) whose Submission has been selected as the winning entry, but who has not yet been verified as an official winner (“Potential Winner”), will be notified by Sponsor via Instagram’s direct messaging feature using the user name associated with the Submission on or about 10 business days after the Promotion End Date (“Notification Date”). Sponsor shall have no liability for any winner notification that is lost, intercepted, delayed, or not received by the Potential Winner for any reason.  Potential Winners may be required to execute and return an Affidavit of Eligibility, Copyright Assignment, Liability Waiver and, unless prohibited, a Publicity Release (“Prize Claim Documents”) within five (5) days of date of notification and receipt of Prize Claim Documents from Sponsor.  If Potential Winner does not respond to the initial notification within the time period stated, all required Prize Claim Documents are not returned within the specified time period (if applicable), prize notification is returned as undeliverable, or Potential Winner is not in compliance with these Official Rules, the applicable prize will be forfeited and, at Sponsor’s discretion, an alternate potential winner may be selected.

 

  1. Prize: Five (5) prizes are available. Each prize consists on one (1) signed hardcover copy of Joy at Work by Marie Kondo and Scott Sonenshein. The ARV of each prize is $24. The total ARV for all five (5) prizes is $120.

Winner (and, if a minor, his/her parent and/or legal guardian) will be responsible for all taxes that may become payable as a result of the prize (federal, state, city, sales), as well as the proper reporting or declaration of income and payment of taxes and related costs, including interest and/or penalties, to the appropriate governmental authority(ies).

 

  1. Further Documentation: If Sponsor shall desire to secure additional assignments or other documents in order to effectuate the purposes and intent of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request, therefore.

 

  1. General Prize Conditions: Prizes will be awarded only if Potential Winner fully comply with these Official Rules. No interest will be paid on any prize.  Prizes are non-transferable and non-assignable and non-cash prizes cannot be redeemed for cash.  All details and other restrictions of Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.  Sponsor reserves the right to substitute the Prize with a different method of payment due to any reason whatsoever.  Prizes are awarded “as is” with no warranty or guarantee, either express or implied.

 

  1. Publicity: By participating in the Contest, each entrant (and, if a minor, his/her parent or legal guardian) irrevocably grants the Contest Entities and their respective successors, assigns and licensee, the right to use such entrant’s first name, state or residence,  and Submission in whole or in part, in any and all media now or hereafter known, in any manner and together with other materials, for any purpose, including without limitation advertising and promotional purposes, as well as in, on or in connection with the Contest and/or other promotions conducted by the Contest Entities, worldwide in perpetuity, without further compensation or notice to or permission from entrant, and each entrant hereby releases the Contest Entities from any liability with respect thereto.  Contest Entities are not responsible for any unauthorized use of Submissions by third parties.  Sponsor has no obligation to make use of the rights granted herein.

 

 

  1. General Liability Release/Force Majeure: Entrant agrees that the Contest Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from acceptance, receipt, possession and/or misuse of the Prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact law, with respect to the Prize(s), including, without limitation, to such Prize’s quality or fitness for a particular purpose.  Contest Entities assume no responsibility for participation in the Contest or use of the Prize.  Contest Entities are not responsible for (i) lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Submissions or email or entry forms; (ii) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications; (iii) failed computer, satellite, telephone or cable transmissions, lines, or technical failure; (iv) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (v) other errors or difficulties of any kind, whether human, mechanical, electronic, computer, mobile device, network, typographical, printing or otherwise, relating to or in connection with this Contest, including, without limitation, errors in these Official Rules or errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the announcement of the Prize or in any Contest-related materials; (vi) any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; or (vii) injury or damage to any person’s computer related to or resulting from participating in this Contest.  Sponsor may, in its sole discretion, disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any person, and Sponsor reserves the right to seek damages (including attorneys’ fees) and other remedies from any such person the fullest extent permitted by law.

 

In the event Sponsor is prevented from awarding the Prize or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local governing law, order, regulation, public health crisis (e.g. Ebola), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest.  If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the a potential winner from all eligible, non-suspect Submissions received as of the date of the event of Force Majeure giving rise to the termination using the judging procedure set forth above or as otherwise deemed fair and appropriate by Sponsor.

 

These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

  1. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABLITIY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS  OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

 

  1. Data Collection: Information provided in connection with this specific Contest is subject to Instagram’s Terms (see paragraph 3) and will also be used in accordance with Sponsor’s privacy policy, available at http://www.hachettebookgroup.com/privacy-policy/.

 

  1. Winners List: To obtain a copy of any legally-required Winner List, send a self-addressed, stamped envelope to Joy at Work Contest Winner List, Hachette Book Group, Inc., 1290 Avenue of the Americas, New York, NY 10104 [Attn:  JC; 5-508].  All requests must be received by Sponsor within six (6) weeks after the end of the Submission Period.

 

  1. Sponsor: Hachette Book Group, Inc., 1290 Avenue of the Americas, New York, NY 10104 [Attn:  JC; 5-508].