Official Rules

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD (OR THE LOCAL AGE OF MAJORITY IN THE JURISDICTION WHERE THE PARTICIPANT RESIDES, IF HIGHER THAN 18).

VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Sponsor
• SpringRose, Inc, 534 3rd Ave, STE B PMB 1074, Brooklyn, NY 11215 (“Sponsor”)

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. You agree to release Instagram from all claims arising out of, or in connection with, this Contest. Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Instagram.

2. Eligibility
The SpringRose Holiday Photo Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older (or the local age of majority in the jurisdiction where the participant resides, if higher than 18) at the time of entry. Your use of the SpringRose website (“Website”) is subject to SpringRose’s Terms of Service (“Terms”). Void where prohibited or restricted by law.

The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of Sponsor, its parents, subsidiaries, affiliated companies, and marketing agencies, or of any other parties involved in the administration of the Contest (Sponsor, collectively with the foregoing, the “Contest Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Contest, entrants agree to be bound by these official rules (“Official Rules”), as well as the Terms and by the decisions of the Sponsor, which shall be final in all matters relating to the Contest. This Contest is subject to all applicable federal, state, and local laws and regulations. To be eligible for a prize, an entrant must comply with all provisions of these Official Rules. Sponsor reserves the right to require evidence of such compliance. Sponsor reserves the right to evaluate each Entry’s eligibility under the Official Rules as well as for compliance with the U.S. Copyright Act and any and all other applicable laws. To the extent there is a conflict between these Official Rules and the Terms, these Official Rules will govern.

3. Contest Entry Period
The Contest begins on December 2nd, 2024 at 8AM EST and ends on December 15th, 2024 at 11:50PM EST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Contest.

4. How to Enter
To enter, you must:
• Take a selfie of yourself and caption the selfie with 2-3 sentences explaining how you were unstoppable in 2024 (such captioned selfie, the “Entry”).
• Submit the Entry to Sponsor using one of the following two methods:
o Submit the Entry and any requested contact information to the webform available at this link here. You must type the caption in the designated blank in the webform and upload or attach the photo in .jpeg or .gif format; or
o Post the Entry on Instagram, tagging @springrose.co in the post, and include the hashtags #Springrose, #Contest and #UnstoppableWoman.

You may receive a maximum of one (1) Entry in the Contest.

Compliance with the Entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these Entry requirements or do not meet the Entry deadlines will be disqualified from the Contest.

5. Submission Guidelines.
Entries must:
• feature you;
• be created specifically for the Contest;
• not include any third parties; and
• be appropriate for viewing by the general public.
By submitting or posting an Entry, you represent and warrant that your Entry:
• is your own original work of authorship and has not been previously published, licensed or sold;
• does not contain content that violates or infringes another’s rights, including but not limited to, privacy, publicity, copyright, trademark, trade secret, trade dress, patent, or intellectual property rights, including without limitation any trademarks, service marks, trade names, or logos of any brand or product, other than SpringRose and SpringRose’s products;
• does not contain any names, likenesses, photographs, or other indicia identifying any person, living or dead, without such party’s permission;
• does not require any Sponsor or any third party to pay any money or royalties to any third party for use of the Entry in accordance with these Official Rules;
• does not contain material that is indecent, lewd, pornographic, obscene, profane, hateful, defamatory, slanderous or libelous, or that promotes violence, illegal conduct or animal cruelty, all as determined by Sponsor in their sole discretion;
• does not promote discrimination against or contempt for other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease;
• does not contain any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to interfere with or cause harm to any website, computer, device or software; and
• does not contain material that is unlawful in any jurisdiction where the submission is created.
You additionally represent and warrant that you have all rights necessary to submit the Entry material and to grant the rights to Sponsor to use your Entry material as set forth in these Official Rules. An entrant should be able to provide, within three (3) days of request by a Sponsor, all appropriate clearances, permissions, and releases necessary or reasonably requested for the Entry to be made publicly available and used by Sponsor in any media and for any purpose, including signed releases and licenses. Entrant’s failure to timely provide such clearances, permissions and releases may lead to disqualification of the entrant and their Entry, in Sponsor’s discretion, and forfeiture of their rights and interest in the prize.
Sponsor reserves the right, in its sole discretion, to disqualify any Entry that violates these submission guidelines and/or in the event the entrant breaches or violates the representations and warranties herein. Sponsor further reserves the right to disqualify any Entry that it believes is not consistent with the spirit and theme of the Contest.

6. Ownership of Entry.
Subject to the rights and licenses conveyed in this Section 6, you shall retain sole and exclusive right, title and interest in and to the Entry and all intellectual property rights thereto. By entering the Contest and creating an Entry you hereby grant to Sponsor a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Entry, to publicly perform, publicly display, digitally transmit, and otherwise use the Entry on Sponsor’s social media accounts, websites, and other advertisements without the need for further approval.

You hereby unconditionally and irrevocably waive all, and the enforcement of all, moral rights that you may have, if any, in your Entry. Sponsor may modify or edit a winning Entry to ensure the quality or for any purpose that Sponsor deems reasonably necessary or desirable and by entering, each entrant grants Sponsor a royalty-free right and license to make such modifications to their Entry.

7. Winner Selection and Notification
One (1) Grand Prize Winner (“Grand Prize Winner”) and two (2) Runners-Up (“Runners-Up” and, each Runner-Up together with the Grand Prize Winner, a “Winner”) will be chosen by a panel of judges appointed by the Sponsor. The judges will evaluate Entries according to their relevance to the stated theme, creativity, originality, and quality of composition. Each criterion will be given equal weight in the judging. In the event of a tie, in order to break such tie, each tied Entry shall be evaluated by a judge not involved in the initial evaluation and judged based on the foregoing criteria. All grading decisions are final. Sponsor may disqualify any Entry that is, in Sponsor’s discretion, inappropriate, offensive or demeaning to Sponsor’s reputation or goodwill, or contrary to Sponsor’s mission or these Official Rules. Once the grading of the Entries is complete, Sponsor will notify the Winner via either email (if the Entry was submitted by webform) or message to the Winner’s Instagram account (if the Entry was submitted via Instagram). The Winner is subject to verification, including verification of age and residency.

If a Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first winner notification message within 48 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to timely provide any information requested by Sponsor (e.g., information needed by Sponsor to deliver the prize) or timely execute and return any documents required by Sponsor, the Winner will be disqualified and forfeit all interest in the prize. If the Winner is disqualified, the next highest scoring Entry may be selected as a substitute Winner for the prize and notified according to this procedure.

8. Prizes and Prize Claims
One (1) Grand Prize Winner will win:
• $200 SpringRose Gift Card (Approximate Retail Value (“ARV”): $200);
Two (2) Runners-up will each win:
• $50 SpringRose Gift Card (ARV: $50);

The total ARV of all prizes offered in this Contest is $300. All amounts are in United States dollars.

The right to receive a prize cannot be transferred or assigned. No cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. The prizes are subject to availability and if a prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute the prize with one of comparable or greater retail value.

As a condition of receiving the prize, each Winner must provide Sponsor with a valid email address. Sponsor will pay for the cost of delivering the prize to such Winner, if any. The method of delivery and the carrier will be determined in the sole discretion of Sponsor. Sponsor is not responsible for any prizes that are lost, stolen, undeliverable, or returned.

Each Winner is solely responsible for all federal, state, local, or other applicable taxes (whether foreign or domestic, and including income, sales, and import taxes) associated with the acceptance and use of a prize. Each Winner, if a U.S. resident, will be issued IRS Form 1099 in the amount of the actual retail value of the prize and, if applicable, additional licensing fees. Each Winner agrees and acknowledges that Sponsor may be required to withhold and remit a portion of prize value to comply with applicable tax laws. Each Winner also agrees to provide Sponsor with a valid social security number or any other information Sponsor may require in connection with applicable tax reporting or withholding requirements or other laws or regulations.

All gift cards must be used in accordance with the terms applicable to such gift card, including without limitation the Terms. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the applicable Winner.

9. Publicity
Except where prohibited by law, by accepting a prize, each Winner hereby grants Sponsor and its representatives an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display such Winner’s name and information about the prize award, in any way, at any time, in any and all media, including without limitation, for use in advertising and marketing, without any additional approval or consideration. By accepting a prize, the Winner represents and warrants that they have the right to grant the foregoing license.

10. Limitations of Liability of Contest Parties
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE (I) THE CONTEST PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH (A) THE CONTEST OR (B) ANY PRIZE AWARDED, AND (II) YOUR REMEDIES FOR ANY CLAIMS RELATING THE CONTEST ARE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE CONTEST (IF ANY).

The Contest Parties assume no liability and are not responsible for, and by entering the Contest you hereby waive and release the Contest Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Contest and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Contest, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, winner notifications or other announcements or communications relating to the Contest. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). In no event will more than the stated number of prizes (i.e., three prizes) be awarded.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor may prohibit an entrant from participating in the Contest or winning the prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Contest Parties.

For California Residents Only: You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

11. Sponsor’s Reservation of Rights
If the Contest is not practically capable of running as planned for any reason outside the control of the Sponsor, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, government orders, natural disasters, the effects of COVID-19 or any pandemic 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 modify, suspend, or cancel the Contest.

12. Miscellaneous
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants and the Winner, and the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Delaware, without giving effect to any choice of law or conflict of law rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

13. Privacy
Any personally identifiable information collected during an entrant’s participation in the Contest will be collected and used by Sponsor and its designees for the administration and fulfillment of the Contest and as otherwise described in these Official Rules, the Terms. and SpringRose’s privacy policy available at https://www.springrose.co/policies/privacy-policy. Sponsor may use the names of the Winner to promote Sponsor and the Contest.

14. Winner List
For the name of the Winners, send an email to hello@springrose.co with “SpringRose Holiday Photo Contest Winners List” in the subject line. Requests must be received no later than sixty (60) days after the end of the Entry Period.

15. DMCA Compliance.
Sponsor complies with the provisions of the Digital Millennium Copyright Act (the “DMCA”). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the U.S. Copyright Office. If you have a concern regarding the use of copyrighted material on the Website, please refer to our Terms for information on how to submit a notice of claimed infringement to Sponsor’s designated agent.