Three Wells National Cannabis Gummie Day Video Challenge Contest

OFFICIAL RULES

·   NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  THIS IS A CONTEST OF SKILL. 

·   VOID WHERE PROHIBITED BY LAW. 

·   THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”) or INSTAGRAM, LLC, (“INSTAGRAM”)

·   AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. 

·   ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 

·   MUST BE 21 OR OLDER:  THIS CHALLENGE IS ONLY OPEN TO INDIVIDUALS 21 OR OLDER. INDIVIDUALS UNDER THE AGE OF 21 ARE NOT PERMITTED TO ENTER; ENTRIES BY ANY INDIVIDUAL UNDER 21 WILL BE DISQUALIFIED AND DELETED.  

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES

1.  ELIGIBILITY: 

The “Three Wells  Video Challenge Contest” (the “Contest”), sponsored by Three Wells and Wana Brands  (“Sponsors”), is open to individuals who meet the following criteria: (a) are twenty one (21) years of age or older at the time of entry and (b) are a legal resident of and physically residing in one of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever prohibited by law) (referred to as “Contestant” or “Entrant”). Neither Sponsors nor employees of Sponsors, Three Well, Wana Brands and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Contest Entities”) are eligible to participate in the Contest and/or win a Prize (as defined below).  Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win.  For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses. 

2.  ENTRY PERIOD:

The entry period for the Contest begins Thursday, October 22, 2020 at 6:00:00 a.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT on Monday, November 16, 2020 (the “Contest Period”).  

3.  HOW TO ENTER:

All entries will be judged by the Sponsors on Wednesday, November 18, 2020. Contestants must submit a short video (“Video Content”) based on the challenge during the Entry Period.  Contestants must submit the video using one of the following methods of entry:

·   Facebook Method of Entry.  To participate and enter this Contest via Facebook, individuals will need a mobile device (e.g., mobile phone or tablet) or computer that can access the Internet.  Additionally, individuals will need to download the Facebook application from their mobile device’s app store and sign-up for a Facebook account (“Facebook Account”) if you do not already have a Facebook Account or access their Facebook Account on their computer via an internet browser. To enter the Contest, during the Entry Period, upload the Video Content to your Facebook Account.  When Contestant uploads the video from their Facebook Account, Contestant must include the unique hashtag #cannabisgummieday as part of their Facebook post.  Sponsors may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsors are not responsible for failure to see or receive an entry.  NOTE: Sponsors may not receive entries from Facebook users with “private” account settings (i.e., user has set their Facebook Account so that only people the user has approved can view their photos) due to the way Instagram operates its service.  Sponsors, at their sole discretion, may accept a technically incorrect unique term.  Messages not received by Sponsors will not be entered into the Contest.  By including the hashtag in the post, Contestants are confirming their acceptance and agreement to these Official Rules.

Instagram Method of Entry.  To participate and enter this Contest via Instagram, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform.  Additionally, individuals will need to download the Instagram application from their mobile device’s app store and sign-up for an Instagram account (“Instagram Account”) if you do not already have an Instagram Account. To enter the Contest, during the Entry Period, upload the Video Content to your Instagram Account.  When Contestant uploads the video from their Instagram Account, Contestant must include the unique hashtag #cannabisgummieday as part of their Instagram post.  Sponsors may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsors is not responsible for failure to see or receive an entry.  NOTE: Sponsors may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram Account so that only people the user has approved can view their photos) due to the way Instagram operates its service.  Sponsors, at their sole discretion, may accept a technically incorrect unique term.  Messages not received by Sponsors will not be entered into the Contest.  By including the hashtag in the post, Contestants are confirming their acceptance and agreement to these Official Rules.

·   Online Method of Entry. To enter the Contest, during the Entry Period, you may email your submission to [email protected]  

Limit of one (1) entry per person (regardless of method) will be accepted.  Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsors’ sole and absolute discretion.  Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  All materials submitted become the physical property of Sponsors and will not be returned.  In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible.  Winner(s) may be required to show proof of being the registered account holder.  Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsors’ satisfaction, the affected entry will be deemed ineligible.  The Sponsors’ designated database clock will be the official timekeeper for this Contest.  Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsors may be disqualified.  All Entrants submitting materials/content as part of the Contest will be non-exclusively licensing (with the unlimited right to sublicense) to Contest Entities the right to use such materials, and the images related thereto (including Entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof.   Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations.  Any entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsors, in their sole and absolute discretion.  The Contest Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

Content Submission and Content Guidelines.  Submissions of content that do not meet the following “Content Guidelines” are subject to disqualification, at Sponsors’ sole and absolute discretion, so read and follow these Content Guidelines:

·   Submissions must be submitted in the English language.

·   Submissions must comply with these Official Rules and any Terms of Use/Service posted on the social media platform where your entry is posted and meet all specifications or requirements called for in any advertising for the Contest. 

·   Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the participant, or for which participant has all rights required to comply with these Official Rules.

·   Submissions must be suitable for presentation in a public forum. No profanity, violence, nudity, or obscene material is allowed.  Do not include any deceptive, disparaging, defamatory, harassing, or hateful material in your Submission or any virus or harmful code.

·   Submissions must not have been submitted previously in any contest or sweepstakes of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.

·   Except for materials in the public domain, Submissions must include only materials created by the participant, or for which participant has all rights required to comply with these Official Rules, and must not infringe on the intellectual property rights of any other person or entity. 

·   Any third-party content appearing in Submissions must appear in a non-infringing manner where that content is incidental, in the background, and not the focal point of any Submission (all as determined by Sponsors in their sole discretion).

·   Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your submission and grant the rights herein granted to Sponsors.  Entries that contain brand names, trademarks or company logos are subject to disqualification.

·   Submissions cannot depict or encourage dangerous or illegal activities and must not in any way violate any federal, state, or local law, rule, or regulation

·   Submissions may only include original music created and performed solely by participant (i.e., songs must be composed, lyrics written and performed by participant).  Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification.

·   Entrant must have prior written permission from any individuals that appear in their Submission (e.g., family members, friends).  For each Submission that identifies or depicts any person other than the entrant, the entrant must have prior to submission obtained such person’s written consent.

3. WINNER SELECTION PROCESS:

Video Content submitted during the Entry Period using the unique hashtag will be reviewed and voted on by a qualified panel of judges selected by Sponsors in Sponsors’ sole discretion.  The Winner(s) (as defined below) will be determined, at the sole discretion of the judging panel, based 33.3% on creativity, 33.3% on originality, and 33.3% on appropriateness to the theme of the Contest.  

The top three (3) Contestants with the Video Content receiving the most votes by the judges during (hereafter referred to as the “Winners”), will receive the Prize (as defined below). The Winners will be announced on November 19, 2020. The winners receiving the second and third most votes by the Sponsors will receive the titles “Runner Up” and “Honorable Mention” respectively and the Contestant with the most Sponsors votes will receive the Grand Prize (as defined below).  In the event of a tie, the potential winner(s) will be the Contestant whose Video Content scored the highest for originality, as determined by the judges and continuing thereafter in each category until the tie is broken.

Recipient of the Grand Prize are referenced hereinafter as the “Prizewinner”. 

If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant’s claim to the prize is forfeited and an alternate qualifying and eligible Contestant may be selected, according to the Judging Criteria. Only three (3) alternate qualifying and eligible Contestants may be contacted.

A CONTESTANT IS NOT CONSIDERED THE WINNER OF THE PRIZE UNLESS AND UNTIL Sponsors HAS COMPLETED ITS VERIFICATION OF CONTESTANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES

4. PRIZES AND VALUES:

·   Grand Prize: The Winner receiving the greatest number of votes by the judges will receive a gift card valued at $500 US Dollars.

TOTAL PRIZES AVAILABLE TO BE AWARDED: $500

Prizewinner will be solely responsible for all federal, state, local and/or provincial taxes, and for any other fees or costs associated with the prize(s).  The winner(s) may be required to provide Sponsors with a valid social security number (if winner is residing in the U.S.) before the prize will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner for the actual value of the prize received.  Unclaimed prize(s) will be forfeited.  Prize(s), if legitimately claimed, will be awarded.

5. PRIZEWINNER NOTIFICATION PROCESS:

The potential winner will be notified using the information provided during entry by email, a post on the potentially winning entry, or through a direct message on a social media platform (method to be selected by Sponsors in their sole discretion) in a commercially reasonable time after the judging period.  The potential winner must respond within seventy two (72) hours and in accordance with the instructions in the notification or the prize may, in Sponsors’ sole discretion, be forfeited.  The Contest Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information.  Notification is deemed to have occurred immediately upon sending of an email and/or direct message on a social media platform. The Contest Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. 

The winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive their prize.  If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsors or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate winner may be selected.  Non-compliance shall result in disqualification and award of the prize to an alternate winner.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  The Contest Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.

6. PRIVACY STATEMENT:

Contestants’ personal information will be utilized by the Sponsors for fulfillment of Contest Prizes and to comply with legal requirements. To review Sponsors’ privacy policy, go to Three Wells Privacy Policy and Wana Brands Privacy Policy.  To review Sponsor’s terms of use, go to Three Wells Terms of Use.  By entering this Contest, Contestants accept and agree to abide by these privacy policies and terms of use.

7. OWNERSHIP AND LICENSE:  

All Contest related materials, including Video Content (collectively, “Submission”) become the property of the Sponsors and will not be acknowledged or returned.  The copyright in any Submission shall remain the property of the Contestant, but entry into this Contest constitutes Contestant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsors and/or others authorized by the Sponsors, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission.  Sponsors and/or others authorized by Sponsors shall have the right to edit, adapt, and modify the Submission. 

Any use of any of the Contest Entities’ trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.

8. PUBLICITY GRANT:

Subject to applicable law, winner(s) irrevocably grant the Contest Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize(s) to the winner(s)

9. WAIVERS, DISCLAIMERS AND RELEASES:  

By participating in this Contest , entrant agrees to release, discharge, indemnify and hold harmless the Contest Entities and Facebook and/or Instagram and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Contest (including travel to/from any Contest activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize.  Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose.  Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsors interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.  Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.  The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsors) or ability of entrant to timely enter, receive notices or communicate with Sponsors via the social media platform, in which case Sponsors, in their sole discretion, may terminate or modify the Contest.  

10.  GOVERNING LAW / LIMITATION OF LIABILITY:   

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsors or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

11.  DISPUTE RESOLUTION: 

Entrants, Sponsors, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to finally settle all disputes only through arbitration; provided, however, the Sponsors shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the Parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Los Angeles, California.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California.  Sponsors agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either Party may, notwithstanding this provision, bring qualifying claims in small claims court.

12. WINNER’S LIST:

For the names of the winners, send a self-addressed, stamped envelope, within sixty (60) days of expiration of the Contest Period to:

Cannabis Gummy Day Contest

℅ Three Wells

369 B Third Street #690 

San Rafael, CA 

94901 US

13.  MISCELLANEOUS: 

The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsors’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsors’ sole and absolute discretion. 

14.  IDENTIFICATION OF Sponsors: 

This Contest is sponsored by THREE WELLS 369 B Third Street #690 San Rafael, CA 94901 US.  Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsors or the Contest.