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#BooksyRocks

COMPETITION RULES

OFFICIAL CONTEST RULES
GET DISCOVERED BACKSTAGE WITH BOOKSY & IDLE HAND COLLECTIVE COMPETITION
 
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

We may, from time to time, run a Get Discovered Backstage with Booksy & Idle Hand Collective Contest (a “Contest,”) sponsored by us and Idle Hand Collective (collectively, the “Sponsors.”) Contests are in no way sponsored by or affiliated with Instagram or other social media outlets. 

1. Definitions: For purposes of these Official Contest Rules, references to “Sponsors,” “we,” “our,” and “us” mean, collectively, Booksy, Inc., 515 N State Street, Suite 460, Chicago, Illinois 60654 and Idle Hand Collective, 731 High Street Hanson, MA 02341. References to “Entrant,” “you” and “your” mean a Contest Entrant. 
 

2. Agreement to be Bound: The following Official Contest Rules, together with the Terms and Conditions, Privacy Policy and relevant information set out on the promotional pages for said Contest are subject to the terms and conditions set forth below. Please read them carefully as any entrance to a Contest constitutes an agreement, without acceptance, to be bound thereby by the Entrant. By entering a Contest, you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.

3. Modifications and Changes to Official Contest Rules: We may modify, add to, suspend or delete these Official Contest Rules, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the pages. Your continued entrance in a Contest after modification, addition or deletion of the Official Contest Rules shall be deemed to constitute acceptance by you of the modification, addition or deletion. 

4. Eligibility: Entrants must be legal U.S. residents, at least eighteen (18) years old. Void where prohibited. Employees of a Sponsor, our affiliates, vendors, and partners, promotional agencies and their advertising agencies, employees of other event hosting services, and members of the immediate families of such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household, whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Rhode Island, Puerto Rico, the U.S. Virgin Islands, all other U.S. territories, U.S. military institutions in foreign countries and where prohibited, taxed, or restricted by law.

5. Contest Period: The Contest Period for each Event (as defined in Section 8 of this Agreement) shall begin on July 11 at 01:00 p.m. U.S. Eastern Time, (hereinafter “EST,”) and shall end twenty-one (21) days’ prior to the Event at 11:59 p.m. EST. Booksy’s database clock shall be the official timekeeper for the Contest.

6. How to Enter: To enter, complete the Get Discovered Backstage with Booksy & Idle Hand Collective application form (“Form”) and click “submit.”

7. Entries: Limit one (1) direct entry per person, per Profile, per household during the Contest Period. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Proof of entry does not constitute proof of receipt. If there is a dispute as to the identity of an online Entrant, the Prize will be awarded to the authorized account holder of the Booksy Profile. The “authorized account holder” is defined as the natural person to whom the email Booksy Profile is assigned by linked account email address based on the email address holder from an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Entries must be received before the end of the applicable Contest Period, and the Booksy’s database clock will be the official timekeeper for the Contest. Entries become the exclusive property of Sponsors and will not be returned or acknowledged. Due to the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. All Entrants must provide a valid e-mail address upon entry. It shall be Entrant’s responsibility to update Booksy of any change in e-mail address. 

8. Prizes: The following prize (“Prize”) will be given away as part of a Contest, per Event: one (1) backstage entry to the applicable music festival (the “Event”), where Winner will work with Sponsors to style music artists appearing at the Event (as determined by Sponsors) and will be featured in Instagram stories by @booksybiz.

The Prize cannot be redeemed for cash and shall have no other value. Winners will not be compensated for their time, materials, or other expenses related to their receipt of the Prize or participation in the Event. Winners will be solely responsible for their own travel costs, lodging, meals, and supplies. 

9. Consumer Disclosure of Odds: Odds of winning depend on the number of entries received. Winner will be selected from the cumulative collection of entries. We estimate that Two Hundred (200) to Five Hundred (500) total entries will be received, making the odds of winning each Prize, infra, approximately 3.6-9%; however, these are only estimated odds. 

10. Winner Selection: The Winners shall be determined by a panel of three (3) judges selected by Sponsors. Entries will be evaluated on the skills demonstrated by Entrant in the Booksy Profile, including photos based on the following weighted criteria:

Reviews (required): Five (5) or more positive reviews with an average score of four-point-eight (4.8) or higher on the Booksy Profile you submit with your application. 
Photos (required): At least one (1) photo on your Booksy Profile page that is a clear representation of your work. 

11. Winner Notification; Releases: Winners shall be notified of their win twenty-one (21) calendar days, by 11:59 p.m. EST, prior to the Event. Winners will be notified via both phone and email at the phone number and email address provided upon entry. Winners must respond via email address, providing his or her contact information within forty-eight (48) hours from notification or an alternate Winner shall be selected. Winners will also be required to sign and return an Affidavit of Eligibility, a Liability Release, and a Publicity Release within forty-eight (48) hours following the date of first attempted notification of winning. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate Winner. Return of any Prize and/or Prize notification as undeliverable may result in disqualification and selection of an alternate Winner. Winner hereby further agrees that he or she will sign any documents necessary to transfer copyright of the entry to Sponsors within forty-eight (48) hours following the date of first attempted notification of win.

12. Prize-Related Expenses; Taxes: Expenses not specifically included in prize description, including but not limited to travel costs, lodging, food and beverage, supplies, and all taxes are the sole responsibility of Winner. Winners may be required to complete and return applicable tax forms, if required, or will forfeit a Prize. 

13. Winner’s List: The name and winning answer of each Winner will be posted at https://booksy.com/biz/en-us/lp/get-discovered-backstage-winners once the Winners have been selected and verified but no later than the date of the applicable Event. Incomplete entries or entries that have been tampered with or fail to meet the requirements set forth herein will be disqualified from being selected as a Winner. Winners will also be announced on Sponsors’ webpages and social media pages, at the discretion of Sponsors.

14. Intellectual Property Rights; Moral Rights; Grant of License: By entering, Entrant grants to Sponsors a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce the entry, his or her name name, likeness, and comments and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the image, name, likeness, and comments in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion by Sponsors and its licensees or assignees determine, without further compensation, notification, or permission. In no event shall an Entrant submit a photo to a Booksy Profile featuring any individual without first obtaining a photo release waiver as required by the Booksy Terms and Conditions.

15. No Transfer, Assignment, or Substitution: No transfer, assignment or substitution of a Prize permitted, except with Sponsors’ prior, written agreement.

16. Reservation of Rights: We reserve the right to verify the validity and originality of any entry and/or Entrant (including an Entrant’s identity and address) and to disqualify any Entrant who submits an entry that is not in accordance with these Official Contest Rules or who tampers with the entry process. Failure by us to enforce any rights at any stage does not constitute a waiver of those rights.

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; HOLD HARMLESS: (A) BY ENTERING THIS CONTEST, ALL ENTRANTS AGREE TO RELEASE, DISCHARGE, AND HOLD BOOKSY AND IDLE HAND COLLECTIVE HARMLESS AS WELL AS INSTAGRAM AND BOOKSY, IDLE HAND COLLECTIVE’S AND INSTAGRAM’S PARTNERS, AFFILIATES, SUBSIDIARIES, ADVERTISING AGENCIES, AGENTS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES FROM AND AGAINST ANY CLAIMS, LOSSES, AND DAMAGES ARISING OUT OF THEIR PARTICIPATION IN ANY CONTEST-OR EVENT-RELATED ACTIVITIES AND THE ACCEPTANCE OF  ANY PRIZE AWARDED HEREUNDER OR PARTICIPATION IN AND APPEARANCE AT ANY EVENT. (B) WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION; COMMUNICATIONS LINE FAILURE; THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO CONTEST ENTRIES; OR ALTERATION OF ENTRIES. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH OR TECHNICAL MALFUNCTION OF ANY PAGE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL ENTRY TO BE RECEIVED ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE, HUMAN ERRORS OF ANY KIND, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANTS' OR ANY OTHER PERSONS' COMPUTERS RELATED TO OR RESULTING FROM PARTICIPATION, UPLOADING OR DOWNLOADING OF ANY MATERIALS RELATED TO A CONTEST. (C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE PAGES AND ELSEWHERE REGARDING ANY CONTEST RAN BY US ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION. BY ENTERING ANY CONTEST RUN BY US YOU ACKNOWLEDGE THAT WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF YOUR ENTRY INTO ANY CONTEST RUN BY US OR PARTICIPATION IN AND/OR APPEARANCE AT ANY EVENT. (D) IN NO EVENT WILL WE, OUR SUBSIDIARIES, OTHER AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PAGES, SURVEY, AND/OR PRIZES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO OR ARISING FROM A CONTEST AND/OR PARTICIPATION IN AND/OR APPEARANCE AT AN EVENT. (E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE PAGES AND COMPLETING THE SURVEY, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR ENTER THE CONTEST. (F) SPONSORS ARE NOT RESPONSIBLE FOR ANY PRINTING, TYPOGRAPHICAL, MECHANICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER, ADMINISTRATION OF A CONTEST OR IN THE ANNOUNCEMENT OF THE PRIZE. SOME JURISDICTIONS DO NOT PERMIT FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

18. INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BOOKSY AND IDLE HAND COLLECTIVE HARMLESS, AS WELL AS OUR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO YOUR AND YOUR DIRECTORS’, OFFICERS’, EMPLOYEES’, AGENTS’, AND CONTRACTOR’S PARTICIPATION IN ANY CONTEST RUN BY US, ANY PRIZES WON THEREBY, AND YOUR AND YOUR DIRECTORS’, OFFICERS’, EMPLOYEES’, AGENTS’, AND CONTRACTORS’ PARTICIPATION IN OR APPEARANCE AT ANY EVENT. 

19. Right to Cancel or Suspend Contest: If for any reason a Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our control that corrupt or affect the administration, security, fairness, integrity, or proper conduct of a Contest, we reserve the right, in our sole and exclusive discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend a Contest. 

20. Data Privacy: In addition to Sponsors’ respective Privacy Policies (For Booksy: Privacy Policy; For Idle Hand Collective: Privacy Policy) Entrants agree that personal data, especially email, name and address, may be processed, shared and otherwise used for purposes within the context of the Contest and any other purposes outlined in these Official Contest Rules. The data may also be used by us in order to verify an Entrant’s and/or Winner’s identity, postal address and telephone number or to otherwise verify the Entrant’s eligibility to participate in the Contest and/or receive and/or participate in a Prize or Event. Entrants have the right to access, review, rectify or cancel any personal data held by us by contacting us via any “contact us” or “message” link on the Pages. Personal data will be used by us and our affiliates exclusively for the purposes stated herein. 

21. Governing Law: These Official Contest Rules will be governed and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of Illinois, County of Cook, and any cause of action which arise from or relate to a Contest or from interpretation of these Official Contest Rules must be filed in the state and federal courts located in the State of Illinois, County of Cook, subject to the arbitration provisions contained herein. 

22. Arbitration: You agree that any dispute concerning, relating, or referring to these Official Contest Rules, shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in the State of Illinois, County of Cook. Such proceedings will be governed by and in accordance with substantive Illinois law. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Notwithstanding the forgoing, any claims the Parties may have against each other concerning, relating, or referring to these Official Contest Rules, and where the relief sought is within the jurisdictional limits of the Cook County, Illinois, Small Claims Court, it shall be filed therein and shall be fully and property adjudicated by said Small Claims Court and not by the Arbitration provisions hereof.

23. Severability of Provisions: If any provision of these Official Contest Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Contest Rules and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.

24. Warranties, Licensure, Insurance Requirements: Should you be chosen as a Winner, you warrant that you and any of your employees and contractors appearing at an Event have all necessary licenses and permits required to participate in and otherwise appear at Event and will defend, indemnify and hold harmless Sponsors and their respective directors, officers, employees, and agents from and against any claims and expenses, including attorneys’ fees, arising out of or related to your and your directors’, officers’, employees’, agents’ and contractors’ breach of this warranty. You further warrant that you will obtain and maintain insurance in a form acceptable to Sponsors in sufficient amounts to cover your and any employees’ and contractors’ participation in and appearance at an Event and shall name Booksy and Idle Hand Collective as additional insureds under such a policy. 

25. Entire Agreement: This constitutes the entire agreement between the parties concerning these Official Contest Rules.

26. Contact Information: If you have any questions or concerns about these Official Contest Rules you may contact us at Booksy, Inc., 515 N State Street, Suite 460, Chicago, Illinois 60654 or at info@booksy.com

27. Updates & Effective Date: The effective date of these Official Contest Rules is July 11, 2022. From time-to-time, we may update these Official Contest Rules. We encourage you to periodically check back and review these Official Contest Rules. The update date of these Official Contest Rules is August 24, 2022. 

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