NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The HoneyBook Contest (the “Contest”) begins at 12:01 a.m. PST on January 4, 2022 (the “Contest Start Date”) and ends at 11:59 p.m. PST on February 7, 2022 (the “Contest End Date”) (such period referred to herein as the “Contest Period”). The Contest is sponsored by HoneyBook, Inc. (the “Sponsor”).
a) Refer a friend who has not previously created an account with HoneyBook (including for a free trial), using your unique referral link associated with your HoneyBook account, between the Contest Start Date and January 31, 2022 (the “Referral Period”);
b) Ensure the eligible referred friend registers for a HoneyBook account through the HoneyBook website at honeybook.com or through the HoneyBook mobile application during the Referral Period (a free trial account will suffice); and
c) Complete and submit the online application for the Contest prior to the Contest End Date, which application link will be sent to the email address associated with your HoneyBook account if you successfully complete the foregoing steps (a) and (b) during the Referral Period. The application will include questions regarding why you want a HoneyBook makeover, your vision for 2022 and the HoneyBook professionals (the “HoneyBook Pros”) with which you would like to work.
For the avoidance of doubt, to be an eligible entry, the foregoing steps (a) and (b) must be completed during the Referral Period and all questions on the online application must be answered and submitted by the Contest End Date. An entry will not be eligible if the referred friend has previously created a HoneyBook account or if the referred friend does not create a HoneyBook account during the Referral Period.
On or about February 15, 2022, the Sponsor will select three (3) winners from the entrants (the “Winners”), each of whom will receive a credit to be applied to a business makeover with a HoneyBook Pro. The first-place Winner will receive a credit for a full business makeover, up to $6000 USD; the second-place Winner will receive a credit for a HoneyBook Pro service, up to $3,000 USD; and the third-place Winner will receive a credit for a HoneyBook Pro service, up to $1,000 USD. For clarity, the Sponsor will be contributing the credits directly to the applicable HoneyBook Pros, up to the amount awarded to each Winner. HoneyBook Pros set their own pricing. Winners must select the applicable HoneyBook Pro and service, and schedule the appointment with the applicable HoneyBook Pro, prior to March 15, 2022. Additionally, as part of the prize, each Winner will be featured in videos of the business makeovers and interviews before and after such business makeovers (the “Videos”) and each Winner agrees to permit the film crew (to be hired and selected by the Sponsor) to film such interviews and makeovers. The Sponsor may feature the Videos as part of a Zoom series or on its website or in other marketing materials. Odds of winning are affected by the number of eligible entries received by the Contest End Date. The total approximate retail value of all prizes is $10,000. The Winners will be solely responsible for all other expenses not specifically set forth herein. The Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The prizes may not be redeemed for cash and, if the Winner selects a HoneyBook Pro service that is less than the credit won, the difference will not be paid to the Winner. In order to receive a prize, the Winners may be required to provide proof of identification and/or eligibility. THE WINNER MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY THE SPONSOR TO FACILITATE THE BUSINESS MAKEOVER AND RECORDING OF THE VIDEOS, AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. Any and all taxes on any prize, including income and/or sales taxes, are the sole responsibility of the Winners. All entrants agree that information provided by the Sponsor is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional. The Winners of any prize with a value of $600 or greater will be issued a 1099 U.S. Tax Form for the retail value of the prize.
The Contest is only open to registered HoneyBook members or educators with active accounts as of the Start Date, who are legal residents of the United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions) who are at least eighteen (18) years of age at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Contest, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor and warrants that she/he is eligible to participate in the Contest. Employees, independent contractors, officers, and directors of the Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
By submitting an the online application to enter the Contest (the information in such application, and, if you are a Winner, your image, audio and likeness, as captured in the Videos, the “Submission”), you automatically represent and warrant that you have the right to grant, and do hereby grant, to Sponsor the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Submission (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in the Submission; and (b) make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Submission. Under no circumstances will Sponsor be required to treat any Submission as confidential. Sponsor is entitled to use the Submission for any purpose whatsoever without compensation to you or any other person. For the avoidance of doubt, Sponsor will not be liable to you or any other person for any ideas for Sponsor’s business (including, without limitation, product designs or ideas) derived from the Submission and will not incur any liability as a result of any similarities to the Submission that may appear in any future products or services of Sponsor.
Following the Contest Period, a panel of Sponsor employees (the “Panel”) in its sole discretion will select the three (3) potential winners with the highest-scoring applications from among all eligible entries received by the Contest End Date based on the following criteria:
The Sponsor and its agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, will not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or email transmissions; (d) any condition caused by events beyond the control of the Sponsor; (e) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Contest; or (f) any printing or typographical errors in any materials associated with the Contest. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event that proper administration of the Contest is prevented by such causes as contemplated above, the Sponsor will pick the Winners from all eligible, non-suspect entries received prior to such action. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at time of entry. “Authorized account holder” is the natural person who is assigned an email address by an Internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. By participating in the Contest, participants and Winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation in the Contest, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with this Contest are governed by and construed in accordance with the laws of the State of Delaware[GP9] without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction) that would cause the application of any other state’s laws.
(a) Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor, whether arising out of or relating to these Official Rules, the Contest, your participation in the Contest, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Contest, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
(c) Pre-Arbitration Dispute Resolution: The Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing the Sponsor’s support team at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Sponsor should be sent to HoneyBook, Inc., 539 Bryant Street, San Francisco, CA 94107, Attn: [_Yen Yen Chow____] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.
(d) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(e) Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
(f) Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(g) Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void. The remainder of these Official Rules will continue to apply.
To obtain the first name, last initial, city and state of the Winners, send a separate self-addressed, stamped envelope marked “HoneyBook Contest Winners List” to the Sponsor. Requests for Winners list must be received no later than 90 days from the Contest End Date (residents of Vermont and Washington need not include return postage).
539 Bryant Street
San Francisco, CA 94107
The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.
Copyright © 2022 HoneyBook, Inc. All rights reserved. HoneyBook, Inc. and the associated logos are trademarks of HoneyBook, Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.