CBDistillery® Summer Shipping Box Contest
Official Rules

NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT IMPACT AN ENTRANT’S OPPORTUNITY TO WIN.

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

            The CBDistillery® Summer Shipping Box Contest (“Contest”) is sponsored by Balanced Health Botanicals, LLC, 1720 S. Bellaire St, PH Ste, Denver, CO 80222 (“Sponsor”). By submitting your entry to the Contest, you agree to the following Official Rules:

 

1. Contest Period and Overview. The Contest begins on April 19, 2021, at 12:00:00 A.M. Mountain Time (“MT”) and ends on May 4, 2021, at 11:59:59 P.M. MT (“Contest Period”). During the Contest Period, an eligible entrant can enter the Contest by following the instructions set forth in Section 3 of these Official Rules. After the Contest Period, three (3) finalists (“Finalists”) will be selected according to the judging criteria set forth in Section 11. The Finalists will be announced on or about May 5, 2021 and their Submissions will be posted on Sponsor’s Facebook and Instagram accounts for public vote for a twenty-four (24) hour period between May 5, 2021 to May 6, 2021 (“Voting Period”). The Submission with the highest total votes at the end of the Voting Period will be deemed the winner (“Grand Prize Winner”). The Grand Prize Winner will be announced on or about May 7, 2021.

 

2. Eligibility. This Contest is open to residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old at the time of entry, except for employees of Sponsor, its affiliates, subsidiaries, and agencies, and members of employees’ immediate family or persons living in the same household (“Entrant” or “Contestant”). Void where prohibited.

 

3. How to Enter. During the Contest Period, an eligible Contestant may submit his/her design to be used on Sponsor’s shipping boxes (“Submission”). Submissions must be emailed to summershippingbox@thecbdistillery.com. Limit one (1) Submission per person. Each Submission must comply with the conditions set forth for the entry methods listed below, in addition to complying with the guidelines and restrictions as set forth in Section 6. By entering the Contest and emailing the Submission to the email address provided above, Contestant hereby agrees to these Official Terms. Contestants may select either of the entry methods listed below to enter his/her Submission into the Contest:

 

 

• Visit thecbdistillery.com/box-contest to download a .ai file, create your digital design, and email your Submission to summershippingbox@thecbdistillery.com; or

 

• Create a hand drawn design and email and image/photo of your Submission to summershippingbox@thecbdistillery.com.

 

*Contestants may, but are not required to, download Sponsor’s logos from www.thecbdistillery.com/box-contest to incorporate into their digital or hand drawn submission.

 

4. Entry Limit. Contestant may submit one (1) Submission during the Contest Period. Contestants attempting to use multiple email accounts may be disqualified at Sponsor’s sole discretion. Submissions received from any Contestant in excess of the stated limit will be void.

 

5. Third-Party Platforms. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. Contestant agrees to release Facebook and Instagram from any and all liability associated with this Contest. Use of Facebook or Instagram will be subject to that service provider’s Privacy Policy and Terms of Use, which can be found at:

 

• com/about/privacy
• com/about/legal/privacy

 

Sponsor reserves the right to suspend, modify, or terminate the Contest to the extent reasonably necessary to conform to any third-party platform’s terms of use, privacy policy, or other applicable law. Contestants should consult their wireless service providers regarding pricing plans, as message and data rates may apply.

 

6. Submission Guidelines and Restrictions. Each Submission:

• Must be emailed to summershippingbox@thecbdistillery.com;
• Must follow the instructions and comply with these Official Rules;
• Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement (including, but not limited to logos (manufacturer or carrier), trade names, or patented features);
• Must not feature cannabis leaves, hemp leaves, or drugs and other substances considered controlled substances under the Controlled Substances Act;
• Must be in an acceptable file format: jpg, gif, png, .ai, or indd;
• Must not disparage Sponsor or any other person or party affiliated with the promotion of this Contest;
• Must not in any way mention, refer or otherwise allude to the name, logo or trademark of any entity, individual, product or brand other than those of Sponsor and its brands;
• Must not contain any photographs, images, artwork, designs, drawings, or other media that is not the original work of Contestant;
• Must not promote any cause other than the Contest theme;
• Must not include personally identifiable information;
• Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor at Sponsor’s sole discretion);
• Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age (as determined by Sponsor at Sponsor’s sole discretion);
• Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
• Must not contain false, inaccurate, or misleading information, including, without limitation, statements regarding the diagnosis, cure, mitigation, treatment, or prevention of disease or the intended effect of a product on the structure or function of the body; and
• Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.

 

By entering a Submission, Contestant agrees that his/her Submission conforms to the Submission Guidelines set forth above and that Sponsor may, at its sole and absolute discretion, disqualify Contestant from the Contest if Sponsor decides that the Submission fails to conform to such requirements or any other provision of these Official Rules.

 

7. Intellectual Property. Contestant represents and warrants that his/her Submission is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If the Submission infringes upon the intellectual property rights of any third party in any respect, Contestant may be disqualified at the sole discretion of Sponsor. If the content of the Submission is claimed to constitute

infringement of any proprietary or intellectual proprietary rights of any third party,

Contestant shall, at his/her sole expense, defend or settle against such claims. Contestant shall indemnify, defend, and hold harmless Sponsor from and against any

suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

 

8. Licenses. By entering a Submission, Contestant consents to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish or create derivative works from and display the Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Contestant will sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights Contestant is granting to use the Submission. This license expressly includes a right (but not the obligation) for Sponsor to modify submissions to remove any third party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Contestant irrevocably waives any and all so-called moral rights they may have therein.

 

Sponsor grants Contestant a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of entering this Contest. Contestants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Contestants recognize that all right, title, and interest in and to Sponsor’s IP shall vest exclusively to Sponsor, and Contestant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to Sponsor’s IP, except for the limited license granted to Contestant in these Official Rules, are transferred or created. Each Contestant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Contestant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Contestants agree that the use of Sponsor’s IP is permitted only for the purpose of making a Submission in this Contest, and that any use of Sponsor’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.

 

9. Publicity Rights. By participating in the Contest and/or accepting the prize, each Contestant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his/her name, likeness, and statements for trade, commercial, promotional, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including social media, without notice, review or approval and without additional compensation except where prohibited by law.

 

10. Privacy Policy. Any personally identifiable information collected during Contestant’s participation in the Contest will be used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in accordance with Sponsor’s Privacy Policy, as stated at: https://www.balancedhealthbotanicals.com/privacy-policy.

 

11. Judging and Winner Selection. All eligible Submissions received during the Contest Period will be judged by a panel of judges selected from Sponsor’s marketing and branding teams (“Judges”). The Judges will score each eligible Submission according to the following judging criteria: (1) creativity, (2) uniqueness, and (3) CBDistillery brand standards. The three (3) Contestants with the highest score from the Judges will be deemed the Finalists, and their Submissions will be posted on Sponsor’s Facebook and Instagram accounts for public vote. The Submission with the highest number of total votes at the end of the Voting Period will be deemed the winner (“Grand Prize Winner”).

 

12. Prizes. The Grand Prize Winner shall receive merchandise credit redeemable at thecbdistillery.com in the amount of $500 and have his/her name or Instagram handle, if applicable, displayed on Sponsor’s shipping box featuring the Submission. The visual representation of the Submission may differ from the original artwork including but not limited to differentiations in size, color, measurements and shape. Prize is non-transferable, non-assignable and no substitution, exchange or cash equivalent will be allowed, except by Sponsor at Sponsor’s sole discretion. Prize may not be redeemed for cash, nor may they be transferred or offered for sale or auction, and can be substituted only, at Sponsor’s sole discretion, with prize of equal or greater value. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Any portion of the prize not accepted by a winner will be forfeited, and Sponsor shall not be responsible for any inability of a Grand Prize Winner to claim, accept, or use any portion of a prize for any reason. All applicable federal, state, local taxes, and all other fees, costs, expenses and charges not specifically identified in these Official Rules as a prize element, are the sole responsibility of the prize winner.

 

13. Claiming Prize. On or about May 7, 2021, the Grand Prize Winner will be contacted via email with instructions on how to claim the prize which includes, without limitation, executing any other necessary documents within the time period requested in the notification. The prize must be claimed by May 21, 2021 or, at Sponsor’s sole discretion, the prize may be forfeited and awarded to the contestant whose Submission received the next highest number of votes as set forth in Section 11. The Grand Prize Winner must have an active account (or create one if he/she does not already have an account) at cbdistillery.com in order to receive the merchandise credit. Prize will be fulfilled within 6-8 weeks after winner verification.

 

14. No Obligation to Use. Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and Contestants shall not be entitled to any damages or other relief by reason thereof.

 

15. Relationship of Parties. Each Contestant hereby acknowledges and agrees that the relationship between Contestant and Sponsor is not a confidential, fiduciary, or other special relationship. Each Contestant understands and acknowledges that Sponsor and has wide access to ideas, stories, designs, and other literary materials, and that new ideas and designs are constantly being submitted to it or being developed by its own employees and agents. Each Contestant also acknowledges that many, ideas, designs or photos may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Contestant acknowledges and agrees that such Contestant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material.

 

16. Dates/Deadlines. Because of 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. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.

 

17. Limitation of Liability. By entering the Contest, Contestants waive all right to, and hold Sponsor harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in the Contest or the acceptance, use, or misuse of any prize. Sponsor will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Contest; by any human error which may occur in the processing of the entries in this Contest; or any typographical, technological, or other error in the publishing of the Contest or announcement of the prize. If, in Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Contest, or if technical difficulties (including viruses and bugs) compromise the integrity of the Contest, Sponsor reserves the right, in its sole discretion, to cancel or modify the Contest. In the event of termination, winners will be selected from among all eligible entries received as of date of termination.

 

18. Disputes. Except where prohibited by law, this Contest is governed by, and will be construed in accordance with, the laws of the state of Colorado, and the forum and venue for any dispute shall be in the county of Denver, Colorado. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its arbitration rules and procedures or subsequent versions thereof (“AAA Rules”). All proceedings brought pursuant to this paragraph will be conducted in Denver County, Colorado. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.

 

19. General. Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected, at Sponsor’s sole discretion, that a Contestant has registered, entered or attempted to register or enter more than once using multiple email addresses, identities, proxy servers or like methods, all of that Contestant’s entries may be declared null and void, and that Contestant may be ineligible to win a prize. Sponsor reserves the right to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting with the intent to disrupt the normal operation of the Contest. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of the prize winner in a manner it deems fair and reasonable, including the selection of prize winners from among eligible entries received prior to such cancellation, termination, modification or suspension. All entries and/or materials submitted become the property of Sponsor and will not be returned.

 

20. Winner List. To obtain information about the prize winner, interested individuals should place a self-addressed, stamped business-sized envelope in an envelope and mail it to: Balanced Health Botanicals, LLC, 1720 S. Bellaire St., PH Ste, Denver, CO 80222.

 

 

This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. or Instagram, Inc.

 

Facebook is a registered trademark of Facebook, Inc. All rights reserved.

Instagram is a registered trademark of Instagram, Inc. All rights reserved.