REGOLAMENTO UFFICIALE DEL CONCORSO “FESTA DELLA MAMMA 2022”

NO PURCHASE OR DOWNLOAD NECESSARY.

A PURCHASE OR DOWNLOAD OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. CONTEST DESCRIPTION:

Hooray Studios d.o.o., Dunajska cesta 5, 1000 Ljubljana, Slovenia (the “Hooray”) has as a part of the promotion of its products during the Mother’s Day season prepared  the contest in the course of which the Entrants (as defined below) will have a chance to win Hooray’s personalized book series and other prizes as determined herein (the “Contest”). The Contest begins on May 5, 2022 at the time of the posting of the Social Media Post and ends on May 11, 2022 at 23.59 CET (the “Contest Period”). Hooray reserves the right to shorten the Contest Period at its own discretion, including but not limited to the market situation at the time of consideration.

During the Contest, Entrants will have the opportunity to submit their application in accordance with Section 3.1 of these Official Rules (the “Rules”) to take part in the Contest (“the Entry”). Each person submitting the Entry during the Contest (each the “Entrant” and collectively “Entrants”) will have a chance to win the Prizes determined in Section 4.1 of these Rules.

The winners (9) of the Contest (each the “Winner”) will be chosen by the juror based on originality, creativity, overall impression of the narrative, anticipated emotional impact on audience and visual appeal of their Entry.

BY SUBMITTING THE ENTRY OR BY CONTINUING TO PARTICIPATE IN THE CONTEST FOLLOWING OUR POSTING OF A CHANGE NOTICE, EACH ENTRANT UNCONDITIONALLY ACCEPTS AND AGREES TO THESE OFFICIAL RULES AND WARRANTS THAT THEIR ENTRY COMPLIES WITH ALL REQUIREMENTS SET OUT HEREIN. Information included in the Social Media Post (as defined below) published on Hooray social media account, consisting of instructions on how to enter the Contest and description of the Prizes, forms part of these Rules. In case of any discrepancies between the terms of these Rules and the Social Media Post, the terms of Social Media post shall prevail.

By submitting the Entry, each Entrant irrevocably understands and agrees that the Entrant can communicate with Hooray only in English language.

All personal information collected in connection with the Contest will be used by Hooray in accordance with Privacy Policy accessible at https://urraeroi.it/tutela-privacy.

If you require any additional information, please contact us at ciao@urraeroi.it.

2. ELIGIBILITY:

2.1. General Eligibility Requirements.

To partake in the Contest the Entrant must: (i) be 18 years of age or older or the age of majority in their state of residence at the time of the submission of the Entry, (ii) have their place of residence in Italy. Employees of Hooray, and their subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related, are not eligible.

THE CONTEST IS VOID (i) WHERE PROHIBITED AND (ii) WHERE REGISTRATION WITH AUTHORITIES OR FULFILLMENT OF OTHER CONDITIONS (E.G. HAVING RULES PUBLISHED IN THE LOCAL LANGUAGE) IS NECESSARY IN ACCORDANCE WITH LOCAL LAWS. No businesses or non-profit organizations are permitted to enter the Contest.

2.2. Specific Eligibility Requirements.

To participate in the Contest, the Entrant must have TikTok, Facebook or Instagram social media profile, as appropriate, by which the Entrant submits the Entry to the Contest in accordance with the Entry Procedure set forth in Section 3 below.

3. ENTRY PROCEDURE AND REQUIREMENTS AND SELECTION OF WINNERS:

3.1. The Entry, the Entry Procedure and Requirements.

At the start of the Contest Period Hooray will publish three social media posts, one on each social media platform through which the Entrant may submit the Entry – Facebook, TikTok and Instagram (the “Applicable Social Media Platforms”), where each social media post shall consist of the invitation to submit the Entry to the Contest, the additional details of the Contest and the entry requirements for taking part in the Contest (the “Social Media Post”).

The correctly submitted Entry shall comply with the following entry requirements (the “Entry Requirements”):

  • The Entry shall be submitted via one of the Applicable Social Media Platforms. Submitting more than one Entry does not increase the chances of winning.
  • The Entry shall be submitted on the Applicable Social Media Platforms in one of the following ways:
    • in form of a comment response to the Social Media Post; or
    • in form of an independent social media post on Entrant’s social media profile on one of Applicable Social Media Platforms, where Entrant shall include in such social media post the hashtag #urrafdm;
    • in form of an independent social media post on Hooray’s Facebook social media profile (i.e. in community page), where Entrant shall include in such social media post the hashtag #urrafdm;
    • through direct communication channels with Hooray provided by the Applicable Social Media Platforms, where the direct communication shall in anyway whatsoever mention the Contest, the Social Media Post, these Rules or include the hashtag #urrafdm.
  • The Entry shall consist of video recording and/or one or more photograph(s) featuring Hooray’s personalized book series being presented as a gift to a female receiver (i.e. a giver’s mom) (the “Media Content”). The Media Content must portray Hooray’s personalized books series’ cover and/or its inside (illustrations) and should display similarities with real-life persons included in the Media Content.
  • The Entry, when submitted as an independent social media post, must include the so-called disclaimer in order to make the promotional nature of communication evident.

The Entries received by Hooray after the end of the Contest Period shall be considered not to be correctly submitted and shall be disqualified.

Hooray is not responsible for late or unsuccessful attempts to submit the Entry. Incomplete, corrupted, or untimely Entries are void and will be disqualified. Hooray is not responsible for lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), incomplete uploads, or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. Proof of sending or submission will not be deemed to be proof of receipt of the Entry by Hooray. Automated entries or entries submitted by third parties will be disqualified.

3.2. Selection of the Winner.

After the Contest Period concludes, potential prize winners will be selected from all eligible Entries received (the “Potential Prize Winner”).

Only after the Potential Prize Winner provides to Hooray all information and Paperwork necessary for the Prize (as defined below) to be awarded to them, the Potential Prize Winner shall be named the Winner.

For the purposes of the Contest, nine (9) Winners receiving the Prizes specified in Section 4 shall be selected.

3.3. Notification of Potential Prize Winners and Award of the Prize.

Any Potential Prize Winner will be notified of their selection publicly by Hooray posting a comment to Social Media Post and including (tagging) their name (the “Announcement”). The Announcement shall be made within one week following the expiration of the Contest Period. The Potential Prize Winner determined in the Announcement shall respond within 3 business days following the publication of the Announcement via Applicable Social Media Platform direct messaging application or by e-mail to ciao@urraeroi.it.

The Potential Prize Winner will be required to provide to Hooray their full name, address, tax ID number, and Country of residence for tax purposes (the “Required Information”), and sign and return a statement of Eligibility (the “Paperwork”) within five (5) days following the request made by Hooray to provide the Required Information and Paperwork. Should the Potential Prize Winner fail to provide to Hooray the Required Information and Paperwork referred to in the previous sentence, or found to be ineligible, such Potential Prize Winner shall be considered not eligible in accordance with these Rules and an alternate Potential Prize Winner will be selected from among the remaining non-winning eligible Entries received during the Contest Period.

After verification of the Required Information and Paperwork, the Prize will be awarded to the Winner in accordance with Section 4.2 of these Rules.

Hooray may, at its sole discretion, decide to recognize the Potential Prize Winner as the Winner and award them the Prize regardless their failure to submit the requested Required Information and Paperwork, however, only under the condition that the Potential Prize Winner agrees by signing the agreement with Hooray that the Prize will be awarded to them, at Hooray’s sole discretion, if the Entry is original and new to Hooray and to accept the Prize, as awarded by Hooray at any time, in full settlement of any claims, which they may make against Hooray, except for claims of patent infringement. Unless and until a written agreement with Hooray is executed, the Potential Prize Winner will not receive the Prize, and Hooray will have no obligation to the Potential Prize Winner in any respect whatsoever with regard to the Prize and/or the Entry.

Hooray shall not be held liable for any selection notification and/or Announcement that is lost, intercepted, or not received by the Potential Prize Winner for any reason whatsoever.

If the Potential Prize Winner does not respond to the Announcement within the time set by Hooray herein, or if the selection notification is returned as unclaimed or undeliverable or if the Potential Prize Winner refuses to provide the Required Information and Paperwork required in the second paragraph of this section, the Potential Prize Winner hereby forfeits his status, i.e. forfeits his rights and the Prize determined herein and an alternate Potential Prize Winner will be selected from among the remaining non-winning eligible entries received during the Contest Period.

Any communication or information transmitted to Hooray its affiliates, related companies or subsidiaries by the Entrant, Potential Prize Winner or Winner by electronic mail, social media platform direct messaging application, or otherwise is and will be treated as non-confidential and nonproprietary.

4. PRIZE:

4.1. Determination of the Prize.

Among all eligible Entries nine (9) Winners will be selected by the juror based on originality, creativity, overall impression of the narrative, anticipated emotional impact on audience and visual appeal of their Entry to receive the prizes as follows (each the “Prize” and collectively the “Prizes”:

  • one (1) Winner shall receive the Prize consisting of three (3) Hooray’s personalized book series of the Winner’s choice (the “Grand Prize”);
  • one (1) Winner shall receive the Prize consisting of one (1) Hooray’s personalized book series of the Winner’s choice and accompanying giftbox (the “Second Prize”);
  • three (3) Winners shall each receive the Prize consisting of one (1) Hooray’s personalized book series of the Winner’s choice (the “Third Prize”); and
  • four (4) Winners shall each receive the Prize consisting of one (1) coupon code for twenty percent (20 %) reduction in the market value of one (1) Hooray’s personalized book series (the “Partial Coupon”)(the “Fourth Prize”).

In the case of unavailability of the Prizes, Hooray reserves the right to substitute the Prize for a product of equal or greater value.

4.2. Award of the Prize.

Where the Grand Prize, the Second Prize and the Third Prize, in part or in full, consist of Hooray’s personalized book series of the Winner’s choice and accompanying giftbox, where applicable, the Winner shall receive one (1) coupon code for one hundred percent (100%) reduction in the value of awarded Hooray’s personalized book series Hooray’s personalized book series of the Winner’s choice, one (1) accompanying giftbox, where applicable, and the Shipping (the “Full Coupon”), specifically the market value of the Hooray’s personal book series and accompanying giftbox, if any, included in the Prize, and the shipping costs for the book, where the shipping option covered by the Full Coupon shall be communicated to the Winner by Hooray at the time of sending of the Full Coupon (the “Shipping”).

The Partial Coupon and the Full Coupon (collectively, the “Coupon”) shall be used by the Winner to claim the Prize, or any part of it, i.e. to order the Hooray personalized book and make use of the Shipping on Hooray’s Website accessible at www.urraeroi.it (the “Site”).

If the Winner’s order exceeds the value of the Coupon for any reason whatsoever, including but not limited to additional products selected by the Winner or different shipping option selected, the difference shall be settled by the Winner by another admissible payment method.

Coupon is not transferable and is not redeemable for cash. The Coupon may only be used once. The Coupon can be combined with any other offer or discount, or promotion offered by Hooray.

The Coupon is valid for a limited time only and expires on the date specified by Hooray when sending the Coupon.

Hooray will automatically remit any taxes Hooray is liable for under the laws of Hooray’s country of residence for tax purposes. The Winner is solely responsible for payment of any and all fees and costs and applicable federal, state, and local taxes and expenses related to acceptance and use of the Prize not specifically stated herein.

5. RIGHTS IN THE CONTENT AND IMAGE RIGHTS RELEASE:

This Section applies to Media Content, any other photo and/or video material, comment to the Social Media Post or other content provided to Hooray by the Entrant through Applicable Social Media Platforms direct messaging application, in the comment to Social Media Post or in any other way for the purpose of or in relation to the Contest (the “Content”).

The Entrant is and remains the owner of the Content. However, by submitting the Entry the Entrant agrees and accepts to be bound by Hooray’s User Generated Terms of Use, whereby the Entrant expressly agrees to grant to Hooray and its affiliates, subsidiaries and related companies a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable and sublicensable right and license to use, distribute, reproduce, modify, make derivative works of, publicly perform, and display the Content in any manner to be determined in the Hooray’s sole discretion, including, but not limited to on webpages and social media platforms, in promotional e-mails and advertisements, and in any and all other marketing, promotional, and advertising initiatives, including but not limited to promotions on social media platforms, television and radio advertisements, and in any media now or hereafter known.

Furthermore, in accordance with the User Generated Terms of Use the Entrant grants to Hooray the right to use the Entrant’s username, real name, image, likeness, description, location and/or other identifying information, including, but not limited to, the Entrant’s voice, in connection with any use of the Content.

The Entrant waives any right to review and approve publication or other use of the Content, either in its original form or as edited by Hooray now and in the future and accepts that the herein granted right of Hooray to the use of the Content does not constitute an obligation to make use of this right.

The Entrant expressly acknowledges and agrees to accept the Prize as the full and final consideration for all rights granted under these Rules and further confirms that upon the receipt of Prize in accordance with the Section 4 of these Rules, if any, all obligations of Hooray and its related companies to the Entrant are effectively fulfilled. No further sums shall be required to be paid by Hooray by way of repeat fees, use fees, residuals, royalties or other payments whatsoever.

The Entrant acknowledges that any Hooray’s names, characters and logos, trade names, service marks, confidential information and/or other intellectual property rights of Hooray or its affiliates, subsidiaries, and related companies (collectively, the “Hooray Content”) and any materials provided to the Entrant by or on behalf of Hooray (and/or any of its affiliates, subsidiaries, and/or related companies and/or their respective employees, representatives, contractors or agents) hereunder shall be owned exclusively by and shall inure solely to the benefit of Hooray. The Entrant further agrees that they will not claim any right in or to the Hooray Content and/or such materials. Further, the Entrant shall not use or modify any Hooray Content or such materials without the prior written approval of Hooray.

6. PERSONAL INFORMATION:

Hooray will, for the purpose of the performance of these Rules and the delivery of any documentation hereunder and for the purpose of using the Content created and delivered under these Rules process (i) personal information provided by the Entrant in the Entry, (ii)  personal information provided by the Entrant and/or Potential Prize Winner and/or the Winner in their correspondence with Hooray and (iii) personal information included in the Content, where personal information means any information that specifically identifies or, when combined with other data, can be used to identify you or other individuals, such as the Entrant’s or another’s name, email address, likeness or voice (the “Personal Information”). Personal Information shall be processed by Hooray only as necessary for the performance of these Rules and in accordance with the Hooray’s Privacy Policy.

Hooray may share Personal Information with its related companies, third-party service providers, including social media platforms and marketing agencies, successors upon merger and acquirers, and with regulatory authorities responsible for the enforcement of data protection laws or other law enforcement authorities upon their request as further described in the Privacy Policy. Hooray will retain Personal Information for as long as necessary to fulfill the purposes for which Personal Information was collected, unless otherwise is required by Hooray’s legal obligations under tax, commercial and other laws or to establish, exercise or defend Hooray’s legal rights. Once no business need or obligation exists to process Personal Information, Hooray will either delete or, if unable to delete, anonymize the Personal Information.

7. THIRD PERSON’S RIGHTS:

The Entrant hereby acknowledges and agrees to inform any third person included in the Media Content, in the communication with Hooray or/and in the Content (the “Third Person”) about the terms of Sections 5 and 6 of the Rules and explain to them that their social media username, name, and Personal Information provided to Hooray by the Entrant, their likeness, voice, singing voice, conversation, sounds and biographical data will be used by Hooray for the purposes of and in a way described in these Rules. The Entrant undertakes to obtain the Third Person’s consent to such use of their likeness and other personal attributes, and their Personal Information.

The Entrant hereby affirms and warrants the Entrant has the right to grant Hooray and the Entrant grants Hooray and its affiliates, subsidiaries and related companies the irrevocable and unlimited right to use the Third Person’s appearance, name, likeness, voice, singing voice, conversation, sounds and biographical data in accordance with Section 5 of these Rules. In addition, the Entrant consents on behalf of the Third Person to the processing of the Third Person’s Personal Information by Hooray in accordance with Section 6 of these Rules.

Before consenting to the processing of their Personal Information by Hooray, the Third Person shall be specifically informed by the Entrant (i) of the voluntarily nature of their consent, (ii) that their Personal Information will only be processed by Hooray with and on the basis of their consent, (iii) about the right to withdraw their consent at any time, and (iv) that in the event they do not consent as the only consequence the Entrant will be considered not eligible in accordance with these Rules.

8. WARRANTIES AND INDEMNIFICATION:

The Entrant warrants and represents that (i) the Entrant is eligible to enter the Contest, (ii) the Entrant is entitled to grant to Hooray the rights, permissions and consents granted under these Rules and any other Hooray terms and conditions referenced in these Rules and made available to the Entrant, (iii) the Content does not infringe the copyright or any other personal or property rights of any person or is in breach of any statute or regulation, (iii) no adverse claim exists with respect to the Content, (iv) the Entrant owns and controls the said rights in the Content or has the exclusive right to the Content throughout the world, and (v) any persons appearing or included in the Content, including in the Media Content, have given their consents in accordance with Section 7 of these Rules.

The Entrant, Potential Prize Winner and/or the Winner releases and discharges, to the maximum extent permitted by applicable law, Hooray, any party associated with the development or administration of the Contest, their employees, agents or representatives or any of their subsidiaries, affiliates or related companies from any and all liability in connection with the Contest, including without limitation, legal claims, costs, injuries, losses or damages, demand or actions of any kind. The Entrant, further, agrees to hold Hooray and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waives any right to pursue, any claims of any nature arising from or in connection to the Contest as carried out pursuant to these Rules. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HOORAY AND ITS ENTITIES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HOORAY AND ITS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. MISCELLANEOUS:

9.1. Additional Terms.

These Rules apply to the Contest and to Hooray’s use of the Content produced or supplied during the Contest. In addition, to the extend the Entrant, Potential Prize Winner and/or the Winner uses other services and products offered by Hooray, the Entrant, Potential Prize Winner and/or the Winner is also subject to additional terms of use, agreements, guidelines or rules provided by Hooray applicable to such Hooray services, including but not limited to those set forth on the Site, and the Entrant, Potential Prize Winner and/or the Winner hereby agrees to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Hooray (the “Hooray Studios Terms”). In case of any discrepancies between the provisions contained in these Rules and the provisions contained in the Hooray Studios Terms, the provisions of these shall Rules prevail.

9.2. Modification of terms and Cancellation.

Hooray may at any time modify any part or all of the Rules by posting a revised version on the Site. The revised version of the Rules will become effective and binding the next day after it is posted. By submitting the entry, the Entrant agrees to and shall be bound by the then applicable Rules which continue to be applicable to the Entrant throughout the Contest.

Hooray reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Hooray in its sole discretion.

9.3. No Assignment.

These Rules are personal to the Entrant, Potential Prize Winner and/or the Winner and may not be assigned or transferred by them for any reason whatsoever without Hooray’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

9.4. No waiver.

The Entrant, Potential Prize Winner and/or the Winner agrees that if Hooray does not exercise or enforce any legal right or remedy which is contained in these Rules (or which Hooray has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hooray’s rights and that those rights or remedies will still be available to Hooray.

9.5. Severability.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Rules are invalid, then that provision will be removed without affecting the rest of the Rules. The remaining provisions of these Rules will continue to be valid and enforceable.

9.6. Governing Law and Jurisdiction.

This Agreement shall be governed by the laws of the Republic of Slovenia without regard to its conflicts of law rules. Parties consent to the exclusive jurisdiction of courts in Ljubljana, Slovenia.