BLOOM INCENTIVIZED PROGRAM CONTEST

Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

Participation in the Contest (defined below) constitutes Contestant’s (as defined herein) full and unconditional agreement to and acceptance of these rules (the “Official Rules”). All Contestants must submit their entry during date period identified in each Contest Brief (defined below) (the “Contest Period”). 

1. Sponsor. The Bloom Incentivized Program Contest (the “Contest”) is sponsored by Bloom Nu, LLC (the “Sponsor”), with offices located at 500 Chicon Street, Austin, Texas 78746.

1. Eligibility. 

1. General Eligibility. The Contest is only open to (a) legal residents of the United States and the District of Columbia, who (b) are eighteen (18) years of age or older as of the time of entry, and (c) are not otherwise prohibited from entry as set forth herein. Employees, officers, and directors (including immediate family members and members of the same household) of the Sponsor, its affiliated companies and subsidiaries, and its advertising and promotion agencies, are ineligible to participate. All federal, state, and local laws and regulations apply.

1. Additional Eligibility Requirements. Contestants must: (a) have a valid account on Sponsor’s creator platform, as designated by Sponsor (the “Creator Platform”); (b) have a valid social media account; (c) be able to receive communications from Sponsor; and (d) have consented and agreed to the Bloom Product Gifting Program Terms & Conditions (the “Program Terms”) available in the Creator Platform, which are integrated into these Official Rules. Capitalized terms used in these Official Rules but not defined herein have the meanings assigned to such terms in the Program Terms. Contestants may be required to provide government-issued identification, proof of residency, and/or age verification.

1. Contest Briefs. Sponsor will publish a brief for each Contest (the “Contest Brief”) specifying: (a) each Contest Period, (b) eligible Bloom Products, (c) required hashtags and account tagging, (d) Contest Categories (defined below), (d) prizes, and (e) specific Contest requirements. These Official Rules are integrated into each Contest Brief. In the event of any conflict between a Contest Brief and these Official Rules, these Official Rules shall govern.

1. How to Enter. Eligible persons who wish to enter a Contest (the “Contestants”) must, during the applicable Contest Period: (a) post an original post on Contestant’s official Instagram or TikTok account prominently featuring an eligible Product (as defined in the Contest Brief) (the “Entry Post”) and (b) submit the Entry Post for consideration in the Contest by: (1) tagging the applicable account as designated in the Contest Brief and (2) using the necessary hashtags specified in the Contest Brief. Each Entry Post must comply with the Entry Post requirements set forth below.

1. Entry Post Requirements. Each Entry Post must: (a) be an original work created by the Contestant; (b) be posted publicly and in-feed on TikTok and/or Instagram during the applicable Contest Period (any stories do not qualify as Entry Posts); (c) mention @bloom if posted on TikTok or mention @bloomsupps if posted on Instagram; (d) contain the hashtag #giftedbybloom as the first hashtag on any Entry Post; (e) contain the eligible Product hashtag and, where applicable, the category hashtag as specified in the Contest Brief; (f) feature at least one eligible Product as specified in the Contest Brief; (g) display the eligible Product for at least five (5) seconds within the first ten (10) seconds of the video, with the front of the Product and the Bloom logo facing the camera; (h) not feature any competing brand or product; (i) not contain any excessive profanity, depictions of intoxication, offensive behavior, violence, aggression, or gratuitous negativity; (j)  not contain third-party intellectual property, private, or confidential information, or the likeness of any person without proper permission; and (k) otherwise be compliant with these Official Rules, the Program Terms, and applicable laws. 

1. Entries and Prize Limits. There is no limit on the number of Entry Posts a Contestant may submit during a Contest Period. Each Entry Post meeting all requirements of this section counts as a separate Entry Post. A Contestant may win only one (1) Prize per Contest, regardless of the number of Entry Posts submitted or the number of categories in which the Contestant would otherwise place. Where a Contestant’s Entry Posts qualify for multiple categories, as specified in the Contest Brief, Sponsor will award the category Prize of greatest value (monetary or based on approximate retail value).

1. Content License; Publicity.

1. License to Sponsor. By submitting an Entry Post, Contestant grants to Sponsor and its designees a worldwide, royalty-free, sublicensable, transferable, irrevocable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, publicly perform, and publicly display the Entry Post, in whole or in part, in any media now known or hereafter developed, for the purposes of administering, promoting, and advertising the Contest and Sponsor’s products and services.

1. Moral Rights. To the extent permitted by law, Contestant waives any moral rights in the Entry Post.

1. Publicity Release. Except where prohibited, participation constitutes Contestant’s consent for Sponsor and its designees to use Contestant’s name, likeness, voice, persona, city and state/province of residence, and prize information for promotional purposes in any media without further notice, approval, or compensation.

1. Judging; Winner Selection.  

1. Most Views Category. At the conclusion of the Contest Period, all eligible Entry Posts will be evaluated by Sponsor for most views. The Entry Posts with the most views will be deemed the potential winners of the Most Views Prizes (defined below). The amount of Entry Posts that may be awarded the Most Views Prizes will be specified in the Contest Brief. Sponsor’s data and records shall be the sole data and records used to determine most views on the applicable platform and shall be final, binding, and not subject to dispute. A Contestant may win a Most Views Prize only once per calendar quarter during the calendar year.

1. Creativity Categories. At the conclusion of the Contest Period, all eligible Entry Posts will be evaluated for creativity, originality, relevance to the theme, and technical quality with respect to the categories specified in the applicable Contest Brief. The Entry Posts with the highest total scores in each category will be deemed the potential winner(s) of the Creativity Prizes (defined below). 

1. Frequency Category. At the conclusion of the Contest Period, Sponsor will evaluate all eligible Entry Posts submitted by each Contestant during the Contest Period. The Contestants who submitted the greatest number of eligible Entry Posts will be deemed the potential winners of the Frequency Prizes (defined below). 

1. Ties. In the event two or more Contestants tie in any prize category, the total value of the prize for the category will be divided equally among the tied Contestants. Sponsor reserves the right, in its sole discretion, to aware each tied Contestant the full prize value instead.

1. Sponsor Decisions. Sponsor’s decisions are final and binding in all matters related to the Contest and Sponsor’s data and records shall be the sole data and records used to determine eligible Entry Posts and winning Entry Posts.

1. Prizes.

1. Most Views Prizes. In each Contest Brief, Sponsor will specify: (a) the total number of prizes available for the “most views” category, as referenced in section 6, and (b) the value, in USD, of the prize allocated to each prize category (collectively, the “Most Views Prizes”).

1. Creativity Prizes. In each Contest Brief, Sponsor will specify: (a) the total number of prizes available for each “creativity” category, as referenced in section 6 and (b) the value, in USD, of the prize allocated to each prize category (collectively, the “Creativity Prizes”). 

1. Frequency Prizes. In each Contest Brief, Sponsor will specify: (a) the total number of prizes available in the “frequency” category and (b) the value, in USD, of each prize allocated to each prize category (collectively, the “Frequency Prizes”).

1. Prize Definition. The Most Views Prizes, the Creativity Prizes, and the Frequency Prizes may be collectively referred to herein as the “Prizes” or singularly as a “Prize.”

1. Prize Payment. All Prize money will be paid to Contestant via Sponsor’s Creator Platform.

1. Prize Conditions.  Each Prize is nontransferable, and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize with another prize of equal or greater value in the event that the designated Prize (or any component thereof) is not available for any reason. The winner of any Prize is solely responsible for all applicable federal, state, and local taxes and/or any other fees/costs associated with the Prize or receipt of the Prize. The winner, as a condition to receiving any Prize, may be required to sign and return an affidavit of eligibility and liability/publicity release or similar document and/or complete, sign, and submit an IRS Form W-9 or equivalent form with the winner’s full social security number or other U.S. taxpayer identification number within twenty-four (24) hours of Sponsor notifying winner of his/her Prize eligibility. In the event (a) Sponsor is unable to contact any winner within twenty-four (24) hours from the first notification attempt, (b) any winner fails to complete and return all requested forms within the timeframe specified by Sponsor, or (c) any winner fails to comply with any of the requirements in these Official Rules, such winner’s Prize will be forfeited, and an alternate prospective winner will be selected from all remaining eligible entries received. Sponsor or Sponsor’s designee may issue appropriate tax reporting forms related to a winner’s receipt of any Prize. Sponsor makes no representations or warranties regarding any Prizes or Products.

1. Odds of Winning. Odds of winning depend on the number and quality of eligible entries received and the application of the judging criteria specified above.

1. Confidentiality. As a participant in the Program or Contest, Contestants may receive communications about, and physical samples of, Bloom Products prior to their public launch. Where Sponsor identifies a Product, campaign, or communication as confidential, Contestant agrees not to post, publish, share, or otherwise disclose it publicly before the date Sponsor specifies. Sponsor will clearly communicate any applicable date at the time the Product or information is provided. Failure to comply with this provision may result in immediate removal from the Contest at Sponsor’s sole discretion, and may disqualify Contestant from any Contest then in-progress.

1. Removal from Contest. Sponsor may remove or disqualify any Contestant from a Contest at any time, in its sole discretion, including for: (a) failure to comply with these Official Rules (including any Contest Brief); (b) failure to comply with the Program Terms; (c) misrepresenting the nature of Contestant’s relationship with Sponsor or Contestant’s receipt of any Prize; (d) publishing any false claims or false marketing as the same related to the Contest; or (e) engaging in conduct Sponsor determines, in its sole discretion, reflects poorly on the Bloom brand, Products, or the Contest. Removal from the Contest does not entitle Contestant to any compensation or Prize. 

1. Contestant’s Personal Information. Contestant acknowledges and agrees that by participating in the Contest and providing any personal information, subject to applicable law, Sponsor may collect and use such personal information provided for the purposes of administering the Contest, for Sponsor’s internal purposes, and for marketing and advertising activities. All information submitted by Contestants, such as names, e-mail addresses, and mailing addresses, will be treated in accordance with Sponsor’s Privacy Policy, available at https://www.bloomnu.com/pages/privacy-policy. 

1. Release and Limitation of Liability.  This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, Contestants agree to be bound by all applicable laws. The decisions of Sponsor are final and binding in all respects. Contestants waive any and all rights to claim ambiguity, should it even exist, in connection with these Official Rules. 

Any winner agrees to release the Sponsor and its employees, officers, directors, owners, agents, and representatives (the “Released Parties”) from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by participation in the Contest, the Prize, or resulting from the acceptance, possession, or use/misuse of the Prize or any Product. Sponsor and the Released Parties shall have no responsibility or liability, including without limitation, liability for any property loss, damage, personal injury, or death, to any Contestants in connection with their participation in the Contest, including without limitation, any damage or loss due to human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the Prizes awarded or Products provided herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized in connection with the Contest; interruption or inability to access Sponsor’s website or any online service via the Internet due to hardware, software compatibility problems, or otherwise; any damage to a Contestant’s (or a third person’s) computer, network, and/or phone and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, even if caused by the negligence of Sponsor, the other Released Parties or any vendor, service provider, prize provider, contractor, or partner assisting with the operation or administration of the Contest. Sponsor shall not be liable for any injury, damage, loss, expenses, accident, delay, cancellation, diversions or substitutions, Force Majeure Events (as defined herein) or any negligence, act or omission, inconvenience or other irregularity that may occur. THE PRIZE IS AWARDED BY THE SPONSOR “AS IS” WITHOUT ANY WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED. 

BY PARTICIPATING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTESTANTS AGREE TO WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST SPONSOR AND THE RELEASED PARTIES RELATIVE TO THE PRIZE(S) AND HEREBY ACKNOWLEDGE THAT SPONSOR AND THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, RELATIVE TO ANY PRIZE, OR PRODUCT OR SERVICE PURCHASED THEREWITH, ITS QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR USE.   The failure of Sponsor or the Released Parties to comply with any provision of these Official Rules due to any act of God, storm, hurricane, tornadoes, other inclement weather, fire, riot, earthquake, act of terrorism, act of public enemies, war, civil unrest, or actions by governmental authorities outside the control of Sponsor (excepting compliance with applicable law), or other force majeure event (collectively, “Force Majeure Events”) will not be considered a breach of these Official Rules by Sponsor.

1. Contest Malfunctions. If for any reason this Contest is not capable of running as planned for any reason, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest in whole or in part, at any time, without notice. In such event, Sponsor may, in its sole discretion, (a) exclude any Contestants suspected of taking any action which violates these Official Rules or otherwise tampering with the operation of the Contest or (b) take any other action which in its sole discretion is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Contestant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials as a part of this Contest. Any person attempting to defraud or in any way tamper with the Contest may be prosecuted to the fullest extent of the law. Sponsor reserves the right, in its sole discretion, to postpone or cancel the Contest at any time. 

1. Conduct. By participating, Contestants agree to comply with and be bound by all of these Official Rules (including any Contest Brief) and the Program Terms. Failure to comply with these Official Rules (including the Contest Brief) or the Program Terms may result in disqualification from the Contest in Sponsor’s sole and absolute discretion. Sponsor reserves the right, in its sole and absolute discretion, to modify, postpone, cancel, or terminate the Contest in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the Contest. Contestants further agree to comply with and be bound by the decisions of Sponsor which shall be final and binding in all respects. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Contestant or other individual it finds to be: (a) tampering or attempting to tamper with the entry process or the smooth operation of the Contest, (b) taking any action which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, or (c) otherwise violating these Official Rules. By participating, Contestants represent and warrant that they will not tamper or attempt to tamper with the entry process or smooth operation of the Contest, including, but not limited to, by introducing any malware, bots, or other program which tampers with the operation of the Contest, or initiating or participating in any form of online attack on the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

1. Disputes. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EACH CONTESTANT AGREES THAT ANY CLAIM OR DISPUTE RELATED TO OR ARISING OUT OF THE CONTEST OR THESE OFFICIAL RULES SHALL BE FINALLY RESOLVED BY ARBITRATION AND SHALL BE BROUGHT INDIVIDUALLY AND NOT BY CLASS ACTION. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. ARBITRATION SHALL BE HELD IN THE STATE OF TEXAS AND COUNTY OF TRAVIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, CONTESTANT WAIVES ANY CLAIM THAT THE CONTESTANT MAY HAVE AGAINST SPONSOR FOR ANY LOSSES, INJURIES TO PERSON (INCLUDING DEATH) OR PROPERTY, DAMAGES (INCLUDING PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES), OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE CONTEST INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST PROFITS, LOST REVENUE, ATTORNEYS’ FEES, OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. IN NO EVENT SHALL CONTESTANT SEEK TO RESCIND ITS AGREEMENT WITH THESE OFFICIAL RULES OR THE PROGRAM TERMS OR INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Contestants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

1. Questions; Winner List. All questions and inquiries about the Contest may be submitted to Sponsor with the name of the Contest in the subject line or by sending a stamped, self-addressed envelope to the following mailing addresses. Additionally, any winners lists may be requested by any Contestant by sending a stamped, self-addressed envelope to the following addresses.

Bloom Nu, LLC

Bloom Incentivized Program Contest
500 Chicon Street
Austin, Texas 78746

With a concurrent copy to:

Woodbolt Distribution, LLC d/b/a Nutrabolt
Bloom Incentivized Program Contest
Attn: Legal Department
332 Grace Lane
Austin, Texas 78746