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, PROVINCIAL, TERRITORIAL, 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 78702.

2. Eligibility. 

1. General Eligibility. The Contest is only open to (a) legal residents of Canada, excluding the province of Quebec, who (b) are eighteen (18) years of age or older, or the age of majority in their province or territory of residence (nineteen (19) in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, the Northwest Territories, Nunavut, and Yukon), whichever is 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, provincial, territorial, and local laws and regulations apply.

2. 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 proof of identity, residency, and/or age, limited to the information reasonably necessary to verify eligibility; Sponsor will not retain copies of government-issued identification longer than necessary for that purpose. To remain eligible to win a Prize in a given calendar month/Contest, a Contestant must have submitted at least one (1) Entry Post that complies with Section 4.1 during the immediately preceding calendar month. This requirement does not apply to a Contestant’s first calendar month of participation in the Contest. For purposes of this Section, a Contestant’s “first calendar month of participation” is the calendar month in which the Contestant first becomes eligible to enter a Contest under these Official Rules.

3. Contest Briefs. Sponsor will publish a brief for each Contest (the “Contest Brief”), which will be made publicly accessible to Contestants through the Creator Platform before the start of the Contest Period, specifying: (a) the Contest Period, including the start and end date and time, with time zone, and the entry deadline; (b) eligible Bloom Products; (c) required hashtags and account tagging; (d) Contest Categories (defined below); (e) the number of prizes available in each category and the approximate value of each prize, stated in Canadian dollars; (f) any regional allocation of prizes; (g) the judging criteria and their weighting for each Creativity category; (h) the winner selection date and the method by which potential winners will be notified; (i) any facts known to Sponsor that materially affect the chances of winning; and (j) 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.

4. 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 during the Contest Period that has not been previously submitted in, or awarded a Prize in, any prior Contest; (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, and clearly and prominently disclose the Contestant’s material connection with Sponsor and that the post is a contest entry; (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. 

2. 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).

3. No Purchase Required. No purchase of a Product is required to enter or win. Contestants may enter using a Product received free of charge through the Program. A purchase will not increase a Contestant’s chances of winning.

5. 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.

2. Moral Rights. To the extent permitted by law, Contestant waives any moral rights in the Entry Post, including, a waiver in favour of Sponsor and its designees of all moral rights under section 14.1 of the Copyright Act (Canada).

3. Publicity Release. Except where prohibited by law, 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 solely for purposes of promoting the Contest, in any media, for a reasonable period following the Contest, without further compensation.

6. 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 and binding, to the extent permitted by applicable law. Contestants acknowledge that view counts may be affected by platform algorithms and other factors outside the Contestant’s control. A Contestant may win a Most Views Prize only once per calendar quarter during the calendar year, regardless of the number of Contests entered during such quarter. 

2. Creativity Categories. At the conclusion of the Contest Period, all eligible Entry Posts will be judged by Sponsor’s qualified judges for creativity, originality, relevance to the theme, and technical quality, weighted as specified in the applicable Contest Brief, 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). 

3. 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). A Contestant may win a Frequency Prize only once per calendar quarter during the calendar year, regardless of the number of Contest entered during such quarter.

4. Ties. In the event two or more Contestants tie in any prize category, the tie will be broken on the basis of skill, without any random draw, by Sponsor’s judges scoring the tied Entry Posts against the judging criteria specified in Section 6.2 and the applicable Contest Brief; the Entry Post with the highest judged score will be awarded the Prize. If a tie remains, Sponsor reserves the right, in its sole discretion, to award each tied Contestant the full prize value.

5. Sponsor Decisions. To the extent permitted by applicable law, 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.

7. 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 approximate value, in CAD, of the prize allocated to each prize category (collectively, the “Most Views Prizes”).

2. 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 approximate value, in CAD, of the prize allocated to each prize category (collectively, the “Creativity Prizes”). 

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

4. 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.”

5. Prize Payment. All Prize money will be paid to Contestant via Sponsor’s Creator Platform within forty-five (45) days after the winner is confirmed, and distribution of Prizes will not be unduly delayed.

8. 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, provincial, territorial, 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 a reasonable declaration of eligibility and liability/publicity release or similar document. Sponsor may request such information as is necessary for applicable tax reporting. Such documents must be returned within three (3) business days of Sponsor notifying winner of his/her Prize eligibility. In the event (a) Sponsor is unable to contact any winner within three (3) business days 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 in accordance with the judging criteria. 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, except as required by applicable law.

9. 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 and in the applicable Contest Brief.

10. 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. Nothing in this Section restricts any disclosure of Contestant’s material connection with Sponsor that is required by law or applicable advertising standards. 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.

11. 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. 

12. Contestant’s Personal Information. Sponsor collects, uses, and discloses Contestants’ personal information (such as name, e-mail address, mailing address, social media handle, and eligibility verification information) for the following purposes: administering the Contest, verifying eligibility, contacting winners and awarding Prizes, tax reporting, and complying with applicable law. Sponsor will only use a Contestant’s personal information to send marketing or promotional communications where the Contestant has provided separate, express consent (e.g., by checking an unchecked opt-in box), which is not a condition of entry; any such commercial electronic message will identify Sponsor and include a functioning unsubscribe mechanism, in accordance with Canada’s Anti-Spam Legislation. Personal information may be stored and processed in the United States and other jurisdictions outside a Contestant’s province or country of residence, where it may be accessible to authorities under local law. Personal information will be retained only as long as necessary to fulfill these purposes or as required by law. Subject to applicable law, Contestants may request access to or correction of their personal information, or withdraw consent, by contacting Sponsor at legal@nutrabolt.com. Canadian residents may file a complaint with the Office of the Privacy Commissioner of Canada or the applicable provincial privacy commissioner. All information will otherwise be treated in accordance with Sponsor’s Privacy Policy, available at https://www.bloomnu.com/pages/privacy-policy. 

13. Release and Limitation of Liability.  This Contest is subject to all applicable federal, provincial, territorial, and local laws. By entering the Contest, Contestants agree to be bound by all applicable laws. To the extent permitted by applicable law, the decisions of Sponsor are final and binding in all respects. Except where prohibited by law, Contestants waive any and all rights to claim ambiguity, should it even exist, in connection with these Official Rules. 

To the extent permitted by applicable law, 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. To the extent permitted by applicable law, 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. To the extent permitted by applicable law, 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. Nothing in these Official Rules excludes or limits liability for gross negligence, intentional or gross fault, or bodily or moral injury caused to a Contestant, including as provided in article 1474 of the Civil Code of Québec, or any other liability that cannot be excluded or limited under applicable law. THE PRIZE IS AWARDED BY THE SPONSOR “AS IS” WITHOUT ANY WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, EXCEPT AS REQUIRED BY APPLICABLE LAW. 

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.

14. 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. 

15. 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, to the extent permitted by applicable law. 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.

16. 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. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, 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. THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS OF THIS SECTION DO NOT APPLY TO ONTARIO RESIDENTS WHO ARE CONSUMERS (CONSUMER PROTECTION ACT, 2002 (ONTARIO), SS. 7–8), OR TO ANY OTHER CONTESTANT WHERE PROHIBITED BY APPLICABLE LAW. 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.

17. 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 Gifting Program Contest
500 Chicon Street
Austin, Texas 78702

With a concurrent copy to:

Woodbolt Distribution, LLC d/b/a Nutrabolt
Bloom Incentivized Gifting Program Contest

Attn: Legal Department
332 Grace Lane
Austin, Texas 78746