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Calling All H. M. Bradleys Official Rules

Calling All HM Bradleys Contest

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. NO PURCHASE WILL IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT AGREE. VOID WHERE PROHIBITED.

1. Eligibility: The Calling All HM Bradleys Contest (the “Contest”) is open to legal residents of the 50 United States and the District of Columbia (collectively, “U.S.”), currently residing in the U.S. (each, an “Entrant”, or collectively, “Entrants”), who:

  1. Are a natural person at least eighteen (18) years of age or older (except that Entrants may also submit, in place of themselves, their pet, and references to Entrant in such circumstances will refer to the natural person and their pet); and

  1. Are legally named “H. M. Bradley” or are willing to use the alias “H. M. Bradley” for a period of at least one (1) year if selected as a winner. Pets must be named “H. M. Bradley” (their full first and middle name is up to you).

Officers, directors, and employees of financial services companies are not eligible to participate or win. Employees of HM Bradley, Inc., any advertising, promotional, or other agencies involved in the creation, development, or administration of the Contest, and any of its or their direct or indirect parent, subsidiary, and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate or win. The Contest is void wherever prohibited or restricted by law. All federal, state, and local laws and regulations apply. Participation constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning is contingent upon fulfilling all requirements set forth herein. Entry in the Contest does not constitute entry into any other promotion, contest, or sweepstakes.

2. Sponsor: HM Bradley, Inc., 2219A Main St., Santa Monica CA 90405, is the “Sponsor” and administrator of the Contest.

3. Timing: Entries may be submitted between May 11, 2022, at 12:00 am (Eastern), and September 30, 2022, at 11:59 pm (Eastern) (the “Entry Period”). Sponsor’s computer shall be the official time-keeping device for the Contest. 

4. How to Enter: During the Entry Period, visit https://hmbradley.rippling-ats.com/job/428248/honorary-founder-contest, and follow the instructions provided to complete the registration process and upload the requested materials representing Entrant’s submission (an “Entry”). The Contest is limited to one Entry per natural person. Mass Entries or Entries generated by a script, macro or use of automated devices will be disqualified. All Entries must be received during the Entry Period. An automated computer receipt (such as one confirming delivery or submission of an Entry) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules. Once an Entry has been submitted, it may not be changed, altered or modified by Entrant. Entries will be deemed made by the authorized account holder of the email address listed in the Entry.

Information required as part of Entry:

  • Your basics, including your full legal name (and your pet’s name, if submitting your pet), location, and email address (your email won’t be published);
  • A resume of your (or your pet’s, if applicable) experience to be an “honorary founder of HM Bradley” (your “Resume”). This is not limited to traditional job experience and can include real world and life experience;
  • A letter explaining why you (or your pet, if applicable) should be an “honorary founder of HM Bradley” (your “Letter”). This can be anything from a fun personal story to a unique background or life experience that sets you apart;

Optional information to include as part of Entry:

  • A photo or a link to a video of yourself (or your pet, if applicable). Photo and/or link can be included in “Resume” or “Letter.”

Files you’ll need to submit as part of your Entry:

  • Your Resume in a PDF or Word document. 
  • Your Letter in a PDF or Word document. 

Important restrictions and requirements for your Entry:

  • Photographs and videos must be the original work of the Entrant or Entrant must have the complete right to use them for purposes of this Contest and to grant all of the rights granted hereunder, and they must not have been entered into any prior contest, sweepstakes, or promotion.
  • Entries may not include any people or photos of people other than Entrant.
  • Entries may not include photos with watermarks or other overlaid text or images.
  • Entries may not include any inappropriate, indecent, obscene, hateful, defamatory, slanderous, or libelous information, including but not limited to statements, materials, images, descriptions, references, and the like that promote bigotry, racism, hatred, or harm against any group or individual or that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other attribute.
  • Entries may not be inappropriate, offensive or obscene or endorse any form of hate or hate group.
  • Entries may not defame, misrepresent or contain disparaging remarks about other products, people or companies.
  • Entries may not contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, or contain any third-party’s personal identification such as personal names, e-mail addresses or street addresses.
  • Entries may not infringe any copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media).
  • Entries may not contain materials embodying the names, likenesses, photographs or other indicia identifying any person, living or dead, without permission.
  • Entries may not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
  • Entries may not depict and may not be in violation of any law. 

Important restrictions and requirements for your social media accounts (“Entrant Accounts”):

  • Entrant Accounts must be set to public (if you advance to Round 2).
  • Entrant Accounts may not include any inappropriate, indecent, obscene, hateful, defamatory, slanderous, or libelous posts or actions (actions include, by way of example but not limitation, “likes” or “re-posts”), including but not limited to statements, materials, images, descriptions, references, and the like that promote bigotry, racism, hatred, or harm against any group or individual or that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other attribute.
  • Entrant Accounts may not contain content which is inappropriate, offensive or obscene or endorses any form of hate or hate group.
  • Entrant Accounts may not contain content which defames, misrepresents or contain disparaging remarks about other products, people or companies.
  • Entrant Accounts may not communicate, or have communicated in the past, messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
  • Entrant Accounts may not depict and may not be in violation of any law. 

Sponsor reserves the right to disqualify any Entry for violation or potential violation of any of the foregoing, in its sole discretion. Sponsor also reserves the right to blur or otherwise edit or alter documents, photographs, and videos submitted as part of an Entry for compliance.

Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any Entry by you to or through this Contest.

5. Judging and Winner Selection

Round 1: Sponsor’s team will judge each Entry and assign it a confidential score from 1-65, based on the following criteria:

  1. How close your (or your pet’s, if applicable) real name is to “H. M. Bradley” (1-10 points; for human entrants: 10 points for an exact match, 7 points for last name “Bradley”, 5 points for first name “Bradley”, 1 point for all other names; for pet entrants: 1 point for an exact match)
  2. Enthusiasm for the HM Bradley brand (0-15 points)
  3. Unique or compelling personal story (0-20 points)
  4. Creativity of Entry (including Letter, Resume, and any photos/videos submitted) (0-15 points)
  5. Experience in Resume (0-5 points)

The 20 Entries with the highest scores will move forward (and if an Entry gets a 0 in any of the above categories it will be eliminated) to Round 2. Any ties will be broken based on criteria 1, followed by criteria 2 if a tie remains, and so on.

Round 2: Entrants in Round 2 will be subject to a background check and a review of Entrant Accounts.  Round 2 Entrants will be contacted by Sponsor for agreement to a background check and for a list of their (and their pet’s, if applicable) social media handles and/or usernames, if any (including but not limited to Instagram, Facebook, and TikTok; accounts must be set to public) (“Contact 1”). 

Failure to respond to Contact 1 within three (3) days, or to agree to and pass the background check, or failure of Entrant Accounts to comply with these Official Rules, will result in disqualification of such Entry, and the next highest-ranked Entry from Round 1 will replace the disqualified Entry in Round 2 (subject to the same background check and Entrant Account review). 

The 20 Entrants advancing from Round 1 and not disqualified under a background check or review of Entrant Accounts will be contacted via the email or phone number listed in their Entry to schedule a 30-minute Zoom interview with one or more of Sponsor’s team (“Contact 2”). Failure to respond to Contact 2 within two (2) days, or inability to schedule an interview between 12-8 pm Eastern on a date within ten (10) working days of Contact 2, shall result in disqualification of that Entry from the Contest, and the next highest-ranked Entry from Round 1 will replace the disqualified Entry in Round 2 (subject to the same background check and Entrant Account review), for a total of 20 interviews (or less if there are no remaining Entries eligible to move to Round 2). 

Following the interviews, Sponsor’s team will judge each Entry and assign it a confidential score from 1-90, based on the following criteria:

  1. How close your (or your pet’s, if applicable) real name is to “H. M. Bradley” (1-10 points; for human entrants: 10 points for an exact match, 7 points for last name “Bradley”, 5 points for first name “Bradley”, 1 point for all other names; for pet entrants: 1 point for an exact match)
  2. Enthusiasm for the HM Bradley brand (0-20 points)
  3. Unique or compelling personal story (0-20 points)
  4. Willingness to represent the HM Bradley brand in Entrant’s daily life (0-20 points)
  5. Social media engagement on Entrant Accounts (0-10 points) 
  6. Alignment with HM Bradley core values: “Empower excellence. Greatness comes from growth. Dare to change the status quo. Don’t be a jerk.” (0-10 points)

Entries with a score of seventy-five (75) or more, up to a maximum of ten (10), will be the potential winners. If no Entries achieve a score of seventy-five (75) or more, then the one (1) Entry with the highest score in Round 2 will be the potential winner. Any ties will be broken based on criteria 1, followed by criteria 2 if a tie remains, and so on.

Winner(s) selected: On or before November 30, 2022.  

All decisions of Sponsor are final and binding on all matters. Sponsor reserves the right to adjust any deadline(s) as the result of causes beyond its immediate control.

6. Notification/Verification of Winner:

The potential winner(s) will be notified by email or telephone using the email address or telephone number included in Entrant’s Entry within three (3) days after winner selection (“Prize Notification”). Failure to respond to such Prize Notification within five (5) days shall result in forfeiture of the prize. In such instance, Sponsor will replace such potential winner with the next-highest ranked Entry from Round 2 if either (i) there were more than ten (10) Entries in Round 2 that received a score of seventy-five (75) or more (this method shall be applied unless and until no potential winners with a score over seventy-five (75) remain), or (ii) there was only one (1) potential winner from Round 2.

Receiving a prize is contingent upon compliance with these Official Rules. The potential winner(s) will be required to execute certain documents within ten (10) days of Prize Notification, which may include, without limitation (collectively, “Prize Claim Documents”):

  • an affidavit of eligibility and compliance with these Official Rules;
  • a liability release;
  • an IRS Form 1099-MISC;
  • where imposing such condition is permitted, a publicity release. 

If a potential winner cannot be contacted, does not wish to accept the prize, or fails to sign and return the Prize Claim Documents within the specified time period, that potential winner forfeits the prize and a replacement potential winner will be chosen pursuant to the method described in the paragraph above.

In the sole discretion of Sponsor, a potential winner may be disqualified for any of the following reasons: (i) if Sponsor believes that such Entrant has (x) tampered with the entry process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices, or (y) has engaged in conduct that annoys, abuses, threatens or harasses any other Entrant, or any representative of the Released Parties; (ii) if such Entrant is not eligible based on the eligibility requirements set forth in these Official Rules; or (iii) Entrant has violated these Official Rules. In the event it is determined that a potential winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements, is ineligible, or if a prize notification is returned as undeliverable, then such potential winner will be disqualified and a replacement potential winner will be chosen pursuant to the method described two paragraphs above. 

7. Prize: 

Each of the 1 (one) to ten (10) winners will receive:

  • $2,500-25,000 USD ($25,000 divided by the number of winners).
  • 30 days’ access to co-working space at Beach House CoWork in Santa Monica, for use for thirty (30) total days during calendar year 2023 (approximate retail value $450). Access is subject to, and each winner must abide by, co-working location’s and Beach House CoWork’s requirements, terms and conditions, which may affect access. Winner is responsible for any additional costs associated with travel to/from, or otherwise related to, use of co-working access.
  • A commemorative t-shirt (approximate retail value $50).
  • Sponsor may select, in its sole discretion, one or more winner(s) to name as an “honorary founder of HMBradley” subject to such terms and conditions as may be required by Sponsor. 

Sponsor reserves the right to substitute any part of the prize for a prize of equal or greater value. Prizes cannot be assigned, transferred, or redeemed for cash.

Winner may receive an IRS Form 1099 and is solely responsible for all federal, state, and/or local taxes and other fees associated with prize receipt, regardless of whether prize is used in whole or in part.

A winner will not receive a prize until he/she has been verified as a winner by Sponsor and has completed the Prize Claim Documents.

8. Release; Limitation of Liability: By participating in the Contest, you hereby agree to release and hold harmless Sponsor, its parents, subsidiaries, and affiliates, and each of their officers, directors, shareholders, equity holders, employees, contractors, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, illness, injury, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest, or receipt, possession, use, or misuse of a prize. 

The Released Parties assume no responsibility for any damage to your, or any other person’s, personal property or computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or notifications, or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites or other connections, or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions, or for any technical malfunctions, failures, difficulties or other errors of any kind or nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. 

By submitting an Entry, Entrant acknowledges and agrees that Sponsor may obtain many entries in the Contest and that such entries may be similar or identical in theme, idea, format or other respects to others submitted in the Contest and/or other contests staged and/or sponsored by Sponsor and/or the other Released Parties, and Entrant waives any and all claims Entrant may have had, may have, and/or may have in the future that any composition, photograph and/or other works accepted, reviewed and/or used by Sponsor or its designees may be similar to his or her entry. Entrant acknowledges and agrees that no Released Party has now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to Entrant’s entry. 

LIMITATION OF LIABILITY. NEITHER SPONSOR NOR ANY OF THE RELEASED ENTITIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE CONTEST OR A PRIZE, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT SUCH DAMAGES ARE RELATED TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, AND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.  

LEGAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED IN THE PARAGRAPH ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU.

By participating in the Contest, you expressly waive and relinquish all rights and benefits afforded by California Civil Code Section 1542, and any similar law of any state or territory of the U.S. that may be applicable with respect to the foregoing release, and do so understanding and acknowledging the significance of this specific waiver of Section 1542. Section 1542 states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

9. Modification; Severability: These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representatives of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

10. Publicity, License, and Media Release: Except where prohibited by law, participation in the Contest constitutes Entrant’s grant to Sponsor of an irrevocable, perpetual, worldwide, unrestricted, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, adapt, transmit, distribute, prepare derivative works of, and display and perform publicly Entrant’s name, likeness, photographs, videos, and other Entry materials, voice, opinions and/or hometown and state, individually or collectively with others, including without limitation the right to resize, crop, censor, blur, compress, edit, feature, caption, affix logos to, and otherwise alter or make use of such items for promotional purposes and any other lawful purpose, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration. 

As a condition of entering the Contest, you consent to (i) Sponsor obtaining and delivering your name, address and other information to third parties for the purpose of administering the Contest and coordinating any co-working space membership aspect of a prize, and complying with applicable laws, rules and regulations, (ii) the collection, storage and use of your personally identifiable information by Sponsor in accordance with its privacy policy, located at https://policies.hmbradley.com/deposit/v1.0.3/HMB+Privacy+Policy.pdf, and as otherwise set forth herein, (iii) Sponsor’s Terms of Use, located at https://policies.hmbradley.com/deposit/v1.0.2/Terms+of+Use+For+HM+Bradley+Website+and+Mobile+Applications.pdf, and (iv) the publication of your name and city as described hereunder should you be selected and confirmed as a winner. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. 

11. General Conditions: By participating in the Contest, you agree to be bound by these Official Rules and the decisions of Sponsor. By submitting an Entry, you represent and warrant that all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, copyrights, trademarks, and rights of privacy and publicity) and otherwise does not violate applicable law. 

Sponsor 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 Sponsor in its sole discretion. In such event, Sponsor reserves the right, but is not required, to select the winner from amongst all eligible, non-suspect entries received and still eligible to win as of the date of such impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other term of these Official Rules. 

12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of a prize. No more than the stated number of prizes will be awarded.

13. Choice of Law: These Official Rules shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. 

14. Dispute Resolution: As a condition of participating in this Contest, any dispute arising out of or in connection with this Contest, these Official Rules, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association and held in Los Angeles County, California; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. 

15. No Class Actions: TO THE EXTENT ALLOWED BY LAW, EACH ENTRANT WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16. No Trial by Jury: TO THE EXTENT ALLOWED BY LAW, YOU AND SPONSOR WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

17. Winner List: For the winner(s)’ name, visit Hmb.to/founder. The winner(s)’ name(s) will be posted after verification is complete. 

19. Questions: Any questions, comments or complaints regarding the Contest should be directed to Sponsor at foundersearch@hmbradley.com. Proof of submission is not considered proof of delivery to, or receipt by, Sponsor.