Hero Nomination Terms & Conditions

ELIGIBILITY Bobo’s “Hero” Bar Nomination (“Contest”) is open only to individuals, eighteen (18) years or older at time Contest close on October 25th, 2019, who are legal residents of the Lower 48 United States, excluding Rhode Island. Employees of Sponsor, parent companies, subsidiaries or agents, their immediate families (defined as parents, children, siblings, spouse and grandparents), and those domiciled with any of the foregoing are not eligible. Website pages and advertisements relating to the Contest are intended for viewing only within the eligible Contest territory, and entrants must be present in the eligible Contest territory at the time of entry.

The Contest Submission Period begins on 1/1/2021, at 12:01 AM Mountain Standard Time (MST), and ends on 1/31/2021 at 11:59 MST (the “Contest Submission Period”). ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST SUBMISSION PERIOD. By participating, Contestants agree to be bound by these Official Rules and the decisions of the Judges and/or Sponsors, which are binding and final on matters relating to this Contest. The Official Rules can also be found at www.eatbobos.com/herocontestrules.

HOW TO ENTER: Here’s how to enter: (1) Write a written submission of not more than 1,000 characters describing how you are honoring your “Hero” through healthcare, teaching and what they would do with the prize money. (“Submission”). Your essay must be truthful and can be as creative or humorous as you like within the Submission Guidelines set forth below. (2) Once you have created your submission, log on to [website] and complete the entry form which will request your full name and email address. Submissions must be received during the Contest Submission Period. No hand deliveries or mailed submissions will be accepted. All entries received by the end of the Submission Period that are complete and otherwise qualified will be eligible to win (“Qualified Submissions”). Sponsor will not acknowledge receipt of Submissions.

By entering a teacher “Hero” you acknowledge that you are entering on behalf of an Eligible Teacher (defined below), and that you are not eligible to receive a prize, unless you are the Eligible Teacher you are entering. An eligible teacher must be (a) a legal resident of one of the Lower 48 United States or D.C., excluding Rhode Island (b) 18 years of age or older (19 or older if a resident of AL or NE), and (c) employed, as of the date of entry and continuing through the date on which prizes are awarded, as a teacher of any grade level between Kindergarten and grade twelve (12) at a public, private or charter school located within the 50 United States or D.C.

You may only submit one essay per natural person.

SUBMISSION GUIDELINES: Your Submission must be an original work of authorship created by you the person who submits the entry, and no longer than 1,000 characters. You may include specific examples about how you have improved your community through healthcare, student’s/students’ education or school life, or helped him/her/them become more effective or successful; how students pay more attention, follow directions better or participate more in class given your “Hero” efforts. If, in the sole discretion of Sponsor, your Submission constitutes copyright infringement or otherwise violates the rights of any third party, the Submission will be disqualified. Entries that are incomplete or corrupted are void and will not be accepted.
Submissions may not contain any illegal, offensive or obscene subject matter. Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the Submissions include third party copyrighted material. Contestant must hold all rights to the entire Submission. Sponsor is not responsible for legal protection or clearance of Submissions in any form. In the event the Submission contains references to specific people, Contestant must secure – and finalists will be required to submit – a written release from any healthcare worker, student(s), parent(s) or legal guardian(s) of student(s), school(s), health system, hospital, doctor office, or other third party mentioned in the Submission to use their names, stories and likeness under the terms and conditions of these Official Rules. Contestant agrees to indemnify Sponsor against any and all claims from any third party for any use by Sponsor of Submission.

LAWS AND REGULATIONS PRIZES MAY BE SUBJECT TO TAX; ALL APPLICABLE TAXES ARE THE RESPONSIBILITY OF THE WINNER. The information and image(s) you provide to the Sponsor may be used for future advertising and promotional purposes without additional permission or compensation, in accordance with Sponsor’s privacy policy, unless prohibited by law. Acceptance of the prize constitutes permission for the Sponsor to use the Grand Prize winner’s name, likeness, voice, opinions and any statements attributable to him/her for promotional purposes without further authorization, compensation or remuneration of any kind except where prohibited by law. Entries are void if Sponsor determines an entry to not be original, or if an entry is illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft. Failure by Sponsor to enforce any of its rights or these Official Rules at any stage does not constitute a waiver of those rights.

JUDGING: Judging will be completed in one (1) round. All entries will be prescreened to insure the entries have correctly met the Submission Guidelines and meet with Sponsor’s general standards and practices prior to any judging.

Beginning on or about 1/14/2021, Qualified Submissions will be reviewed and scored by Sponsor’s panel of qualified judges at the sole discretion of the Sponsor.

Selected Contestants will be required to respond (as directed) to the phone and/or e-mail notification within the Seventy-Two (72) hours of attempted notification. The failure to respond timely to the notification may result in forfeiture of the Prize; and, in such case, Sponsor may choose the next highest scoring entry from among the remaining eligible entries. Each Selected Entrant also will be sent a declaration of eligibility / liability / publicity release (“Release”), and provide proof of healthcare or teaching status upon request. Unless restricted by law, each Selected Entrant will be required to complete and return the Release within ten (10) days of date notice sent.

The Winning Submissions of Selected Contestant(s), Selected Contestant’s full name and illustrated image of Selected Contestant will be included in the film packaging of Bobo’s 2021 Hero Bar including promotion materials such as email marketing, paid media, social media and website. If the rights to full name and illustrated image of Selected Contestant can not be released Contestant will forfeit right to of the Prize; and, in such case, Sponsor may choose the next highest scoring entry from among the remaining eligible entries. The name of the school/institution in which the Contestant teaches may be announced and posted on Sponsor’s website, in Sponsor’s discretion.

WINNER IDENTITY: For the identity of the winner(s), send a self-addressed, stamped envelope after 2/15/2021 to: Bobo’s, 6325 Gunpark Drive, Suite B, Boulder, CO 80301 with the language “Bobo’s Hero Nomination”.

GENERAL RULES & LIMITATIONS By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of any prize), which are final and binding in all respects. Entry and acceptance of a prize constitute permission to use each winner’s name, prize won, hometown and likeness for print publication, online posting, and any other promotional purposes without further compensation, except where prohibited by law. By participating in the Contest, you agree to release Sponsor and parent companies, affiliates, subsidiaries, employees, directors, officers, and agents from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, possession, use, or misuse of any prize. Sponsor is not responsible for technical, hardware or software failures, or other errors or problems which may occur in connection with the Contest, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes, in any Contest-related materials, or that may limit prize fulfillment or a participant’s ability to enter the Contest. Sponsor reserves the right to amend these Official Rules. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor may permanently disqualify from the Contest any person it believes has tampered with the entry process or intentionally violated these official rules. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

PRIVACY Sponsor collect personal information from entrants when they enter the Contest. Information collected by Sponsor online is subject to Sponsor’s Privacy Policy, located at Sponsor’s privacy policy page: https://eatbobos.com/privacy-policy/. In accordance with applicable law and with Sponsor’s Privacy Policy, the information you provide may be shared with Sponsor. You may be contacted by the Sponsor with future promotional offers. Entrants may opt-out of marketing or promotional communications from Sponsor on any future email you receive from them. If you wish to “opt out” of the disclosure of any personal information, mail your request to Bobo’s Hero Nomination, Attn: Mike Mackay, 6325 Gunpark Drive, Suite B, Boulder, CO 80301, with your name and addresses used during entry – blanket requests for removal must be received by February 2nd, 2021. After February 2nd, 2021 all entrants may opt-out of receiving any communications by contacting the Sponsor individually. Consenting to receive additional emails and information is optional, and is not necessary to enter or win this Contest, nor will it increase or improve your chances of winning.

RELEASE AND INDEMNITY By participating in this Contest, entrants agree to release, indemnify and hold harmless Simply Delicious, Inc (dba Bobo’s Oat Bars) from and against any and all liability, damages or causes of action (however named or described) with respect to or arising out of either (i) the entrant’s participation, or (ii) the receipt or use of any prize awarded in the Contest. Prize winners assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Contest or use or redemption of a prize. Any disputes which may arise hereunder shall be governed in all respects by the laws of the State of Colorado without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of Colorado.

DISPUTE RESOLUTION Except where prohibited by law, by entering you agree that: (i) all issues and questions concerning the interpretation, validity, and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Colorado, without regard to its rules on conflicts of law; (ii) any action at law or in equity arising out of or relating to this Contest, or awarding of any prize), shall be filed only in the state or federal courts located in the State of Colorado and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action; (iii) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (iv) you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

MODIFICATIONS Sponsor may revise these Official Rules (and/or cancel, modify or suspend the Contest (including altering prizes) if, at its sole discretion, the Contest cannot reasonably be conducted as specified at any time. Such changes will be posted online and entrants and winners shall be legally bound by the Official Rules as updated, modified and/or amended. On behalf of Bobo’s, thanks for entering the Contest. Best of luck.

SOCIAL MEDIA ACCOUNTS: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or any other social media account through which it is promoted (a “SMA”). You hereby release all SMA’s of any liability associated with this Contest. You understand that you are providing your information to Sponsor, and not to the applicable SMA.

CONTESTANTS WILL NOT BE PAID FOR THEIR SUBMISSIONS or for granting Sponsor any of the foregoing rights.

PRIZE. Each Selected Contestant will receive: One (1) grant award of $1,500, payable by check for healthcare heroes, and One (1) grant award of $1,500 AdoptAClassroom.org credit for the teacher award.

To be eligible for the teacher award, the teacher Selected Contestant must be in compliance of AdoptAClassroom.org’s Terms of Use rules for teachers. Read more here.

Average Retail Value of Prize: One thousand, five hundred ($1500). Total retail value of all prizes ($10,000).

For all prizes, all federal, state and local taxes and other expenses in connection with the prize not expressly described herein as being awarded are the sole responsibility of the Selected Contestant. Selected Contestants are solely responsible for any other unspecified expenses related to prize. Selected Contestants cannot assign their prize to another person. No substitution of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value. In the event of noncompliance with the foregoing requirements or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor’s discretion, an alternate Selected Contestants with the next highest score will be chosen.

Incomplete, garbled, or otherwise illegible Submissions are void and will not be accepted. Sponsor is not responsible for lost, late, misdirected or corrupted Submissions, and for any problems, bugs or malfunctions Entrants may encounter when e-mailing or faxing their Submissions.

PUBLICITY. Sponsor reserves the right to use the Submissions to the Contest for publicity purposes prior to, during, or after the Contest end date, in any media, and to use the name, likeness, hometown name, of any Contestant, including all or part of their essay throughout the world, in perpetuity, without any compensation or prior review unless specifically prohibited by law. Taxes, if any, are the sole responsibility of Selected Contestant, who if U.S. residents, will be required to provide their social security number in order to receive prize and will be issued an IRS Form 1099 for the ARV of any awarded prize. This Contest is void outside Lower 48 United States, and is void in Rhode Island and where prohibited or restricted by law, and subject to applicable federal, state provincial and local laws. Sponsor reserves the right to disqualify any Contestant it finds to be tampering with the entry process or the operation of the Contest or violating these Official Rules.

WAIVER OF JURY TRIAL. Except as prohibited by applicable law and as a condition of participating in this Contest, each Contestant hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.

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